Case Report – Federal Court comments on remedial power to redress PIPEDA violation through corrective order

28 Sep

On September 24th, the Federal Court made the following comment in dismissing a PIPEDA application that sought, among other things, an order requesting correction of a record of personal information:

Section 16 of the Act limits the Court’s remedies of ordering corrective action or notice thereof to an organization’s practices. The type of corrective remedy the Applicant requests is not related to the Respondent organization’s practices. Practices generally mean the organization’s usual business methods or procedures. As a result, the Applicant’s request falls outside the scope of the Court’s remedial power under s. 16 of the Act.

Soup v. Blood Tribe Board of Health, 2010 FC 955.

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