The Information and Privacy Commissioner is an independent Officer of the Legislature and is mandated under PIPA to monitor compliance with this Act to ensure its purposes are achieved.
Under PIPA, the Commissioner has broad powers of investigation, including the authority to launch investigations into allegations of non-compliance by organizations.
When conducting an investigation, the Commissioner has all the powers, privileges and immunities of a commissioner under the Public Inquiries Act, and the powers set out in section 38 of PIPA, including the following:
(2) The Commissioner may require any record to be produced to the Commissioner and may examine any information in a record, including personal information, whether or not the record is subject to this Act.
(3) Notwithstanding any other enactment or any privilege of the law of evidence, an organization must produce to the Commissioner within 10 days any record or a copy of any record required under subsection (1) or (2).
(4) If an organization is required to produce a record under subsection (1) or (2) and it is not reasonable to make a copy of the record, the organization may require the Commissioner to examine the original record at its site.
(5) After completing a review or investigating a complaint, the Commissioner must return any record or any copy of any record produced.
(6) The Commissioner may publish any finding or decision in a complete or an abridged form
Note that the authority under the Public Inquiries Act does not give the Commissioner the ability to conduct a public inquiry. Rather, this authority extends certain powers under that Act to the Commissioner, such as the power to compel witness testimony.
Section 36(1)(b) gives the Commissioner the power to order an organization to comply with PIPA on finding a violation of PIPA at the conclusion of an investigation. Orders of the Commissioner can be enforced by the Court.
Under section 37.1(1), the Commissioner has the power to require an organization to notify individuals affected by a breach of their personal information, where there is a real risk of significant harm to these individuals as a result of the breach.
Under PIPA, in sections 59(1)(d), (e) and (f) it is an offence for a person, including an organization, to
(d) obstruct the Commissioner or an authorized delegate of the Commissioner in the performance of the Commissioner’s duties, powers or functions under this Act, including but not limited to obstructing the Commissioner or authorized delegate by disposing of, altering, falsifying, concealing or destroying evidence relevant to an investigation or inquiry by the Commissioner;
(e) make a false statement to the Commissioner or an authorized delegate of the Commissioner, or mislead or attempt to mislead the Commissioner or authorized delegate, in the course of the performance of the Commissioner’s duties, powers or functions under this Act;
(f) fail to comply with an order made by the Commissioner under this Act.
The penalty for being found guilty of an offence under PIPA is up to $10,000 for an individual and up to $100,000 for an organization.
Section 60(1) of PIPA provides any individual who is affected by an order made by the Commissioner, which has become final as a result of there being no further right of appeal, with a cause of action against the organization for damages for loss or injury that the individual has suffered as a result of the breach by the organization of obligations under this Act or the regulations.