The Blood Tribe case provides important insights into the extent of the Privacy Commissioner’s powers to access privileged information during investigations. Learn what conclusions can be drawn from this landmark Canadian privacy law case.
Table of Contents
Question
What can be concluded from the Blood Tribe case regarding the Privacy Commissioner’s access to information?
A. The commissioner cannot receive information unless it is gathered under oath.
B. The commissioner cannot ask an organization to prove that a document is privileged.
C. The commissioner can compel the production of all documents that are relevant to the investigation.
D. The commissioner can officially request proof that desired information is subject to solicitor-client privilege.
Answer
Based on the details of the Blood Tribe case, the correct answer is:
D. The commissioner can officially request proof that desired information is subject to solicitor-client privilege.
Explanation
In the Blood Tribe case, the Supreme Court of Canada ruled that while the Privacy Commissioner has broad investigative powers under PIPEDA, the Commissioner does not have the authority to compel the disclosure of documents that an organization claims are protected by solicitor-client privilege.
However, the court held that the Commissioner can request that an organization provide sufficient information to demonstrate that the documents in question are indeed subject to solicitor-client privilege. The organization must provide enough details to show that the privilege applies, without having to disclose the actual contents of the privileged communication.
So in summary, the Commissioner cannot compel production of privileged documents (eliminating option C), but they can officially request that the organization prove the information is privileged (making D the correct answer). The ability to request proof of privilege is not contingent on the information being gathered under oath (eliminating A) or on a prohibition on asking for such proof (eliminating B).
The Blood Tribe case set an important precedent regarding the scope of the Privacy Commissioner’s access powers and the protection of solicitor-client privilege in the context of privacy investigations under Canadian law. It struck a balance between the Commissioner’s authority and the confidentiality of privileged legal communications.
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