The Federal Court of Canada yesterday issued an important decision addressing the jurisdictional reach of Canada's privacy legislation. The case involved a complaint launched by Pippa Lawson of CIPPIC against U.S.-based Abika.com over the collection and use of her personal information. The Privacy Commissioner refused to investigate, arguing that Abika.com declined to cooperate with the investigation and that she therefore lacked the jurisdiction to proceed.
CIPPIC applied for judicial review and yesterday won the case. The court gets it exactly right – "with respect, I think the Commissioner did not distinguish her power to investigate from the effectiveness of her investigation."
