When Can a Private Sector Organization Refuse to Give Access?
It is important to understand that the right to access is sometimes limited. Most of the time, the organization must give you access to your personal information. However, sometimes the organization can choose to refuse access, and sometimes the organization is required by law to refuse access. These situations are a bit different depending on whether PIPA or PIPEDA applies to the organization. For example, under PIPA, an organization may refuse to give you access to your personal information for the following reasons: • if the information is protected by solicitor-client privilege (for example, if it is part of a legal opinion or a court case); • if it was collected for an investigation; • if it would reveal confidential business information; or • if it was collected by a mediator or arbitrator in specified circumstances. And under PIPA an organization must refuse to give you access to your personal information: • if there is a health or safety risk in giving you the information; • if
