Dan Michaluk, over at All About Information, has a great summary of a recent case from the Federal Court holding that the Privacy Commissioner of Canada does not have the power to demand evidence to support a claim of privilege, as an exemption to the access principle under PIPEDA. See: Case Report – Federal Court says OPC can’t demand evidence supporting a privilege claim « All About Information.
This is very interesting because since Blood Tribe, the Commissioner has been demanding detailed information about the documents over which privilege is claimed.
This case is Privacy Commissioner of Canada v. Air Canada, 2010 FC 429 (CanLII), 2010 FC 429 (CanLII).
