BC Freedom of Information and Privacy Association
Your Data Your Rights
What happens if the private sector organization refuses access to my personal information?
If access to all or part of the information is refused by a private sector organization in BC, they must tell you the reasons for refusal, the section of Personal Information Protection Act (PIPA) that applies, and the contact information of an employee who can answer your questions about the refusal. They must also inform you that you have 30 days from notification of the refusal to ask the Office of the Information and Privacy Commissioner for BC for a review.
If the private sector organization falls under Personal Information Protection and Electronic Documents Act (PIPEDA) and refuses to give you access, they must tell you in writing the reasons for refusal and any recourse you may have, including your right to file a complaint to the Office of the Privacy Commissioner of Canada. Complaints regarding disclosure refusals under PIPEDA must be filed within six months after receiving the refusal.
If a private sector organization does not answer your request, regardless of whether PIPA or PIPEDA applies, it is generally considered to be a refusal of access. In that case, you may seek guidance, support, or potentially a review from the appropriate oversight body. Generally, the oversight body will encourage you to try to resolve your complaint directly with the organization before they get involved.
For more information on refusals and complaints, please see our help topic resource.
Updated 2024.07. 27
These pages were last updated and reviewed in the summer of 2024.
The information on these pages only contains general information and guidance; none of the information constitutes legal advice. If you have a specific issue that you believe is a legal problem, the best practice is to consult a lawyer.
The information is non-partisan, dynamic and ever changing. It is the result of FIPA’s research and public education programs.
If you note something that needs to be added, corrected, or removed, please contact us by email: fipa AT fipa.bc.ca.
