Gauthier v. Canada ( Minister of Consumer and Corporate Affairs )
T-468-92
Reed J.
16/11/92
4 pp.
Application to review decisions of Privacy Commissioner pursuant to Privacy Act, s. 41 -- Respondent seeking order striking parts of motion for review requesting review of Commissioner's decision under Privacy Act, ss. 7, 8 -- Ss. 7, 8 prohibiting disclosure of information concerning individual without individual's consent unless information used for purpose consistent with purpose for which obtained -- Complaint concerning improper disclosure of personal information about Gauthier from one branch of government department to another branch of same department -- Respondent arguing as no refusal of access to personal information, Court lacking jurisdiction to review matter concerning complaint of improper disclosure -- Respondent's motion allowed -- X v. Canada (Minister of National Defence), [1991] 1 F.C. 670 (T.D.) applied -- Limited scope of review given to courts by Privacy Act criticized by C. H. H. McNairn and C. D. Woodbury in Government Information: Access and Privacy, Don Mills, Ont.: DeBoo, 1989 -- Act expressly precluding complainants starting regular action for damages based on negligence -- Ss. 67(1), 74 expressly providing exemption from criminal or civil proceedings for anything done in good faith -- House of Commons Standing Committee reviewing both Access to Information Act and Privacy Act, expressing concern over lack of remedies available to those alleging improper disclosure of personal information -- Recommending creation and clarification of remedies available to persons alleging lack of compliance under Acts: Open and Shut: Enhancing the Right to Know and the Right to Privacy: Report of the Standing Committee on Justice and Solicitor General on the Review of the Access to Information Act and the Privacy Act, Queen's Printer for Canada, 1987 -- Privacy Act, R.S.C., 1985, ss. 7, 8, 41, 67, 74.