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JohnTime

Canadian Privacy Act breach......

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I was on vacation for the last 6 months and was unable to make payments on a loan i had. After returning home i discovered a collection agency was calling my parents house and talking with my mom whom they made arrangments to pay off my dept. My mom whom didint even know i had the loan paid the full balance of the load because she didint want my cedit wrecked.

I am very upset over this and was wondering being that this is clearly a violation of the canadian privacy act do i have grounds for a lawsuit? If so is it really worth it taking in acount time and legal fees.

 

Your responce is greatly appreciated.

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See http://en.wikipedia.org/wiki/PIPEDA

 

Remedies

 

PIPEDA does not create an automatic right to sue for violations of the law's obligations. Instead, PIPEDA follows an ombudsman model in which complaints are taken to the Office of the Privacy Commissioner of Canada. The Commissioner is required to investigate the complaint and to produce a report at its conclusion. The report is not binding on the parties, but is more of a recommendation. The Commissioner does not have any powers to order compliance, award damages or levy penalties. The organization complained about does not have to follow the recommendations. The complainant, with the report in hand, can then take the matter to the Federal Court of Canada. The responding organization cannot take the matter to the Courts, because the report is not a decision and PIPEDA does not explicitly grant the responding organization the right to do so.

 

PIPEDA provides, at section 14, the complainant the right to apply to the Federal Court of Canada for a hearing with respect to the subject matter of the complaint. The Court has the power to order the organization to correct its practices, to publicise the steps it will take to correct its practices and to award damages.


Anthrax alert at debt collectors caused by box of doughnuts

 

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Moved to the Overseas Forum


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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