Privacy & CybersecurityLawyer referralAccess requests and Commissioner investigations

Responding to a Privacy Commissioner investigation

Preparing a business's reply to a complaint or investigation by the Privacy Commissioner of Canada or the Ontario IPC.

Under federal private sector privacy law, organizations generally must respond to an access request within 30 days, with limited extensions. Ontario Done by an Ontario lawyer, by referral

What is included

  • Reviews the request or the Commissioner's notice
  • Helps locate and review the personal information involved
  • Applies any exemptions and prepares the response
  • Answers the Commissioner's questions and represents you in the investigation

What is not included

  • Technical security testing, forensics or IT services
  • Regulator or court proceedings not covered by the lawyer's written retainer
  • Advice from foreign counsel where laws outside Canada apply

Who this service is for

  • Organizations that received a personal information access request
  • Organizations under investigation by a privacy commissioner

Information to have ready

  1. 1The request or notice
  2. 2Records that may contain the person's information
  3. 3Your privacy policy and procedures
  4. 4Correspondence with the requester or Commissioner

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

Lawyers usually charge $400–$900/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.

Can an organization refuse to give someone their information?

Only in limited cases set out in the law, such as where it would reveal another person's information or legally privileged material. Refusals must be explained in writing.

What happens in a Commissioner investigation?

The Commissioner gathers information from both sides and may make findings and recommendations. Careful, timely responses usually help.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed
  • Compliance depends on how the organization actually follows its policies
  • The lawyer confirms the scope, fee and steps in a written retainer before starting
Law Society of Ontario — Barreau de l'Ontario
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