The Federal Court takes a fresh look at the evidence produced by both parties. The purpose of a section 41 application is to ask the Court to determine whether the government institution respected the applicable provisions of the Act in refusing to provide access to personal information sought by an individual it is not to review the report prepared by the Privacy Commissioner. What is the purpose of a section 41 application?

A section 41 application may not be made in regard to the collection, use or disclosure of a complainant’s personal information by a government institution. What are the issues involved?Ī section 41 application is made only in relation to a complaint regarding a refusal by a government institution to provide the complainant with access to his or her personal information after the complaint has been investigated and the results reported to the complainant by the Privacy Commissioner. The complainant may make this application only after the Commissioner has investigated the matter and has issued her final report. What is a section 41 application?Ī section 41 application is a request for a hearing in the Federal Court regarding a refusal by a government institution to provide an individual access to his or her personal information held by the government institution about which a complaint was made to the Privacy Commissioner of Canada. For more information, please refer to the Federal Courts Rules Footnote 2, which can be found on the Department of Justice Canada website. This document is intended to provide helpful information to guide complainants through the process of applying to the Federal Court for a review under section 41 of the Privacy Act Footnote 1 (the “Act”) of a refusal to give access to personal information. Under section 41 of the Privacy Ac t, an individual may request a hearing before the Federal Court of Canada only in relation to a refusal by a government institution to provide an individual access to his or her personal information held by the government institution about which a complaint was made to the Office of the Privacy Commissioner of Canada (OPC).Ĭonsidering that a section 41 application is a legal proceeding commenced in the Federal Court of Canada, the OPC has prepared the following information to help complainants understand their rights and guide them through the process of applying for a court review of a government institution’s refusal to give them access to their personal information.

Federal court filing of filed documents