Section 8 of PIPEDA says that if you make your request in writing (by fax and keep the fax successful and then maybe send one by registered mail) and there is no response in 30 days, it is deemed to be a refusal and therefore in violation of the privacy act. If the privacy commissioner feels necessary, they could be fined !
http://laws.justice.gc.ca/en/ShowFullDoc/cs/P-8.6///en - http://laws.justice.gc.ca/en/ShowFullDoc/cs/P-8.6///en
(Scroll down to Section 8, read it fully, and then read Schedule 1 - 4.9)
You could then complain to the privacy commissioner and you will eventually get your file.
http://www.privcom.gc.ca - http://www.privcom.gc.ca
You could also try their Customer Relations Centre at 1 800 769-2540. They will soothe you but it might get someone to move on it??
Written request
8. (1) A request under clause 4.9 of Schedule 1 must be made in writing.
Assistance
(2)
An organization shall assist any individual who informs the
organization that they need assistance in preparing a request to the
organization.
Time limit
(3)
An organization shall respond to a request with due diligence and in
any case not later than thirty days after receipt of the request.
Extension of time limit
(4) An organization may extend the time limit
(a) for a maximum of thirty days if
(i) meeting the time limit would unreasonably interfere with the activities of the organization, or
(ii) the time required to undertake any consultations necessary to
respond to the request would make the time limit impracticable to meet;
or
(b) for the period that is necessary in order to be able to convert the personal information into an alternative format.
In
either case, the organization shall, no later than thirty days after
the date of the request, send a notice of extension to the individual,
advising them of the new time limit, the reasons for extending the time
limit and of their right to make a complaint to the Commissioner in
respect of the extension.
Deemed refusal
(5) If the organization fails to respond within the time limit, the organization is deemed to have refused the request.
Costs for responding
(6) An organization may respond to an individual’s request at a cost to the individual only if
(a) the organization has informed the individual of the approximate cost; and
(b) the individual has advised the organization that the request is not being withdrawn.
Reasons
(7)
An organization that responds within the time limit and refuses a
request shall inform the individual in writing of the refusal, setting
out the reasons and any recourse that they may have under this Part.
Retention of information
(8)
Despite clause 4.5 of Schedule 1, an organization that has personal
information that is the subject of a request shall retain the
information for as long as is necessary to allow the individual to
exhaust any recourse under this Part that they may have.
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