Privacy Commissioner
Definition
A Privacy Commissioner is an independent official or body responsible for overseeing and enforcing privacy laws within a jurisdiction, investigating complaints, providing guidance, and promoting privacy rights. Privacy commissioners operate in various countries including Canada, Australia, New Zealand, and many others with similar roles across different names. In Canada, the Office of the Privacy Commissioner enforces PIPEDA and the Privacy Act, investigating complaints, conducting audits, and issuing findings and recommendations. While the Canadian Privacy Commissioner cannot directly impose fines, they can refer matters to Federal Court, issue public reports, and make binding recommendations in some cases. Privacy commissioners typically have powers to investigate complaints, conduct audits, issue guidance and opinions, engage in public education, collaborate with international regulators, and in some jurisdictions, impose penalties. They serve as accessible resources for individuals and organizations seeking clarity on privacy obligations. The independence of privacy commissioners is crucial—they must operate without political interference to effectively protect privacy rights. Organizations should engage proactively with privacy commissioners, monitor their guidance and decisions, respond cooperatively to investigations, and consider voluntary consultation on novel privacy questions. Privacy commissioners often publish valuable guidance documents, annual reports, and case studies that inform best practices.
Applicable Laws & Regulations
- 1PIPEDA S.C. 2000, c. 5
- 2Privacy Act R.S.C., 1985, c. P-21
- 3Australian Privacy Act 1988
- 4New Zealand Privacy Act 2020