TAMARA JAMES v. AMAZON.COM.CA, INC.
TAMARA JAMES
Law Firm / Organization
Self Represented
AMAZON.COM.CA, INC.
Law Firm / Organization
Dentons Canada LLP
  • Case Background:

    • Tamara James appealed a Federal Court decision that dismissed her application under the Personal Information Protection and Electronic Documents Act (PIPEDA).
    • Her appeal concerned a complaint to the Office of the Privacy Commissioner against Amazon for denying access to her personal information?.
  • Key Issues:

    • The complaint was discontinued as Amazon's denial was due to an inability to verify James' identity, deemed fair and reasonable by the Commissioner?.
    • The Federal Court agreed that Amazon had not violated James' rights under PIPEDA as it couldn't verify her identity?.
    • James' allegation that her inability to access information was due to its inaccuracy was rejected due to lack of evidence.
    • The court found that the response timeframe under PIPEDA did not begin until Amazon confirmed James' identity?.
  • Appeal Issues:

    • James raised issues regarding new issues allegedly raised by the Federal Court, violation of Principle 9 (individual access to information), and limitations under Principle 6 (accuracy of information).
    • The court found no errors in law or palpable errors in these issues.
    • Evidence in Ms. James' affidavit (Exhibit H) was deemed insufficient to support her argument??.
    • The Federal Court's conclusion on the insufficiency of James' evidence was considered appropriate?.
    • Allegations of bias in the Federal Court's analysis were rejected?.
  • Court's Conclusion:

    • The Federal Court saw no error in its finding that Amazon did not violate Principle 9, as sufficient doubt existed about James' identity?.
    • The court also found the evidence insufficient to support James' allegation about inaccuracies in her information.
  • Costs:

    • The appeal was dismissed with all-inclusive costs of $500.
 
Federal Court of Appeal
A-33-23
Privacy law
$ 500
Respondent
13 February 2023