Federal Court to hear State Farm’s challenge of privacy law

The Federal Court of Canada in Halifax is scheduled to hear State Farm Mutual Automobile Insurance Company v. the Privacy Commissioner of Canada on Apr. 13, 2010.
The case concerns State Farm’s challenge of the privacy commissioner’s jurisdiction in an insurance fraud investigation.
In March 2005, Jennifer Vetter, a State Farm insured, was involved in a motor vehicle accident with Gerald Gaudet.
State Farm hired private investigators who conducted video surveillance of Gaudet.
Pursuant to the Personal Information Protection and Electronic Documents Act (PIPEDA), Gaudet requested the personal information State Farm had compiled, including copies of the surveillance reports and tapes.
State Farm denied the request stating PIPEDA did not apply to any information it held regarding Gaudet.
When the Privacy Commissioner intervened, State Farm argued the Office of the Privacy Commissioner had no jurisdiction regarding the disclosure of surveillance information.
The New Brunswick Court of Appeal ruled in early 2009 that the Federal Court was the proper jurisdiction to hear the case.