Court File No.: 7 /179-1§ FEDERAL COURT IN THE MATTER OF a reference pursuant to subsection 18.3(1) of the Federal Courts Act, RS.C. 1985, c. F-7 of questions or issues of law and jurisdiction concerning the Personal Information Protection and Electronic Documents Act, 8.C. 2000, ¢. 5 that have arisen in the course of an investigation into a complaint before the Privacy Commissioner of Canada BETWEEN: ‘THE PRIVACY COMMISSIONER OF CANADA Applicant NOTICE OF APPLICATION OF THE PRIVACY COMMISSIONER OF CANADA. Application for a reference under section 18.3 of the Federal Courts Act, R.S.C. 1985, ¢. F-7 A REFERENCE HAS BEEN COMMENCED by the applicant. The questions being referred by the applicant appear at paragraph | of page I. THIS REFERENCE will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at Ottawa, Ontario. IF YOU WISH TO PARTICIPATE IN THIS REFERENCE, to receive notice of any step in the reference or to be served with any documents in the reference, you or a solicitor acting for you must prepare a notice of intention to participate in Form 323 prescribed by the Federal Courts Rules and serve it on the applicant's solicitor, or where the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application, Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on reques! inistrator of this Court at Ottawa (telephone 613-992-4238) or at any local offiDATED AT OTTAWA, this /O_ day of October 2018. Issued by: “ Cha Monster Address of local office: Federal Court ‘Thomas D'Arcy McGee Building 90 Sparks Street Ottawa, Ontario KIA OHOAPPLICATION This is an application by the Privacy Commissioner of Canada (“Privacy Commissioner” or Commissioner”) pursuant to subsection 18.3(1) of the Federal Courts Act, R.S.C. 1985, ¢.F-7 to refer the following questions of law and jurisdiction to the Federal Court for hearing and determination (“the reference questions”): (1) Does Google LLC (“Google”), in the operation of its search engine service, collect, use or disclose personal information in the course of commercial activities within the meaning of paragraph 4(1)(a) of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA” or “the Act”) when it indexes web pages and presents search results in response to searches of an individual’s name? (2) __Isthe operation of Google’s search engine service excluded from the application of Part 1 of PIPEDA by virtue of paragraph 4(2)(c) of PIPEDA because it involves the collection, use or disclosure of personal information for journalistic, artistic or literary purposes and for no other purpose? The grounds for the application are: 2. The Privacy Commissioner is the officer responsible for overseeing and ensuring compliance with Canada’s federal privacy laws. The Privacy Commissioner oversees the Privacy Act, R.S.C. 1985, ¢. P-21, which applies to federal government institutions, and PIPEDA, which applies to organizations in the private sector engaged in commercial activities. In light of the powers, duties and functions conferred on the Privacy Commissioner by these statutes, the Commissioner is a “federal board, commission or other tribunal” as defined by section 2 of the Federal Courts Act. With some exceptions, PIPEDA applies to every organization in respect of personal information that the organization collects, uses or discloses in the course of commercial activities by virtue of paragraph 4(1)(a) of the Act.