Office of the Privacy Commissioner of Canada

Complaint under section 11 of PIPEDA against Freelancer - faxed 29 September 2026, attachments for the file

Hello,

We corresponded on files PA-075049 and PIPEDA-054606. This message concerns a new complaint under section 11 of PIPEDA. The respondents are Freelancer International Pty Limited and Freelancer Technology Pty Limited, which operate freelancer.com.

I faxed the complaint to the Intake Unit at [phone] on 29 September 2026. The fax service confirmed delivery at 02:54 Eastern time. At 02:49 the same complaint with 4 attachments went to [email]. The mail server of priv.gc.ca rejected it: "550 5.4.1 Recipient address rejected: Access denied".

Your online complaint form does not take this complaint. I answered that another body is dealing with the same conduct. The form then showed the page "Other ongoing process" and removed the Next button. Those processes run before Australian bodies under Australian law, and the form has no field to state that.

Attached are the complaint as faxed and the 4 documents it relies on:
1. my access request of 16 August 2026;
2. the reply of Freelancer of 7 September 2026;
3. my reply of 7 September 2026;
4. my letter of 24 September 2026.

Place the complaint and the 4 attachments on file with 29 September 2026 as the date of receipt. Send me the file number and written confirmation of receipt by 9 October 2026. Where the Intake Unit does not open a file, state the provision of PIPEDA it relies on and name the person who decided.

Respectfully,
Danilo Dzyuban
Attachments: COMPLAINT-OPC-2026-09-29.pdf, 2026-08-16-my-PIPEDA-access-request.txt, 2026-09-07-Freelancer-reply-Owen-Smith.txt, 2026-09-07-my-reply-to-Freelancer.txt, 2026-09-24-my-followup-to-Freelancer.txt

RE: Complaint under section 11 of PIPEDA against Freelancer - faxed 29 September 2026, attachments for the file

Hello,

Your message of 1 October 2026 makes 4 statements. Each is answered below.

"I am unable to accept a complaint on your behalf." The complaint against Freelancer was filed with the Commissioner under subsection 11(1) of PIPEDA, by fax to the Intake Unit at [phone] on 29 September 2026, delivery confirmed at 02:54 Eastern time. It is filed. It needs no acceptance by an officer.

"I am also not currently working on any complaints submitted by you." Files PIPEDA-054606 and PA-075049 are open, and you corresponded with me on both.

"I believe your complaint could not be accepted because you are currently complaining elsewhere." A belief is not a decision. Subsection 12(1) requires the Commissioner to investigate a complaint unless paragraph (a), (b) or (c) applies. Subsection 12(3) requires the Commissioner to notify the complainant that the complaint will not be investigated and to give reasons. No such notice has reached me. Your online form removed its Next button at the page "Other ongoing process". A web form is not the Commissioner, and a missing button is not a notice under subsection 12(3).

"Our office would expect an individual to wait for a response from the other organization." Name the provision of PIPEDA that carries that expectation. The other process runs before the Office of the Australian Information Commissioner under the Privacy Act 1988 of Australia. That Office does not apply PIPEDA and cannot order Freelancer to comply with it. Paragraph 12(1)(b) covers a procedure "under the laws of Canada" or "the laws of a province", and an Australian statute is neither. Freelancer refused the access request in writing on 30 September 2026, so no procedure of its own remains under paragraph 12(1)(a).

Send by 9 October 2026:
(1) the file number of the complaint of 29 September 2026, with written confirmation that 29 September 2026 is the date of filing;
(2) where the Commissioner declines to investigate, the notice under subsection 12(3): the paragraph of subsection 12(1) relied on, the reasons, the date of the decision, and the name and title of the person who made it;
(3) the written policy under which the online complaint form stops a complaint at the page "Other ongoing process", with its date and the provision of PIPEDA it rests on;
(4) the name of the officer who holds file PIPEDA-054606, the name of the officer who holds file PA-075049, and the date each was assigned;
(5) a working address for the Intake Unit. On 29 September 2026 the mail server of priv.gc.ca rejected my message to [email]: "550 5.4.1 Recipient address rejected: Access denied".

Send this message to the Intake Unit and to the office of the Commissioner today, and confirm in writing that you did.

Absent item (1) or item (2) by 9 October 2026, the application goes to the Federal Court under section 18.1 of the Federal Courts Act, for an order that the Commissioner perform the duty in subsection 12(1).

Respectfully,
Danilo Dzyuban