The employer, a trucking company, had a conflict of interest policy whereby it reserved the right to assess potentially conflicting relationships on a case-by-case basis. Hearing rumours that its vice-president of human resources (Brian) was having a romantic relationship with Sarah, a woman who indirectly reported to him, the employer asked Brian whether they were romantically involved. Brian denied it. Over the next two years, the employer continued to receive information about a relationship, which Brian, when asked, repeatedly denied. Finally, the company decided to hire a private investigator to look into the matter. When the five-day investigationwhich included video surveillanceconfirmed that Brian and Sarah were cohabiting, the employer confronted Brian, who chose to resign.

Around the same time, the employer underwent a cost-cutting restructuring and Sarah was told that her position had been eliminated. She filed a complaint with the privacy commissioner, alleging that under PIPEDA her employer needed her consent both to conduct its investigation and to use or disclose the resulting information.

In your opinion, would Sarah's complaint be successful?Explain your answer.