Canada’s Federal Privacy Legislation

Learn more about PIPEDA Regulations

The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal privacy law governing the collection, use, and disclosure of personal information by private-sector organizations engaged in commercial activities.

PIPEDA

Rights of Data Subjects

PIPEDA grants individuals key rights to ensure their privacy is respected:
  • To know why their personal information is being collected, used, or disclosed.
  • To expect reasonable and appropriate handling of their data.
  • To identify who within the organization is responsible for data protection.
  • To expect their personal information to be safeguarded with appropriate security measures.
  • To access their personal information and request corrections if needed.
  • To file complaints if their privacy rights are violated.
Definitions
  • Personal Information:
  • Broadly includes any information about an identifiable individual, such as:
  • Name, address, email, phone number, date of birth, social insurance number.
  • Financial and medical information.
  • Sensitive data, including ethnic origin, social status, and personal health information.
Fair Information Principles
PIPEDA is built on ten internationally recognized principles that guide organizations in managing personal information:
  1. Accountability:
    • Organizations must designate individuals responsible for ensuring compliance with PIPEDA.
  2. Identifying Purposes:
    • Clearly define the purposes for collecting personal information at or before the point of collection.
  3. Consent:
    • Obtain individual consent before collecting, using, or disclosing personal information, except in specific cases (e.g., legal obligations or emergencies).
  4. Limiting Collection:
    • Collect only the information necessary for identified purposes.
  5. Limiting Use, Disclosure, and Retention:
    • Use and disclose information solely for stated purposes and retain it only as long as necessary.
  6. Accuracy:
    • Ensure personal information is accurate, complete, and up-to-date.
  7. Safeguards:
    • Protect personal information through appropriate physical, organizational, and technological security measures.
  8. Openness:
    • Maintain transparency by making privacy policies and practices easily accessible.
  9. Individual Access:
    • Provide individuals with access to their personal information and allow them to challenge its accuracy.
  10. Challenging Compliance:
  11. Allow individuals to challenge an organization’s compliance and file complaints with the Office of the Privacy Commissioner of Canada (OPC).

 

If Your Website Targets Visitors in Canada Then You Should Be Using PIPEDA Compliance Software
PIPEDA provides a robust framework for protecting personal information in Canada, emphasizing accountability, transparency, and individual rights. Its comprehensive principles, enforceable rights, and significant penalties for non-compliance ensure organizations prioritize data protection and privacy.

Purpose and Scope

Objective:

• Enacted on April 13, 2000, to promote trust and data privacy in e-commerce, later extended to industries such as banking, broadcasting, and healthcare.

• Balances individual privacy rights with organizations’ needs to collect, use, or disclose personal information for legitimate purposes.

Personal Information Protection and Electronic Documents Act

Enforcement and Penalties

Regulatory Body:
• The OPC enforces PIPEDA, investigating complaints, conducting audits, and issuing reports.
• While the OPC cannot directly issue fines, it can apply to the Federal Court for relief.
Financial Penalties:
• Fines of up to CAD $100,000 per violation can be imposed through Federal Court actions.
Criminal Penalties:
• Criminal charges may be pursued for offenses such as destroying information after receiving a request, retaliating against employees, or obstructing investigations.
Private Remedies:
• Individuals can seek legal damages, including in class action cases, for harm caused by violations.

Exemptions

PIPEDA does not apply universally and includes specific exemptions:

• Organizations operating exclusively within provinces with their own substantially similar privacy legislation.

• Personal information used for journalistic, artistic, or literary purposes.

• Employee personal information used solely for employment-related activities.
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