Personal Information Protection and Electronic Documents Act (PIPEDA)
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PIPEDA is Canada's federal privacy law for private-sector organizations. It sets out ground rules for how businesses must handle personal information in the course of their commercial activities.
Key Facts
- Enacted in 2000, fully in effect since 2004
- Applies to private sector organizations
- Overseen by Privacy Commissioner of Canada
Privacy Principles
Accountability
Organizations are responsible for personal information under their control and must designate someone to be accountable for compliance.
Requirements
- Designate privacy officer
- Implement privacy policies
- Train staff on privacy practices
- Monitor compliance
- Respond to inquiries and complaints
Examples
- Appointing Chief Privacy Officer
- Annual privacy audits
- Regular staff training sessions
- Documentation of privacy practices
Identifying Purposes
Organizations must identify the purposes for collecting personal information before or at the time of collection.
Requirements
- Document collection purposes
- Inform individuals of purposes
- Limit collection to identified purposes
- Notify of new purposes
- Obtain consent for new uses
Examples
- Privacy notices at collection points
- Purpose statements in forms
- Updates for new uses of data
- Clear collection notices
Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information.
Requirements
- Obtain meaningful consent
- Ensure consent is informed
- Document consent processes
- Allow consent withdrawal
- Consider sensitivity of information
Examples
- Opt-in consent forms
- Clear privacy policies
- Consent withdrawal procedures
- Consent tracking systems
Compliance Requirements
Privacy Management Program
Organizations must implement a comprehensive privacy management program.
Steps
- Develop privacy policies
- Establish governance structure
- Create privacy procedures
- Implement training program
- Conduct regular assessments
Documentation
- Privacy policy manual
- Training materials
- Assessment reports
- Governance documents
- Procedure guides
Breach Response Protocol
Organizations must have procedures for identifying and responding to privacy breaches.
Steps
- Create breach response plan
- Establish notification procedures
- Set up response team
- Document incidents
- Review and update procedures
Documentation
- Breach response plan
- Notification templates
- Incident reports
- Team contact list
- Review records
Third-Party Management
Organizations must ensure appropriate protection of personal information transferred to third parties.
Steps
- Assess third parties
- Implement contractual safeguards
- Monitor compliance
- Review data transfers
- Document relationships
Documentation
- Vendor agreements
- Assessment reports
- Monitoring logs
- Transfer records
- Compliance reports
Enforcement
Commissioner Powers
The Privacy Commissioner of Canada can investigate complaints and conduct audits.
Powers
- Receive and investigate complaints
- Conduct audits of organizations
- Make recommendations
- Publish findings
- Seek court orders
Example Cases
Court Remedies
The Federal Court can order organizations to change practices and award damages.
Powers
- Order compliance with PIPEDA
- Award damages to complainants
- Publish corrective notices
- Require privacy practice changes
- Issue monetary penalties