Canadian privacy law
Encyclopedia
Canadian privacy law is encapsulated within multiple acts, and the Canadian charter of rights and freedoms. They are listed below in chronological order. (PIPA and PIPEDA were enacted simultaneously)
has evolved over time into what it is today. The first instance of a formal law came when, in response to international pressure, the Canadian government introduced data protection provisions into the Canadian Human Rights Act
. Subsequently, the Canadian Charter of Rights and Freedoms
outlined that everyone has "the right to life, liberty and security of the person" and "the right to be free from unreasonable search or seizure", but never mentioned directly the concept of privacy
.
Under the Privacy Act, the Privacy Commissioner of Canada
has powers to audit federal government institutions to ensure their compliance with the act, and is obliged to investigate complaints by individuals about breaches of the act. The federal Privacy Act and its equivalent legislation in most provinces are the expression of internationally accepted principles known as "fair information practices." As a last resort, the Privacy Commissioner of Canada
does have the "power of embarrassment", which can be used in the hopes that the party being embarrassed will rectify the problem under public scrutiny
Although the office of the commissioner has no mandate to conduct extensive research and education under the current Privacy Act, the Privacy Commissioner of Canada
(2000, Bruce Phillips) believed that they had become a leading educator in Canada on the issue of privacy.
. It was enacted in 1985, and complemented the Privacy Act. The main purposes of the Access to Information Act were to provide citizens with the right of access to information under the control of governmental institutions. The act limits access to personal information under specific circumstances.
.
(abbreviated PIPEDA or PIPED Act) is a federal Canadian law on the topic of data privacy. It governs how private-sector companies can collect, use and disclose personal information. The Act also contains various provisions to facilitate the use of electronic documents. PIPEDA was passed in the late 1990s to promote consumer trust in electronic commerce, as well as was intended to assure other governments that Canadian privacy laws were strong enough to protect the personal information of citizens of other nationalities.
PIPEDA includes and creates provisions of the Canadian Standards Association's Model Code for the Protection of Personal Information, developed in 1995.
In PIPEDA, "Personal Information" is specified as information about an identifiable individual, that does not include the name, title or business address or telephone number of an employee of an organization.
PIPA requires all private sector organizations in British Columbia to comply with rules respecting:
There are specific rules for collecting, using and disclosing personal information for research and in the course of a business transaction.
The PIPA applies to an "organization" in B.C. which includes a corporation, an unincorporated association, a trade union, a trust or not-for-profit organization and an individual acting in the capacity of an organization but not in a personal capacity.
The Information and Privacy Commissioner for BC has oversight authority. Individuals may make complaint to the Commissioner about an act or omission of an organization, or a request for a review by the Commissioner of a decision made by an organization.
The Commissioner has a broad range of investigatory, audit and enforcement powers which she can initiate with or without a complaint being received.
- Canadian Charter of Rights and FreedomsCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
- Privacy Act (Canada)
- Access to Information ActAccess to Information ActAccess to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
- Personal Information Protection and Electronic Documents ActPersonal Information Protection and Electronic Documents ActThe Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to...
(PIPEDA) - Personal Information Protection Act (PIPA)
Evolution of Canadian privacy law
Canadian privacy lawPrivacy law
Privacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use....
has evolved over time into what it is today. The first instance of a formal law came when, in response to international pressure, the Canadian government introduced data protection provisions into the Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
. Subsequently, the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
outlined that everyone has "the right to life, liberty and security of the person" and "the right to be free from unreasonable search or seizure", but never mentioned directly the concept of privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
.
Privacy Act
The next act of the Canadian parliament was to enact the federal Privacy Act. This Act regulates how federal government institutions collect, use and disclose personal information. It also provides individuals with a right of access to information held about them by the federal government, and a right to request correction of any erroneous information.Privacy Commissioner
The Canadian privacy commissioner is an Officer of Parliament, whose role is defined in the federal Privacy Act (Canada). The responsibilities of the privacy commissioner includes supervising the application of the federal Privacy Act itself.Under the Privacy Act, the Privacy Commissioner of Canada
Privacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
has powers to audit federal government institutions to ensure their compliance with the act, and is obliged to investigate complaints by individuals about breaches of the act. The federal Privacy Act and its equivalent legislation in most provinces are the expression of internationally accepted principles known as "fair information practices." As a last resort, the Privacy Commissioner of Canada
Privacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
does have the "power of embarrassment", which can be used in the hopes that the party being embarrassed will rectify the problem under public scrutiny
Although the office of the commissioner has no mandate to conduct extensive research and education under the current Privacy Act, the Privacy Commissioner of Canada
Privacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
(2000, Bruce Phillips) believed that they had become a leading educator in Canada on the issue of privacy.
Access to Information Act
After the Privacy Act was enacted, the next major change to the Canadian privacy laws came in the form of the Access to Information ActAccess to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
. It was enacted in 1985, and complemented the Privacy Act. The main purposes of the Access to Information Act were to provide citizens with the right of access to information under the control of governmental institutions. The act limits access to personal information under specific circumstances.
Freedom of Information Act
The Freedom of Information Act was enacted in 1996, and expanded upon the combination of the Privacy Act and Access to Information Act. It was designed to make governmental institutions more accountable to the public, and to protect individual privacy by giving the public right of access to records, as well as giving individuals right of access to and a right to request correction of personal information about themselves. It also specifies limits to the rights of access given to individuals, prevents the unauthorized collection, use or disclosure of personal information by public bodies, and redefines the role of the Privacy Commissioner of CanadaPrivacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
.
Personal Information Protection and Electronic Documents Act (PIPEDA)
The Personal Information Protection and Electronic Documents ActPersonal Information Protection and Electronic Documents Act
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to...
(abbreviated PIPEDA or PIPED Act) is a federal Canadian law on the topic of data privacy. It governs how private-sector companies can collect, use and disclose personal information. The Act also contains various provisions to facilitate the use of electronic documents. PIPEDA was passed in the late 1990s to promote consumer trust in electronic commerce, as well as was intended to assure other governments that Canadian privacy laws were strong enough to protect the personal information of citizens of other nationalities.
PIPEDA includes and creates provisions of the Canadian Standards Association's Model Code for the Protection of Personal Information, developed in 1995.
In PIPEDA, "Personal Information" is specified as information about an identifiable individual, that does not include the name, title or business address or telephone number of an employee of an organization.
Personal Information Protection Act (PIPA)
Enacted on Jan 1, 2004.PIPA requires all private sector organizations in British Columbia to comply with rules respecting:
- What personal information can be collected from individuals (including customers, clients and employees);
- When consent is required to collect personal information and how consent is obtained;
- What notice must be provided before personal information is collected, and
- How personal information may be used or disclosed;
- The purposes for which personal information may be collected, used or disclosed by the organization;
- How an individual may get access to and request correction of his or her personal information held by the organization;
- The type of security measures which must be applied to protect personal information in the custody or under the control of the organization from risk; and
- How long the personal information may be retained by the organization.
There are specific rules for collecting, using and disclosing personal information for research and in the course of a business transaction.
The PIPA applies to an "organization" in B.C. which includes a corporation, an unincorporated association, a trade union, a trust or not-for-profit organization and an individual acting in the capacity of an organization but not in a personal capacity.
The Information and Privacy Commissioner for BC has oversight authority. Individuals may make complaint to the Commissioner about an act or omission of an organization, or a request for a review by the Commissioner of a decision made by an organization.
The Commissioner has a broad range of investigatory, audit and enforcement powers which she can initiate with or without a complaint being received.
- Alberta has also enacted similar legislation, which is overseen by the Information and Privacy Commissioner of Alberta.
Notable Differences between PIPEDA and PIPA (British Columbia)
- PIPEDA is federal legislation, whereas PIPA is provincial.
- PIPA applies to both traditional and not for profit companies, whereas PIPEDA only applies to traditional.
- PIPA makes specific mention of employee information, where PIPEDA omits it.
- PIPA is able to enforce its policies by levying fines, whereas PIPEDA has no enforcement mechanisms.
See also
- Privacy lawPrivacy lawPrivacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use....
- Information Privacy LawsInformation Privacy LawsInformation privacy laws cover the protection of information on private individuals from intentional or unintentional disclosure or misuse. The European Directive on Protection of Personal Data, released on July 25, 1995 was an attempt to unify the laws on data protection within the European...
- Law in Canada
- Office of the Privacy Commissioner of Canada - Our Top Ten list of Privacy Act fixes