Personal Information Protection and Electronic Documents Act (PIPEDA)

• April 13, 2000: PIPEDA received Royal Assent.
• January 1, 2001: PIPEDA Part 1 came into effect, applying to federally regulated organizations.
• January 1, 2004: PIPEDA became fully enforceable for all private-sector organizations engaged in commercial activities in Canada.
• August 19, 2024: Latest amendments implemented, strengthening data breach notification requirements.

• Private sector organizations conducting commercial activities in Canada.
• Organizations handling personal information that crosses provincial or national borders.
• Federally regulated businesses, such as banks, airlines, and telecommunications companies.

• Provincial Laws: Organizations in provinces with substantially similar privacy legislation, such as British Columbia, Alberta, and Quebec.
• Personal Use: Personal data collected for non-commercial purposes, such as personal correspondence.
• Journalistic, Artistic, or Literary Purposes: Certain exemptions apply to uphold freedom of expression.

Under PIPEDA, businesses must comply with the 10 Fair Information Principles:

• Accountability: Assign a privacy officer to oversee compliance with PIPEDA.
• Identifying Purposes: Clearly identify the reasons for data collection at or before the time of collection.
• Consent: Obtain informed and valid consent for the collection, use, or disclosure of personal data.
• Limiting Collection: Limit data collection to what is necessary for the identified purposes.
• Limiting Use, Disclosure, and Retention: Use, disclose, and retain personal data only as needed for specified purposes.
• Accuracy: Ensure personal data is accurate, complete, and up-to-date as necessary.
• Safeguards: Protect personal data through appropriate security measures.
• Openness: Be transparent about privacy policies and practices.
• Individual Access: Provide individuals with access to their personal data and allow them to request corrections.
• Challenging Compliance: Establish procedures for addressing complaints and questions regarding privacy compliance.

Additionally:

• Transparency: Maintain accessible and clear privacy policies.
• Security Safeguards: Protect personal data against loss, theft, and unauthorized access.
• Access and Correction: Allow individuals to access and correct their personal data.

• Cookie Consent: Inform users about cookies and obtain their consent where required.
• Privacy Policies: Publish user-friendly privacy policies.
• Data Breach Notification: Notify affected individuals and the Office of the Privacy Commissioner of Canada in the event of a breach posing a real risk of significant harm.

• Retention and Disposal: Retain personal data only as long as necessary and securely dispose of it.
• Cross-Border Transfers: Ensure adequate protection for personal data transferred internationally.
• Breach Reporting: Report data breaches to the Office of the Privacy Commissioner of Canada without unreasonable delay.

• Access: Request access to personal data.
• Correction: Request correction of inaccurate or incomplete data.
• Withdrawal of Consent: Withdraw consent for future data use.
• Complaints: File complaints with the Office of the Privacy Commissioner of Canada regarding potential violations of PIPEDA.

• Overseen by the Office of the Privacy Commissioner of Canada.
• Penalties: Fines of up to CAD $100,000 for organizations (approximately USD $74,000).