Canada Personal Information Protection And Electronic Documents Act

This text introduces Canada's PIPEDA legislation and its application in the workplace, health care, criminal justice, and the marketplace. Noteworthy developments include the latest decisions of the courts and the Privacy Commissioner of Canada, an increasing concern about data breaches, limitations placed on the Privacy Commissioner by the Supreme Court of Canada, further developments in respect of North American cross-border privacy protection, and forecasted legislative amendments.

The "Personal Information Protection and Electronic Documents Act" was approved by the House of Commons in April 2000 and took initial effect on January 1, 2001. The Act applies to any organization that collects, uses or discloses personal information in the course of commercial activity. Within four years, it will apply to the entire private sector in Canada (except Quebec), unless the provinces and territories enact equivalent legislation. The Act is primarily designed to support and promote electronic commerce by protecting personal information that is collected, used, or disclosed in certain circumstances. It gives the force of law to the CSA Model Code for the Protection of Personal Information that representatives of business, government, and interest groups developed between 1992 and 1995. Parts 2-5 of the Act provide for the federal government to approve the use of electronic means for companies and individuals to communicate or record information or transactions electronically in the form of digital signatures and include amendments to the "Canada Evidence Act," the "Statutory Instruments Act," and the "Statute Revision Act." This book offers complete analysis of every provision in the Act. It also includes the CSA Model Code; detailed discussion of critical privacy issues; frequently asked questions; Privacy Impact Assessment guidelines; sample privacy policies; reproduction of the entire Act; and reproduction of European and OECD data protection initiatives.

This Quick Reference explains employer requirements under the Canada Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA applies to organizations that collect, use or disclose personal information within a province or territory unless that province or territory has passed a law similar to the provisions of this Act. The authors have described the overall requirements of PIPEDA, plus its real and potential impact.