The Personal Information Protection and Electronic Documents Act (PIPEDA) is a Canadian federal law enacted in April 2000, designed to govern the collection, use, and disclosure of personal information in the course of commercial activities across Canada, except in provinces that have adopted equivalent privacy laws. PIPEDA applies to personal information collected, used, or disclosed in the course of commercial activities by federal works, undertakings, or businesses, as well as to private-sector organizations across Canada when engaging in commercial activities, except in provinces with their own privacy laws deemed substantially similar to PIPEDA, such as Alberta, British Columbia, and Quebec.

The core of PIPEDA is based on the Canadian Standards Association's Model Code for the Protection of Personal Information, which is incorporated into the Act. It outlines ten principles of fair information practices, which form the basis of the law:

Accountability: Organizations are responsible for personal information under their control and must designate an individual or individuals accountable for compliance with PIPEDA. Identifying Purposes: The purposes for which personal information is collected must be identified by the organization at or before the time of collection.

Consent: The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate. Limiting Collection: The collection of personal information must be limited to that which is necessary for the purposes identified by the organization. Information must be collected by fair and lawful means.

Limiting Use, Disclosure, and Retention: Personal information must not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Information must be retained only as long as necessary for the fulfillment of those purposes.

Accuracy: Personal information must be as accurate, complete, and up-to-date as necessary for the purposes for which it is to be used. Safeguards: Personal information must be protected by appropriate security safeguards relative to the sensitivity of the information.

Openness: Organizations must make readily available to individuals specific information about their policies and practices relating to the management of personal information. Individual Access: Upon request, an individual must be informed of the existence, use, and disclosure of their personal information and be given access to it. Individuals should be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Challenging Compliance:An individual should be able to challenge an organization's compliance with the above principles to the designated individual or individuals accountable within the organization.

PIPEDA is enforced by the Privacy Commissioner of Canada, who has the authority to investigate complaints, conduct audits, and pursue court action to enforce the Act. The legislation reflects Canada's commitment to protecting personal information and facilitating trust in electronic commerce.

Frequently Asked Questions