What is PIPEDA (Personal Information Protection and Electronic Documents Act)?

What is PIPEDA (Personal Information Protection and Electronic Documents Act)?

Table of contents

  1. An overview of PIPEDA
  2. How has PIPEDA been implemented?
  3. What are the ten principles of PIPEDA?
  4. Who is subject to PIPEDA compliance?
  5. Who isn’t subject to PIPEDA compliance?
  6. What is personal information under PIPEDA?
  7. What isn’t personal information under PIPEDA?
  8. What are the data breach notification requirements of PIPEDA?
  9. How UpGuard can prevent data breaches and data leaks

1. An overview of PIPEDA

  • Ask why an organization is collecting, using or disclosing their personally identifiable information (PII)
  • Expect organizations to only collect, use or disclose personal data reasonably and appropriately
  • Expect organizations will not use collected information for any purpose other than that which they have consented
  • Know who in the organization is responsible for protecting their personal information
  • Expect organizations to protect their personal information by taking appropriate security measures, e.g.automated vendor risk scoring
  • Expect organizations to keep personal information accurate, complete and up-to-date
  • Obtain access to their personal information and ask for corrections if necessary
  • Complain about how an organization handles their personal information if they feel their privacy rights have not been respected
  • Obtain an individual’s consent to collect, use or disclose personal information
  • Supply an individual with a product or a service even if they refuse consent for the collection, use or disclosure of your personal information unless the information is essential to the transaction
  • Collect information by fair and lawful means
  • Have personal information policies that are clear, understandable and readily available

2. How has PIPEDA been implemented?

  1. An Act Respecting the Protection of Personal Information in the Private Sector(Quebec)
  2. The Personal Information Protection Act(British Columbia)
  3. The Personal Information Protection Act(Alberta)
  4. The Personal Health Information Protection Act(Ontario)
  5. The Personal Health Information Privacy and Access Act(New Brunswick)
  6. The Personal Health Information Act(Newfoundland and Labrador)
  7. The Personal Health Information Act(Nova Scotia)

3. What are the ten principles of PIPEDA?

  1. Accountability:An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance including information that has been transferred to a third-party vendor for processing.
  2. Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
  3. Consent: The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.
  4. Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
  5. Limiting Use, Disclosure and Retention: Personal information shall 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. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.
  6. Accuracy: Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
  7. Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
  8. Openness:An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
  9. Individual Access: Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
  10. Challenging Compliance: An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization’s compliance.

4. Who is subject to PIPEDA compliance?

5. Who isn’t subject to PIPEDA compliance?

6. What is personal information under PIPEDA?

  • Name
  • Age
  • ID number
  • Income
  • Financial information
  • Race
  • Nationality
  • Ethnic origin
  • Marital status
  • Blood type
  • Medical history
  • Educational history
  • Employment history
  • DNA
  • Social insurance number
  • Driver’s license
  • Opinions
  • Evaluations
  • Comments
  • Social status
  • Disciplinary actions
  • Employee files
  • Credit records
  • Loan records
  • Medical records and other protected health information (PHI)
  • Existence of a dispute between a consumer and a merchant
  • Intentions

7. What isn’t personal information under PIPEDA?

  • Information that is not about an individual, because the connection with a person is too weak or far-removed (for example, a postal code on its own which covers a wide area with many homes).
  • Information about an organization such as a business.
  • Information that has been rendered anonymous, as long as it is not possible to link that data back to an identifiable person.
  • Certain information about public servants such as their name, position and title.
  • A person’s business contact information such as an employee’s name, title, business address, telephone number or email address that an organization collects, uses or discloses for the sole purpose of communicating with that person in relation to their employment, business or profession.
  • Government information. Occasionally people contact the government for access to government information. This is different from personal information.
  • Personal information handled by federal government organizations listed under the Privacy Act.

8. What are the data breach notification requirements of PIPEDA?

9. How UpGuard can prevent data breaches and data leaks

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