PIPEDA
Personal Information Protection and Electronic Documents Act
Canada's federal private-sector privacy law, built around ten fair information principles and overseen by the Office of the Privacy Commissioner.
In force: Enacted 2000 and phased in from 2001; mandatory breach reporting since November 2018
Who it applies to
Private-sector organisations that collect, use or disclose personal information in commercial activity, except within provinces with substantially similar laws (such as Quebec, Alberta and British Columbia) for intra-provincial activity; also federally regulated businesses.
Key requirements
- Accountability, including a designated person responsible for compliance.
- Identify purposes and obtain meaningful consent.
- Limit collection, use, disclosure and retention.
- Safeguards appropriate to the sensitivity of the information.
- Openness, individual access and the ability to challenge compliance.
- Keep records of every breach of security safeguards.
Breach and incident notification
Breaches of security safeguards that create a real risk of significant harm are reported to the Privacy Commissioner and notified to affected individuals as soon as feasible. Records of all breaches are kept for 24 months.
Penalties
Fines of up to CAD 100,000 per violation for knowingly failing to report breaches, notify individuals or keep breach records.
Related frameworks
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Official source
Office of the Privacy Commissioner of Canada: PIPEDANot legal advice
This is a study summary, not legal advice. Laws and their guidance change, and obligations depend on your facts and jurisdiction. Check the official source and the current, dated text, and consult a qualified lawyer before acting.
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