Author(s):
Adam Kardash, Bridget McIlveen
October 2015
There are four private sector privacy statutes that govern the collection, use, disclosure and management of personal information in Canada: (i) the Federal Personal Information Protection and Electronic Documents Act, (PIPEDA); (ii) Alberta’s Personal Information Protection Act; (iii) British Columbia’s Personal Information Protection Act; and (iv) Quebec’s An act respecting the protection of personal information in the private sector. PIPEDA governs the inter-provincial and international collection, use, and disclosure of personal information. PIPEDA also applies to organizations that collect, use, and disclose personal information in the course of a commercial activity which takes place within a province. PIPEDA does not apply where a province has enacted “substantially similar” legislation (Alberta, British Columbia and Quebec). Canada has also enacted anti-spam legislation or CASL.
In the Canada chapter of The International Comparative Legal Guide to Data Protection 2015, Adam Kardash and Bridget McIlveen provide a thorough overview, insight into the developing trends and hot topics in the area of data protection. The chapter examines Canada’s principal data protection legislation, key principles that apply to processing personal data, individual rights, the responsibilities of the Data Protection Officer and enforcement and sanctions.
From the introduction of the four private sector privacy statutes that govern the collection and management of personal information in Canada to how companies within Canada respond to foreign e-discovery requests, or requests for disclosure from foreign law enforcement agencies, this chapter provides a solid foundation and a practical cross-border insight into data protection law. The chapter closes with comments on the hot topics currently in focus on the part of data protection regulators. Additional themes covered in the chapter include:
- Key definitions used in relevant legislation
- Registration formalities and prior approval
- Marketing and cookies
- Whistleblower hotlines
- CCTV and employee monitoring
- Processing data in the cloud
- Big data and analytics
DOWNLOAD PDF: The International Comparative Legal Guide to: Data Protection 2015 - 2nd Edition
This chapter originally appeared in the 2nd edition of The International Comparative Legal Guide to Data Protection 2015 published by Global Legal Group.