Adam Kardash, Brandon Kerstens
May 18, 2017
Businesses that engage in the collection, use, disclosure and management of personal information in Canada need to be cognizant of the regulatory framework governing the privacy landscape in order to stay compliant. The data protection regime in Canada is governed by the following four private sector privacy statutes: (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) Québec’s An Act Respecting the Protection of Personal Information in the Private Sector (collectively, Canadian Privacy Statutes). While PIPEDA governs the inter-provincial and international collection, use and disclosure of personal information, it also applies to organizations that collect, use and disclose personal information during a commercial activity that takes place within a province. In addition to these four statutes, Canada has also enacted anti-spam legislation (CASL).
Effectively navigating this regulatory system is crucial for companies to maintain legislative compliance with respect to the Canadian Privacy Statutes. In their Canada chapter in The International Comparative Legal Guide to Data Protection 2017, Adam Kardash and Brandon Kerstens deliver a detailed overview and insight into developing trends and hot topics regarding data protection.
This chapter provides practical cross-border insight into data protection law including the following topics:
- key definitions used in relevant legislation
- key principles and individual rights that apply to processing personal data
- registration formalities and prior approval
- appointment of a Data Protection Officer
- marketing and cookies
- restrictions on international data transfers
- whistleblower hotlines
- CCTV and employee monitoring
- processing data in the cloud
- data security and data breach
- enforcement and sanctions
- e-discovery/disclosure to foreign law enforcement agencies
DOWNLOAD PDF: Data Protection in Canada 2017
This article appeared in the 2017 edition of The International Comparative Legal Guide to: Data Protection published by Global Legal Group Ltd, London.