PIPEDA


Jurisdiction of this law:
Canada

Type of Rule:
Law

Popular name:
PIPEDA

Official name:
The Personal Information Protection and Electronic Documents Act

Other names:
Canada PIPEDA

For more information:
Text of the act:
 http://laws.justice.gc.ca/en/showtdm/cs/P-8.6

Compliance guidance:
 http://e-com.ic.gc.ca/epic/site/ecic-ceac.nsf/en/h_gv00045e.html

Information from the Office of the Privacy Commissioner of Canada:
 http://www.privcom.gc.ca/legislation/02_06_01_e.asp



Description:
The Personal Information Protection and Electronic Documents Act is a Canadian law designed to ensure that personal information collected by businesses will be kept secure and will only be collected, used and given out under a strict set of circumstances. The Act, based on ten privacy principles developed by the Canadian Standards Association.

Following are summaries of these ten principles. Read Section 4 of the act for an easy-to-understand discussion of each principle and the legal requirements coming out of each principle.

1. 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 with the following principles.

2. The purposes for which personal information is collected shall beentified by the organization at or before the time the information is collected.

3. The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.

4. The collection of personal information shall be limited to that which is necessary for the purposesentified by the organization. Information shall be collected by fair and lawful means.

5. 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. 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. Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

8. An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

9. 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. 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.


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