Personal Information Protection and Electronic Documents Act | |
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Parliament of Canada | |
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Citation | S.C. 2000, c. 5[1] |
Enacted by | Parliament of Canada |
Assented to | 13 April 2000 |
Commenced | Section 1 in force 13 April 2000; Parts 2, 3 and 4 in force 1 May 2000; Part 1 in force 1 January 2001; Part 5 in force 1 June 2009 |
Legislative history | |
Bill title | 36th Parliament, Bill C-6 |
Introduced by | John Manley, Minister of Industry |
The Personal Information Protection and Electronic Documents Act (PIPEDA; French: Loi sur la protection des renseignements personnels et les documents électroniques) is a Canadian law relating to data privacy.[2] It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the Act ("Protection of Personal Information in the Private Sector") must be reviewed by Parliament every five years.[3] The first Parliamentary review occurred in 2007.[4]
PIPEDA incorporates and makes mandatory provisions of the Canadian Standards Association's Model Code for the Protection of Personal Information, developed in 1995. However, there are a number of exceptions to the Code where information can be collected, used and disclosed without the consent of the individual. Examples include reasons of national security, international affairs, and emergencies. Under the Act, personal information can also be disclosed without knowledge or consent to investigations related to law enforcement, whether federal, provincial or foreign.[5] There are also exceptions to the general rule that an individual shall be given access to his or her personal information. Exceptions may include information that would likely reveal personal information about a third party, information that cannot be disclosed for certain legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client privilege.[6]