All businesses that operate in Canada and handle personal information that crosses provincial or national borders in the course of commercial activities are subject to PIPEDA , regardless of the province or territory in which they are based (including provinces with substantially similar legislation).
Who does the PIPEDA apply to?
PIPEDA applies to organizations that collect, use or disclose personal information in the course of commercial activities. Commercial activity is the most important consideration in determining if the Act applies to the organization.
What provinces does PIPEDA apply to?
PIPEDA generally applies to personal information held by private sector organizations that are not federally-regulated, and conduct business in:
- Manitoba.
- New Brunswick.
- Newfoundland and Labrador.
- Northwest Territories.
- Nova Scotia.
- Nunavut.
- Ontario.
- Prince Edward Island.
Which organization is not subject to PIPEDA?
As discussed above, PIPEDA does not generally apply to charities and not-for-profits because most of the activities these groups regularly engage in do not qualify as “commercial activities.” Examples of activities that generally do not fall under the category of commercial activity include the collection of membership
Does PIPEDA apply outside of Canada?
PIPEDA applies to private-sector organizations across Canada that collect, use or disclose personal information. Although many sources suggest otherwise, the Canadian act also covers businesses operating outside Canada.
Does PIPEDA apply to all companies?
All businesses that operate in Canada and handle personal information that crosses provincial or national borders in the course of commercial activities are subject to PIPEDA , regardless of the province or territory in which they are based (including provinces with substantially similar legislation).
Does PIPEDA apply to small businesses?
PIPEDA applies to most businesses across Canada except in Quebec, BC and Alberta where they have their own private sector laws.
Does PIPEDA apply to ontario?
PIPEDA applies to most organizations and businesses in Ontario that are conducting “commercial activity,” with commercial activity being defined very broadly. The law affects the way organizations collect, use and disclose personal information about individuals.
Is PIPEDA mandatory?
Yes. Under PIPEDA it is an offence to knowingly contravene PIPEDA ‘s reporting, notification and record-keeping requirements relating to breaches of security safeguards, and doing so could lead to fines.
What is protected under PIPEDA?
The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy law for private-sector organizations. It sets out the ground rules for how businesses must handle personal information in the course of their commercial activity.
What is not considered protected personal information under PIPEDA?
Do not include any personal information, such as your name, social insurance number (SIN), home or business address or any case or files numbers. For more information about this tool, please refer to our terms and conditions of use.
What exceptions exist to PIPEDA?
Exemptions. PIPEDA only allows organizations to deny access to personal information in certain circumstances. Specifically, an organization is required to give access to personal information unless: Disclosure would reveal personal information about someone else (subsection 9(1)).
Which agencies are not covered by the Privacy Act?
The Privacy Act does not apply to: courts and tribunals when they are doing their judicial tasks. news media when they are gathering and reporting news.
Does PIPEDA apply to US companies?
PIPEDA law applies to most companies, though there are a few exceptions. Non-profit organizations, political parties, schools, and hospitals are exempt if they do not participate in commercial activities.
Does PIPEDA apply to EU companies?
There is no equivalent within the EU. PIPEDA does not apply to organizations that collect, use, or disclose personal information solely within a Canadian province that has enacted private sector privacy legislation which the federal government has deemed substantially similar to PIPEDA.
Does PIPEDA apply to social media?
The Personal Information Protection and Electronic Documents Act (PIPEDA) is responsible for protecting the personal data of social media users in Canada. However, it does not prohibit companies from transferring data to third parties or other jurisdictions.
Does the PIPEDA apply to employment practices in all organizations in Canada?
PIPEDA only applies to personal information of employees of, and applicants for employment with, federal works, undertakings or businesses.
Does PIPEDA apply to banks?
However, even in those provinces, PIPEDA still applies to: transactions involving personal information transferred across borders. federal works, undertakings or businesses ( FWUB s) such as banks, telecommunications and transportation companies.
Does PIPEDA apply to Google?
The Federal Court therefore determined that PIPEDA applies to Google’s search engine.
Does PIPEDA apply to commercial activity?
Paragraph 4(1)(a) of PIPEDA provides that PIPEDA applies to every organization in respect of personal information that the organization “collects, uses or discloses in the course of commercial activities.”
What are PIPEDA requirements?
PIPEDA requires individuals’ knowledge and consent in respect of every collection, use and disclosure of personal information covered by PIPEDA, unless an exception applies. An organization must identify and document the purposes for which it seeks to collect personal information at or before the time of collection.