PIPEDA Compliance: What Every Canadian Business Needs to Know

Understanding PIPEDA

The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal privacy law governing how private-sector organizations collect, use, and disclose personal information in the course of commercial activity.

The 10 Fair Information Principles

PIPEDA is built on 10 principles:

1. Accountability — Organizations are responsible for personal information under their control.
2. Identifying Purposes — Purposes for collection must be identified at or before the time of collection.
3. Consent — Knowledge and consent are required for collection, use, or disclosure.
4. Limiting Collection — Collection must be limited to what is necessary.
5. Limiting Use, Disclosure, and Retention — Information shall not be used for purposes other than those stated.
6. Accuracy — Information must be accurate, complete, and up-to-date.
7. Safeguards — Security safeguards appropriate to the sensitivity of the information.
8. Openness — Information about policies and practices must be readily available.
9. Individual Access — Individuals have the right to access their information.
10. Challenging Compliance — Individuals can challenge an organization’s compliance.

Breach Notification Requirements

Organizations must report breaches that pose a real risk of significant harm to affected individuals and to the Office of the Privacy Commissioner of Canada.

Provincial Considerations

Alberta, British Columbia, and Quebec have their own substantially similar privacy legislation. Organizations must comply with applicable provincial laws as well.

Practical Steps

• Conduct a privacy impact assessment
• Implement data mapping and classification
• Develop and document privacy policies
• Train employees on privacy obligations
• Establish breach response procedures

How NeoCipher Helps

Our cybersecurity and compliance consulting services help Canadian organizations meet and exceed their privacy obligations.