How does personal information need to be managed and protected in the Canadian private sector?

This guide describes the federal régime of rules and best practices for the collection, use and disclosure of such information as set out in the first part of the Personal Information Protection and Electronic Documents Act. It also includes commentary on the second part of the Act, which provides a framework for the adoption of electronic alternatives where federal laws contemplate paper evidence to communicate or record information, to reflect the signing of a document, or to record official acts.

Features

• Expert commentary on the:
  • Structure, background and purpose of the Act
  • Application of the Act
  • Obligations of organizations under the Act
  • Complaint, investigation, audit and enforcement processes under the Act
• Full text of the Act and the Regulations

• Description of the effect of the amendments to the Act that would come about upon the enactment of Bill C-12, implementing the recommendations that came out of the first mandated review of the Act, and upon the implementation of the recently enacted anti-spam legislation
• Elaboration of the statutory limitations upon:
  • Social media background checks of individuals
  • On-line behavioural advertising
  • The reliance by Facebook upon deemed consent, through a negative option, to the use of personal information to gain new members through its friend suggestion feature
• Discussion of recent decisions and findings under the Act, or under similar provincial legislation, to the effect that:
  • When a defendant driver retains a private investigator, at the suggestion of his insurer, and the investigator proceeds to collect personal information about the plaintiff, for the purposes of the litigation, no commercial activity, to which the Act might apply, is involved (State Farm Mutual Automobile Insurance Co. v. Canada (Privacy Commissioner) (2010), 376 F.T.R. 59 (F.C.))
  • A merchant can insist upon taking down a driver's licence number and a vehicle licence number to confirm the identity of someone picking up pre-ordered merchandise since a vehicle licence number is information about property, rather than personal information, and a driver's licence number, although personal information, is collected for a reasonable purpose in these circumstances as a precaution to prevent fraud (Leon's Furniture Limited v. Alberta (Information and Privacy Commissioner) (2011) 9 W.W.R. 668 (Alta. C.A.))
  • The Act precludes a mortgagee from providing a mortgage statement, showing the amount due on an individual's mortgage, to the mortgagor's judgment creditor, without the consent of the mortgagor, with the result that the creditor can be severely limited in his ability to execute on the judgment debt (Citi Cards Canada Inc. v. Pleasance (2011), 328 D.L.R. (4th) 707 (Ont. C.A.))
  • A home insurer can require an individual to consent to the collection of his credit score for use in underwriting his insurance policy, provided that this purpose has been fully disclosed to the individual (Economical Mutual Insurance Company, [2011] B.C.I.P.C.D. No. 16)
  • The Act should be taken as indicating that an individual doesn't have a reasonable expectation of privacy in respect of the information that identifies him with a particular Internet protocol address with the result that his Internet service provider is entitled to disclose that information, without being served with a warrant, to a police officer who has requested the information in connection with an investigation into child exploitation through the Internet (R. v. Ward, 2012 ONCA 660 (Ont. C.A.))

• Organizations that deal with personal information, including financial institutions, professional firms, private health care providers, private educational institutions, private investigators, consumer reporting agencies and all manner of businesses that have occasion to handle personal information
• Service providers to such organizations, including privacy, security and information management consultants and data processors
• Compliance and privacy officers and information managers
• Legal practitioners, including privacy lawyers, corporate and commercial lawyers, IP lawyers, health lawyers, litigators, and corporate counsel
• Individuals who want to:
  • Ensure the protection and appropriate use of their personal information that is collected or generated in connection with the purchase of goods or services, employment or any other activity
  • Gain access to, and ensure the accuracy of, such information
  
  
  Billing Method: Biennial - Standing Order Terms Apply