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LAW 525 (115)
Gil Lan (12)
Lecture 10

Law 525 Lecture 10.docx

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Department
Law and Business
Course
LAW 525
Professor
Gil Lan
Semester
Winter

Description
Law 525 Lecture 10 Personal Information Protection and Electronic Data Act (PIPEDA) • Schedule also in the consumer product safety act (listing which ones are banned and which are restricted) • In this legislation, started as a volunteer standard and became a law • That standard is located in Schedule 1 • Why is it needed • Convergence of computer processing capability plus internet has allowed collection, use and sharing of personal information in a way never possible before, raising the possibility that businesses can develop detailed profiles of individuals and target their commercial activities based on these profiles. • Examples: prescription or subscription or banking information about individuals leading to unwanted and intrusive solicitations • Businesses must obtain an individual’s consent when they collect, use or disclose an individual’s personal information (PI) (business can collect any personal information, but only when we give them the right individually give the right) • Individuals have the right to access PI held by a business and to challenge its accuracy • PI can only be used for purposes for which it was collected (cannot sell info obtained to another business unless explicitly stated and agreed upon) • Businesses must ensure that PI is properly protected (must encrypted with latest info) • Does not have an obligation to report PIPEDAAPPLICATION • applies to collection, use or disclosure of personal information (PI) in course of any commercial activity (s. 4), except where province has passed “substantially similar" legislation (s. 26(2)) • “commercial activity” – any transaction of a commercial character, including selling, bartering, leasing of PI (s. 2(1)) • does not apply to uses of personal information that are not "commercial" in nature. • does not apply to collection, use and disclosure of PI by an individual for "personal or domestic purposes" or for "journalistic, artistic, or literary purposes“ (s. 4) • Does not apply to PI held by the public sector • Does not apply to employee info except federally regulated undertakings (telecommunication, airlines, banks) (don’t care about it in this course employee business relationship) • Provincial valid under 92 (13) contistution act 1867 • Federal valid under section 91 (2) constitution act 1867 gm case • Concurrent constitutional authority (both province and federal have power) PIPEDA Implementation • An individual can complain to business, or to Office of Privacy Commissioner of Canada about alleged breaches (Division 2) • After receiving the report of the Commissioner, complainant can apply to federal court for hearing. Court can order business to change its practices and/or award damages • Commissioner can also initiate a complaint • Commissioner can also apply to court on complainant’s behalf • Must go back and work out with business, can complain to piracy commissioner and make a report PIPEDA Offences • S. 28. Every person who knowingly contravenes ss. 8(8) or 27.1(1) or who obstructs the Commissioner…is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 or an indictable offence and liable to a fine not exceeding $100,000. • True crime offense • Section 8(8) • ….an organization that has personal information that is the subject of a request shall retain the information for as long as is necessary to allow the individual to exhaust any recourse under this Part that they may have.(offense cannot destroy info on subject of request) • Section 27.1 (1) • S. 27.1(1) No employer shall dismiss…..an employee by reason that the employee: • …has disclosed to the Commissioner that the employer ….has contravened….a provision of Division 1; • or the emp
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