2004-06-16

Atlas, Adam N. The Impact of PIPEDA. Globetechnology. June 2, 2004.

Good article on a new Canadian privacy law called the "Personal Information Protection and Electronic Documents Act" (PIPEDA) which went into effect on Jan. 1, 2004 and applies to all businesses and individuals in Canada. Essentially all personal information concerning Canadian or US citizens is protected under the Act. "... PIPEDA prohibits the collection, storage and disclosure of 'personal information' without the appropriate express or implicit consent from the individual concerned. Personal information is any factual or subjective information, recorded or not, about an identifiable individual. Privacy law in the U.S. is not as evolved as it is in Canada or the EU. Personal health information in the U.S. receives protections similar to those under PIPEDA under the U.S. Federal Health Insurance Portability and Accountability Act (HIPAA). In the financial services sector businesses are required to maintain privacy policies (as is the case with PIPEDA), under the U.S. Federal Gramm-Leach-Bliley Act. Where a U.S. business is found to be in violation of its published privacy policy, it can be liable for unfair or deceptive acts or practices in the marketplace under the U.S. Federal Trade Commission Act, the US equivalent of our Competition Act (Canada)."