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Textbook Summary - Canadian Privacy, Data Protection Law and Policy for the Practitioner

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Certified Information Privacy Professional Canada

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Canadian Privacy

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CANADIAN PRIVACY
Data protection law and policy for the practitioner

CHAPTER 1 – PRIVACY BASICS

Classes of privacy

Information privacy Information about people
Personal privacy Physical bodies
Territorial privacy Physical place

Perspectives of privacy

Privacy from state Living your life without government knowledge
Privacy from people Living your life without others knowledge
Privacy from organizations Organizations collecting using and disclosing your info

Canadian legal system

1 The privacy commissioner is an officer of parliament (not admin tribunal)
2 The privacy commissioner is accountable directly to the legislature
3 The privacy commissioner is part of parliaments oversight of executive branch
4 The privacy commissioner’s decisions are reviewable as government action
5 The federal government regulates privacy under trade and commerce
6 The provinces regulate privacy under property and civil rights
7 There is no supreme court of Canada common law on privacy tort.
8 There is some caselaw saying section 7 is a source of privacy

Key concepts

Personal information In both federal acts its “information about an identifiable
individual”. That includes biometrics and voiceprints. It can
include IP addresses or tracking information when it can be
linked to individuals. Under the Privacy Act it includes
opinions about someone. Some courts have said “about”
an individual is narrower than “related” to an individual. The
federal court has said information is “about” an individual if
there is a serious possibility it could identify them alone or
through linkage.

,Employee information It’s unclear whether PIPEDA protects work product
information. It doesn’t distinguish between employee and
work product information. The Privacy Act carves out some
work product information.

Public information The Privacy Act regulates collection of public information
but allows the government to use and disclose it freely.
PIPEDA allows the private sector to collect use and
disclose certain categories of public information freely. It
has to be publicly available and specified in the
regulations. Otherwise they need still need consent.

Sensitive information The definition of personal information does not consider
the sensitivity of the information. Some judges and
commissioners have argued only private or sensitive
information about people should be protected.

Privacy principles Fundamental privacy principles underly all modern privacy
regimes. In 1981 the OECD published 8 privacy principles.
In 1996 the Canadian Standards Association broke them
into 10 principles which were incorporated into PIPEDA. It
called them the Model Code for Protection of Personal
Information. The code was designed to individual privacy
interests with legitimate business interests.

, CHAPTER 2
PRIVATE SECTOR

Additional comments on principles

Consent The principle is flexible. When information is sensitive you need
explicit and documented consent. When information is innocuous
and the collection purpose is straightforward, you can rely on
implied consent. Opt-out options are permitted.

Limit UDR You must retain personal information you’ve used to make
decisions about people long enough for them to access it
afterwards. Certain types of information may be subject to certain
retention periods under different laws.

Accuracy The idea behind this principle is to avoid inappropriate decisions
or bad consequences from incorrect information.

Safeguards You must remain diligent about technological advancements. You
must create formal practices to keep information safe
commensurate with its sensitivity (often called “data
classification”). Sensitive personal information stored on mobile
devices or sent across public wireless networks must be
encrypted.

Openness You must include the responsible person, how people get access,
the type of information you hold and generally how you use it, and
what you give to related organizations like subsidiaries.

PIPEDA

Federal works PIPEDA applies to employees of organizations connected
to or operating as federal works and undertakings. That
includes any work or undertaking under legislative control
of Parliament. Think telecommunications, broadcasting,
banks and airlines. If they’re subject to the Canada Labor
Code, it’s probably a federal work or undertaking.

Substantially similar BC PIPA; AB PIPA; QB ACT; ON PHIPA; NB PHIPPA;
NF PHIA; NS PHIA.

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