There is a variety of privacy laws that apply in Canada. Which law applies depends on the nature of the organization handing the personal information, where the organization is based, what type of information is involved and whether the information crosses provincial or national borders. SEE APPENDIX A.
When considering if information falls under the definition of personal information, the following are factors that are often not considered:
- Whether the information is private
- Whether the information is publicly known
- Whether the information is publicly shared
- Whether the individual has an expectation of privacy
Learn More:
Federal Legislation
Privacy Act
The Privacy Act applies in situations where the federal government is handling an individual’s personal information.
This legislation deals with how the government collects, uses and stores personal information.
This legislation also deals with how an individual could access and correct their personal information which is in the hands of the government.
PIPEDA
With some exceptions, the Personal Information Protection and Electronic Documents Act (PIPEDA) applies in situations where a private sector organization, which is engaged in commercial, for profit behavior, handles an individual’s personal information.
If a province has created legislation that is substantially similar to PIPEDA, and the personal information is not crossing provincial or federal borders, then that provincial legislation applies over PIPEDA. The provinces which have created substantially similar legislation to PIPEDA are Alberta, British Columbia, and Quebec.
PIPEDA also applies to the personal information of employees working in federally regulated jobs.
In most situations, PIPEDA does not apply to not-for-profit groups, charities, political parties and associations.
Learn More:
Provincial Public Sector
Health Setting
The following information applies to how an individual’s personal health information is collected, used and disclosed.
The legislation that applies to the personal health information of individuals is PIPEDA. If a province has created legislation that is substantially similar to PIPEDA with regards to the use, collection and disclosure of personal health information, then that provincial legislation applies over PIPEDA.
The provinces which have created substantially similar legislation to PIPEDA regarding personal health information are, Ontario, New Brunswick, Nova Scotia, and Newfoundland and Labrador.
Learn More:
Employee Information
Public Sector Workplace
Federal public sector workplaces must comply with the federal public sector privacy statute, the Privacy Act. Provincial public sector workplaces must comply with the relevant provincial public sector statute.
Private Sector Workplace
PIPEDA applies to workplaces of “federal works, undertakings or businesses” such as airlines, telecommunications and charted banks.
Provincially regulated workplaces, in every province other than BC, Alberta and Quebec, are not governed by privacy legislation. PIPEDA does not govern the remaining provinces.
Learn More:
What Laws Apply to how the Government Handles Personal Information?
Disclaimer: This is a simplified breakdown of the legislation that applies. If you have a privacy concern, contact a qualified privacy lawyer.
Learn More:
What Laws Apply to How Personal Health Information is Handled
Disclaimer: This is a simplified breakdown of the legislation that applies. If you have a privacy concern, contact a qualified privacy lawyer.
Learn More:
Other provincial laws that may apply
What Laws Apply to How Businesses Handle Personal Information
Disclaimer: This is a simplified breakdown of the legislation that applies. If you have a privacy concern, contact a qualified privacy lawyer.