Gavin Howe
Canada has two federal privacy laws enforced by the Office of the Privacy Commissioner of Canada: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Act covers how federal government institutions collect, use and disclose personal information, while PIPEDA governs how private-sector companies can collect, use and disclose personal information. Canada's privacy laws have evolved over time, with the first instance of a formal law being introduced in 1977 when the Canadian government included data protection provisions in the Canadian Human Rights Act. In 2020, Canada's federal Minister of Innovation, Science and Industry submitted Bill C-11, which, if passed, would replace PIPEDA with the Consumer Privacy Protection Act (CPPA).
| Characteristics | Values |
|---|---|
| Number of federal privacy laws | 2 |
| Enforcing authority | Office of the Privacy Commissioner of Canada |
| Laws | Privacy Act, Personal Information Protection and Electronic Documents Act (PIPEDA) |
| Privacy Act coverage | Federal government institutions, federal public-sector institutions |
| Privacy Act applicability | Federal government institutions listed in the Privacy Act Schedule of Institutions |
| PIPEDA coverage | Private-sector organizations, federally-regulated businesses, organizations in the Northwest Territories, Yukon, and Nunavut |
| PIPEDA applicability | Organizations collecting, using, or disclosing personal information in the course of commercial activities |
| PIPEDA definition of personal information | Information about an "identifiable individual", including age, name, ID numbers, income, ethnic origin, blood type, opinions, evaluations, comments, social status, disciplinary actions, employee files, credit records, loan records, medical records, intentions, etc. |
| Provincial privacy laws | Each province and territory has its own laws, some of which are similar to PIPEDA |
| Provincial laws highlights | Some provinces have passed laws related to employee information, health information, and consumer credit reporting |
| Canadian Charter of Rights and Freedoms | Protects privacy interests, including personal, territorial, and informational privacy through the right to be free from unreasonable search and seizure by the government |
| Criminal Code | Includes criminal offences that protect privacy, such as voyeurism |
| Common law | Recognizes a right to personal privacy, specifically a "tort of intrusion upon seclusion" |
| Upcoming changes | The Canadian Consumer Privacy Protection Act (CPPA), if passed, would replace PIPEDA and give consumers more control over their data |
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What You'll Learn
The Privacy Act
Canada has two federal privacy laws enforced by the Office of the Privacy Commissioner of Canada: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Act, which came into effect on July 1, 1983, is a key piece of Canada's overall legal framework for protecting privacy. It is federal legislation focused on the protection of personal information held by the federal government and federal public-sector institutions. The Act does not apply to political parties, political representatives (i.e. members of Parliament and senators), courts, and private sector organizations.
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PIPEDA
Canada has two federal privacy laws that are enforced by the Office of the Privacy Commissioner of Canada: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA, which came into effect in 2001, sets out the ground rules for how private sector organisations may collect, use, or disclose personal information in the course of commercial activities. It applies to all private-sector organisations that collect, use or disclose personal information in the course of commercial activities in Canada.
The Digital Privacy Act (Senate Bill S-4) became law in 2015, amending PIPEDA to include a business transaction exemption, mandatory breach notification requirements, enhanced powers for the Privacy Commissioner, and various other updates.
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Provincial privacy laws
Canada has enacted comprehensive federal privacy legislation that applies to the private sector. In addition, certain provinces have enacted both comprehensive and industry-specific private sector privacy legislation. Each province and territory in Canada has a commissioner or ombudsman responsible for overseeing provincial and territorial privacy legislation.
The federal Personal Information Protection and Electronic Documents Act (PIPEDA) regulates the collection, use, and disclosure of personal information in the private sector. PIPEDA applies to federal works, undertakings, and businesses and to private sector organizations that collect, use, or disclose personal information in the course of commercial activities in provinces that do not have substantially similar legislation and that transfer personal information across provincial or international borders.
Several provinces have passed similar statutes, including Alberta, British Columbia, and Quebec, which have enacted comprehensive private sector privacy legislation. The Information and Privacy Commissioner for British Columbia is responsible for overseeing and enforcing the Freedom of Information and Protection of Privacy Act, BC's public sector privacy law, and the Personal Information Protection Act, BC's private sector privacy law. The Office of the Ombudsman is responsible for overseeing and enforcing Manitoba's public sector privacy law and the Personal Health Information Act, Manitoba's privacy law relating to health records.
The Office of the Ombud for New Brunswick is responsible for overseeing and enforcing the Right to Information and Protection of Privacy Act, New Brunswick's public sector privacy law, and the Personal Health Information Privacy and Access Act, New Brunswick's privacy law relating to health records.
The Information and Privacy Commissioner of Nova Scotia is responsible for overseeing and enforcing the Freedom of Information and Protection of Privacy Act and the Privacy Review Officer Act, Nova Scotia's public sector privacy laws, and the Personal Health Information Act, Nova Scotia's privacy law relating to health records.
The Information and Privacy Commissioner of Newfoundland and Labrador is responsible for overseeing and enforcing the Access to Information and Protection of Privacy Act, Newfoundland and Labrador's public sector privacy law, and the Personal Health Information Act and Pharmacy Network Regulations, Newfoundland and Labrador's privacy laws relating to health records.
The Information and Privacy Commissioner of Nunavut is responsible for overseeing and enforcing the Access to Information and Protection of Privacy Act, Nunavut's public sector privacy law.
The Information and Privacy Commissioner of the Northwest Territories is responsible for overseeing and enforcing the Access to Information and Protection of Privacy Act, the Northwest Territories' public sector privacy law, and the Health Information Act, the Northwest Territories' privacy law relating to health records.
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Consumer privacy rights
Canada has two federal privacy laws: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Act covers how the federal government handles personal information, while PIPEDA covers how businesses handle personal information.
PIPEDA, which came into force in 2001, applies to all private-sector organizations that collect, use, or disclose personal information in the course of commercial activities in Canada. It broadly defines "personal information" as information about an "identifiable individual". This means that the information, on its own or combined with other pieces of data, can be used to identify a specific person.
The Consumer Privacy Protection Act (CPPA), which came into force in 2023, is an expansion of PIPEDA and includes additional provisions. CPPA grants expanded investigation and enforcement powers to the Privacy Commissioner of Canada to ensure compliance and enforce bigger penalties for violations. It provides clear rules for handling personal information, with real consequences for organizations that do not comply with the law. It also introduces a new Personal Information and Data Protection Tribunal, which serves as an additional means of recourse for privacy complaints.
CPPA recognizes the importance of privacy law in protecting human rights and aims to hold companies more accountable through stricter consent, access, and enforcement measures. It provides individuals with the right to disposal, allowing them to request the deletion of their information when they withdraw consent or when it is no longer necessary for an organization to retain it. It also gives individuals greater control over their data through data mobility, empowering them to direct the secure transfer of their information between organizations.
In addition to federal privacy laws, each province and territory in Canada has its own privacy legislation, with a commissioner or ombudsman responsible for overseeing it. Some provinces have also introduced specific health information privacy statutes and employee information privacy laws.
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Privacy Commissioner of Canada
Canada's privacy laws are enforced by the Office of the Privacy Commissioner of Canada. The Privacy Commissioner investigates complaints regarding violations of the federal Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Commissioner has the authority to audit and publish information about personal information-handling practices in the public and private sectors, conduct research, and promote awareness and understanding of privacy issues.
The Privacy Act is a key piece of Canada's overall legal framework for protecting privacy. It is federal legislation focused on the protection of personal information held by the federal government and federal public-sector institutions. The Act also applies to the government's collection, use, and disclosure of personal information in the course of providing services. The Privacy Act only applies to federal government institutions listed in the Privacy Act Schedule of Institutions.
PIPEDA, on the other hand, sets out the ground rules for how organizations engaged in commercial activities must handle personal information. It applies to all private-sector organizations that collect, use, or disclose personal information in the course of commercial activities in Canada. Additionally, PIPEDA applies to federally regulated businesses operating in Canada, including organizations in the Northwest Territories, Yukon, and Nunavut.
Each province and territory in Canada has its own privacy legislation, and some provinces have passed privacy laws that apply to employee information. These laws are overseen by a commissioner or ombudsman. Some provinces have also introduced specific health information privacy statutes.
The Privacy Commissioner of Canada is a non-partisan ombudsman and officer of the Parliament of Canada. The position was established in 1977, and the current commissioner is Philippe Dufresne, who was appointed in 2022. The Privacy Commissioner is appointed by the Governor in Council for a term of seven years and reports to Parliament and the House of Commons Standing Committee on Access to Information, Privacy, and Ethics.
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Frequently asked questions
Privacy law in Canada is derived from the common law, statutes of the Parliament of Canada, the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. The Charter protects certain privacy interests, such as personal, territorial, and informational privacy. There are two federal privacy laws enforced by the Office of the Privacy Commissioner of Canada: the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).
The Privacy Act, passed in 1983, regulates how federal government institutions collect, use, and disclose personal information. It also gives individuals the right to access and correct personal information held about them by the federal government.
The Personal Information Protection and Electronic Documents Act (PIPEDA) sets out the rules for how organizations engaged in commercial activities must handle personal information. This includes private-sector organizations across Canada that collect, use, or disclose personal information in the course of commercial activities. PIPEDA was passed in 2000 to promote consumer trust in electronic commerce and assure that Canadian privacy laws protect the personal information of citizens of other nationalities.
