On September 29, 2011, the federal government introduced Bill C-12, Safeguarding Canadians’ Personal Information Act. This Bill, if passed, would make a number of significant amendments to the Personal Information Protection and Electronic Documents Act (“PIPEDA“).
PIPEDA is federal legislation which governs the manner in which private organizations may collect, use or disclose personal information in the course of commercial activities. PIPEDA generally applies to both federally and provincially regulated organizations, although it applies to the personal information of an organization’s employees only in connection with federal works, undertaking and businesses.
PIPEDA stipulates that an individual’s knowledge and consent is required for an organization to collect, use or disclose that individual’s personal information, subject only to certain exceptions.
Among other amendments, Bill C-12 would insert certain additional exceptions to the general “knowledge and consent” requirement. The following are some of the most significant potential new exceptions in this regard:
Under the current wording of the Bill, each of these new exceptions would be subject to various caveats and limitations.
If you have any questions about these or other potential amendments to PIPEDA, or questions about PIPEDA and the application of Canadian privacy legislation to employers in general, please do not hesitate to contact your Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at: http://www.mathewsdinsdale.com/news-events/in-a-flash/