Globalization and the growth of electronic technologies have challenged the ability of states to ensure the privacy rights of their citizens. Many countries concerned about the protection of their citizens' personal information have adopted privacy laws and fair information practices.
In 1948, the General Assembly of the United Nations proclaimed the Universal Declaration of Human Rights, which includes the right to privacy. In 1981, the Council of Europe established a convention to guide the collection, storage and use of personal information, and the exchange of that information across international borders.
European law allows personal information to flow outside Europe only if there is an adequate level of protection in the receiving country. This directive was one of the primary reasons for the drafting of Canada's private-sector privacy legislation, the Personal Information Protection and Electronic Documents Act. In December 2001, the European Commission recognized PIPEDA as providing adequate protection for any personal data transferred from Europe to Canada.
The Organisation for Economic Co-operation and Development (OECD), a multinational trade organization to promote global trade and economic development, has drafted guidelines for the international trade in personal information. "Guidelines on the Protection of Privacy and Transborder Flows of Personal Data" addresses the international exchange of information, and suggests guidelines for the collection and exchange of such information. These guidelines were developed in 1980, and Canada signed them in 1984.
The guidelines recommend that information should be collected directly from the person concerned, and should only be used for the specific purpose for which it was collected. The guidelines also suggest that people be told how their personal data will be used, and that they be given the chance to access the information and to correct it, if necessary. In addition, the guidelines recommend that an independent data controller be appointed to see that privacy provisions are applied correctly.