Parliamentary Review of PIPEDA

Government Response

On October 17, 2007 the Government of Canada tabled its response to the Report of the Standing Committee on Access to Information, Privacy and Ethics (ETHI) on the first Parliamentary Review of PIPEDA.

In the Government Response to the Fourth Report of the Standing Committee on Access to Information, Privacy and Ethics: Statutory Review of the Personal Information Protection and Electronic Documents Act (PIPEDA), the Government addresses each of the recommendations made by the Standing Committee and indicates its intention to consult further with businesses and consumers to obtain their views and advice on implementing the Response.

Consultation on the Implementation of the Government Response

On October 27, 2007, a notice was published in the Canada Gazette, advising the public of consultations on the implementation of the Government Response to the Fourth Report of the House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI), Statutory Review of the Personal Information Protection and Electronic Documents Act (PIPEDA).

In particular, views are being sought on the implementation of a data breach notification provision, on the concepts of "work product" and "lawful authority". Other issues where public input is being sought include witness statements, consent by minors, investigative bodies and the extent to which elements contained in the health-related PIPEDA Awareness Raising Tools (PARTs) document may be set out in legislative form.

Submissions on the above, or on any other issues related to the Government Response can be sent by email to PIPEDAconsultation@ic.gc.ca, by fax to 613-941-1164, or by mail to Richard Simpson, Director General, Industry Canada, Electronic Commerce Branch, 300 Slater Street, Ottawa, Ontario, K1A 0C8.

The deadline for submitting comments has been set at January 15, 2008.

Background

The Personal Information Protection and Electronic Documents Act (PIPEDA) includes a provision for a mandatory review by Parliament every five years.

29. (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.

The first review of Part I of the Act was undertaken by the House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI). Hearings were held between November 20, 2006 and February 22, 2007, during which time ETHI heard from 67 witnesses and considered 34 submissions from individual Canadians and Canadian organizations, including the Privacy Commissioner of Canada.

The ETHI report, Statutory Review of the Personal Information Protection and Electronic Documents Act (PIPEDA): Fourth Report of the Standing Committee on Access to Information, Privacy and Ethics, was presented in the House of Commons on May 2, 2007.