Backgrounder—Facts About Privacy: Strong Canadian Laws

Canada has strong laws to ensure our citizens' personal information is safeguarded. These laws are made clear under the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act.

PIPEDA governs the collection, use and disclosure of personal information by companies in a manner that recognizes the privacy rights of individuals. Ensuring trust and confidence through the protection of personal information is essential to the growth of the digital economy. The Government will continue to help protect consumers and businesses from the misuse of their personal information, thereby increasing confidence in the online marketplace.

The Privacy Act imposes obligations on some 250 federal departments and agencies to respect privacy rights by limiting the collection, use and disclosure of personal information. The Privacy Act also gives individuals the right to access and request correction of personal information about themselves held by these federal organizations.

The basic rule prohibiting the unlawful interception of private communications by anyone in Canada (carried over the network of a foreign or domestic telecom carrier operating in Canada) is set out in the Criminal Code (specifically section 184). The basic rule states that anyone who willfully intercepts a private communication is guilty of an indictable offence and is liable to imprisonment for up to five years.

As well, with regard to personal information, a foreign entrant operating in Canada would be subject to the exact same privacy laws as existing operators. Our federal privacy law, PIPEDA, applies equally to all organizations carrying on commercial activities in Canada.

Among other things, PIPEDA prohibits companies from disclosing personal information for any purposes other than those for which it was collected, except with the consent of the individual or in very limited circumstances set out in the legislation namely when permissible by law.