Mitigate privacy risks to your customers and organization!

Privacy risk can exist throughout the data life cycle, so it is important to manage and govern data properly. A number of privacy risk management activities can be undertaken during the data life cycle. Designing a privacy risk management framework is the first step to ensuring data validation and data protection, monitoring and controlling data, and complying with all applicable laws and regulations.

The Continuum GRC ITAM SaaS platform has privacy modules available, such as:

Personal Information Protection and Electronic Documents Act (PIPEDA)

Continuum GRC created the number one ranked IRM GRC audit software solution for PIPEDA audits that empowers you to prepare for a PIPEDA audit effectively while dramatically reducing costs in preparation for working with a third-party assessment organization.

The Personal Information Protection and Electronic Documents Act (PIPEDA) is a Canadian law relating to data privacy. It governs how private sector organizations collect, use, and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens.

Modules include:

PIPEDA

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About the Standard

The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal privacy law governing how private-sector organizations collect, use, and disclose personal information in the course of commercial activities. Below is a concise overview of the key compliance requirements for organizations subject to PIPEDA, based on the law’s provisions and guidance from the Office of the Privacy Commissioner of Canada (OPC):

Key Compliance Requirements

Accountability (Principle 1)
- Designate a Privacy Officer: Organizations must appoint an individual responsible for ensuring PIPEDA compliance, such as a Chief Privacy Officer.
- Implement Policies and Practices: Develop and maintain privacy policies, procedures, and training to protect personal information and handle inquiries or complaints.
- Contracts and Oversight: Ensure third parties (e.g., vendors or service providers) handling personal information comply with PIPEDA through contracts or other safeguards.
Identifying Purposes (Principle 2)
- Clearly identify and document the purposes for collecting personal information before or at the time of collection.
- Communicate these purposes to individuals in a clear and understandable manner (e.g., via privacy notices or policies).
Consent (Principle 3)
- Obtain Meaningful Consent: Collect personal information only with the individual’s informed consent, which can be express (written or verbal) or implied, depending on the sensitivity of the information.
- Provide Clear Information: Inform individuals about what data is being collected, why, and how it will be used or shared.
- Allow Withdrawal of Consent: Individuals must be able to withdraw consent at any time, subject to legal or contractual restrictions, with clear information on the implications.
Limiting Collection (Principle 4)
- Collect only the personal information necessary for the identified purposes.
- Avoid collecting excessive or irrelevant data.
Limiting Use, Disclosure, and Retention (Principle 5)
- Use or disclose personal information only for the purposes for which it was collected, unless further consent is obtained or as required by law.
- Retain personal information only as long as necessary to fulfill the identified purposes or meet legal requirements.
- Securely dispose of or anonymize personal information once it is no longer needed.
Accuracy (Principle 6)
- Ensure personal information is accurate, complete, and up-to-date as necessary for the purposes for which it is used.
- Update information when informed of inaccuracies by the individual.
Safeguards (Principle 7)
- Protect personal information with security measures appropriate to its sensitivity (e.g., encryption, access controls, physical security).
- Safeguards should prevent unauthorized access, disclosure, copying, use, or modification.
- Regularly assess and update security measures to address evolving risks.
Openness (Principle 8)
- Make privacy policies and practices readily available and understandable to the public.
- Provide details about how personal information is managed, including contact information for the designated privacy officer.
Individual Access (Principle 9)
- Upon request, provide individuals with access to their personal information held by the organization, subject to limited exceptions (e.g., legal privilege or third-party information).
- Respond to access requests within 30 days (extensions may apply in specific cases).
- Allow individuals to challenge the accuracy of their information and request corrections.
Challenging Compliance (Principle 10)
- Establish a clear process for receiving and responding to complaints about privacy practices.
- Investigate complaints promptly and take corrective action if necessary.
- Individuals can escalate unresolved complaints to the OPC.

Additional Requirements

Breach Notification: Since November 1, 2018, organizations must:
- Report to the OPC any breach of security safeguards involving personal information that poses a real risk of significant harm (e.g., identity theft, financial loss, or reputational damage).
- Notify affected individuals as soon as feasible, in a prescribed manner.
- Maintain records of all breaches, even those not meeting the reporting threshold, for at least 24 months.
Cross-Border Data Transfers: When transferring personal information to third parties (e.g., for processing outside Canada), organizations remain accountable for ensuring equivalent protection. This may involve contracts, audits, or other measures to ensure compliance with PIPEDA.
Privacy Impact Assessments (PIAs): While not explicitly mandated, PIAs are recommended for new projects or systems involving personal information to identify and mitigate privacy risks.
Exemptions and Limitations:
- PIPEDA applies to commercial activities but not to personal or domestic purposes, employee data in non-federally regulated businesses, or certain journalistic, artistic, or literary purposes.
- Organizations in provinces with substantially similar privacy laws (e.g., British Columbia, Alberta, Quebec) may be exempt from PIPEDA for intra-provincial activities but remain subject to it for inter-provincial or international data flows.

Practical Steps for Compliance

Develop a comprehensive privacy management program, including policies, staff training, and risk assessments.
Regularly review and update consent forms, privacy notices, and data-handling practices.
Conduct data mapping to understand what personal information is collected, where it’s stored, and how it’s used or shared.
Implement robust cybersecurity measures, such as encryption and access controls, to protect data.
Prepare a breach response plan to address incidents promptly and comply with notification requirements.
Monitor updates to PIPEDA or related regulations, as amendments (e.g., Bill C-27, which proposes the Consumer Privacy Protection Act) may introduce new requirements.

Enforcement and Penalties

The OPC investigates complaints and can issue recommendations, but it lacks direct enforcement powers under PIPEDA.
Non-compliance can lead to court orders, reputational damage, or, in some cases, fines under related laws.
Proposed reforms (e.g., Bill C-27) may introduce significant fines and stricter enforcement in the future.

Resources

For detailed guidance, organizations can refer to:

The PIPEDA Fair Information Principles on the OPC website.
OPC tools, such as the PIPEDA Self-Assessment Tool from Continuum GRC, are used to evaluate compliance.