In September 2013, Manitoba became the most recent province with
privacy legislation governing the collection, use and retention of
personal information by private sector entities by passing The
Personal Information Protection and Identity Theft Prevention
Act (PIPITPA). British Columbia, Alberta and Quebec each
have private sector privacy legislation that has been designated by
Canada's Privacy Commissioner as "substantially
similar" to the federal Personal Information Protection and
Electronic Documents Act (PIPEDA). PIPITPA is not yet in
force and awaits pronouncement from the Privacy Commissioner as to
whether it is "substantially similar".
PIPITPA contains many similarities to PIPEDA and the other
provincial laws, such as requiring consent from an individual
before an organization collects, uses or discloses his/her personal
information and limiting collection, use or disclosure of personal
information to what is reasonable. However, there are also a
number of differences.
One of the main differences between PIPITPA and the other
Canadian private sector privacy laws is that it appears to create a
lower threshold of requiring an organization to notify an
individual if his/her personal information is stolen, lost or
accessed in an unauthorized manner than the rest of Canada.
Once the law is passed, notification will be required regardless of
the degree of risk of harm unless the organization is satisfied
that it is not reasonably possible for the personal information to
be used unlawfully, or if law enforcement is investigating and
instructs the organization not to disclose. The breach
notification requirement in other provincial laws is only triggered
if there is a real risk of significant harm.
PIPITPA also provides for a private right of action for privacy
breaches, but does not allow for a complaint procedure to the
Manitoba Ombudsman. It also provides for summary conviction
offenses of $100,000 for organizations, which are subject to a due
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).