Bill C-29, a proposed amendment to the Personal Information Protection and Electronic Documents Act ("PIPEDA" or the "Act"), seeks to enhance the private-sector privacy legislation in Canada.
Bill C-29 which was first read on May 25, 2010, is expected to provide clarification for insurers, corporations and federal employers, who under the existing PIPEDA provisions have voiced uncertainty as to what investigative steps they can take without violating Canadian privacy laws. The current PIPEDA provisions allow for the collection, use and disclosure of personal information, without consent, only when there is a breach of contract or law. The Privacy Commissioner has been of the view that under the current PIPEDA provisions, the mere suspicion of a crime or a breach of contract is not grounds for an investigation in the private-sector.
If passed, Bill C-29 proposes amendments which include clarification of the meaning of "lawful authority" pursuant to Section 7 of the Act, and the collection and use of witness statements where it is necessary for an insurance claim. Ultimately, the Bill would permit organizations to access this information without the knowledge or consent of an individual for the purposes of preventing fraud and other unlawful activity. Amendments to the Act contained in Bill C-29 would affect mainly those involved in insurance, employment, and corporate due-diligence investigations.
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.