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"PrivaWorks-Employee Privacy is a comprehensive employee privacy program."

 

Sue MacKintosh
Privacy and Ethics Manager
Loblaw Companies Ltd.

 

 

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Nymity's free monthly Privacy Newsletter, Nymity News, features interviews with privacy officers, privacy commissioners, privacy lawyers and provides notices on privacy related events. See last months newsletter and subscribe.

 

Introduction to Private Sector Privacy Legislation

Note:

    • Changes in privacy law are indicated in red;
    • Regulations are in blue.

This section is designed provide an introduction to private sector privacy legislation in Canada.  It is provided to promote Nymity's PrivaWorks, which enable privacy risk management.

 
Private Sector Privacy Acts

Canadian organizations involved in commercial activity are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) unless they are located in a province that has enacted legislation that has been deemed substantially similar. Introduction to PIPEDA

 

Note:

  1. Federal works are always governed by PIPEDA regardless of location.

  2. PIPEDA applies to all personal information in any interprovincial and international transborder data flow.
NymitySubstantially Similar Privacy Acts

 

Nymity Employee Privacy

All provincial private sector privacy acts cover employee privacy, but the courts have held that Federal Parliament cannot legislate in respect of the employer-employee relationship under its trade and commerce power, which is PIPEDA's underpinning. 

Therefore, with the exception of Federal Works, PIPEDA does not cover employee privacy.

 

 

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Public Sector Privacy Acts

 

Federal

  • Privacy Act

 

British Columbia:

  • Freedom of Information and Protection of Privacy Act

 

Alberta:

  • Freedom of Information and Protection of Privacy Act
  • Health Information Act

 

Saskatchewan:

  • Freedom of Information and Protection of Privacy Act
  • Health Information Protection Act

 

Manitoba:

  • Freedom of Information and Protection of Privacy Act
  • Personal Health Information Act

 

Ontario:

  • Freedom of Information and Protection of Privacy Act
  • Municipal Freedom of Information and Protection of Privacy Act
  • Personal Health Information Protection Act, 2004

 

Quebec:

  • Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information

 

Prince Edward Island:

  • Freedom of Information and Protection of Privacy Act

 

Newfoundland:

  • Access to Information and Protection of Privacy Act

 

Nova Scotia:

  • Freedom of Information and Protection of Privacy Act

 

New Brunswick:

  • Freedom of Information and Protection of Privacy Act

 

Yukon:

  • Access to Information and Protection of Privacy Act

 

Northwest Territories:

  • Access to Information and Protection of Privacy Act

 

Nunavut:

  • Access to Information and Protection of Privacy Act
 

Additional Resources

 

For a list of Privacy Commissioners in Canada go to Privacy Acts .

 

 

 

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