Volume II

Issue : 10: May 13, 2004

• Canada Issues Privacy Investigative Body Regulations
• Privacy Groups Continue Criticism of Googles Gmail
• Lawyers Not Subject to U.S. Privacy Legislation
• Pharmaceutical Companies Get Tough on Internet Pharmacies While U.S. Official Starts Supporting Drug Imports
• Canadian Internet Pharmacy Founder Fighting to Clear his Name
• U.S. Grants Patent for Method to Plant Decoys in P2P Networks to Thwart File Sharing
• Canadian Government Introduces Anti Spam Action Plan

Home > Volume II > Issue 10: May 13, 2004 > Canada Issues Privacy Investigative Body Regulations

Canada Issues Privacy Investigative Body Regulations

The Canadian Federal Personal Information Protection and Electronic Documents Act (PIPEDA) or "substantially similar" provincial legislation governs the collection use and disclosure of personal information by private organizations in all of Canada. The law requires that any organization, which is disclosing personal information, must obtain the subject's consent in many circumstances. One exception permits the disclosure of personal information without the knowledge or consent of the subject when:

1.the disclosing organization provides personal information to an "investigative body" (as defined by Federal regulations) in relation to:

a.breach of an agreement,

b.contravention of any country's laws, or

c.Canadian national security, defense or international affairs, or

2.the disclosing organization is an "investigative body" disclosing the personal information for:

a.investigation of a breach of agreement, or

b.contravention of any Canadian law.

In 2001, the federal government declared the Insurance Crime Prevention Bureau, and the Canadian Bankers Association Crime Prevention and Investigation Office, as "Investigative Bodies". On March 30, 2004, the Canadian government specified by regulation various other "investigative bodies", which fall into the following categories:

a.health care colleges,

b.accounting bodies,

c.law societies,

d.provincially licensed private investigators and detectives,

e.provincially licensed insurance adjusters,

f.the Credit Union Central of Canada Crime Prevention Office, and

g.the Ontario College of Social Workers.

For additional information see Regulations at:

http://canadagazette.gc.ca/partII/2004/20040421/html/sor60-e.html