Volume VI

Issue : 14: September 18, 2008

• Privacy Commissioner Issues PIPEDA Interpretations
• Metatags Hiding Competitors Mark To Boost Search Is Willful Violation Of Lanham Act
• European Court Allows Extradition of British Hacker to U.S.
• CIRA Panel Denies Request to Transfer Domain Name
• Defamation by Domain Name Misdirection
• Wisconsin City Sued for Removal of Web Links to its Website
• One in Five Bosses Screen Applicants Web Lives

Home > Volume VI > Issue 14: September 18, 2008 > Privacy Commissioner Issues PIPEDA Interpretations

Privacy Commissioner Issues PIPEDA Interpretations

The Office of the Privacy Commissioner (OPC) has recently begun to issue interpretations of key concepts covered by the Personal Information Protection and Electronic Documents Act (PIPEDA). These interpretations cover general principles that have emerged from the findings of the Commissioner, and aim to serve as non-binding guides to PIPEDA that will evolve with new findings and court decisions.

The topic covered in the first interpretation by the OPC is the meaning of “personal information” under PIPEDA. The interpretation begins by noting the two relevant statutory provisions of PIPEDA: subsection 2(1), which defines “personal information”, and subsection 4(1), which sets out the situations in which PIPEDA applies to an organization. It then reviews the general interpretation of “personal information” by the Federal Court and Federal Court of Appeal, summarizing general principles that have emerged from recent case law.

The interpretation concludes with a discussion of the application of the general principles relating to “personal information” in a variety of contexts, including health information and technology. The interpretation identifies several types of technological information that may be categorized as personal information, such as biometric data, video surveillance data, GPS data and IP addresses.

For additional information, visit:

http://www.privcom.gc.ca/leg_c/interpretations_02_e.asp