On September 29, 2011 the federal government introduced Bill C-12, entitled
the "Safeguarding Canadians' Personal
Information Act." The bill, which is currently in the
"first reading" stage, reintroduces the amendments to the
Personal Information Protection and
Electronic Documents Act (PIPEDA) proposed in
Bill C-29 relating to what constitutes valid consent and various
circumstances in which personal information can be collected
without consent. Bill C-29 expired in March 2011 when Parliament
was dissolved.
PIPEDA establishes rules for the management of personal
information by organizations involved in commercial activities.
Currently, PIPEDA provides that unless a legislative exception
applies, an individual's personal information cannot be
collected, used, or disclosed without that individual's
knowledge or consent. Bill C-12 would clarify business'
obligations under PIPEDA and will undoubtedly affect employers'
approaches to privacy issues. Below is a brief