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ARTICLE · 06 JULY 2009

Privacy Commissioner Releases "Guidelines For Processing Personal Data Across Borders"

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In a development that affects organizations offshoring the processing of personal information, the Office of the Privacy Commissioner of Canada has recently issued "Guidelines for Processing Personal Data across Borders."

CanadaEmployment and HR
Wendy Gross
Wendy Gross
Barbara McIsaac
Barbara McIsaac
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In a development that affects organizations offshoring the processing of personal information, the Office of the Privacy Commissioner of Canada has recently issued "Guidelines for Processing Personal Data across Borders." The Guidelines are intended to clarify how the Personal Information Protection and Electronic Documents Act (PIPEDA) applies to transfers of personal information to third parties outside of Canada for processing.

The Guidelines indicate that "PIPEDA does not prohibit organizations in Canada from transferring personal information to a third party in another jurisdiction for processing." However, they do note that, under PIPEDA, organizations are responsible for the protection of personal information including information transferred to third parties under outsourcing agreements. While the information is being processed by a third party, organizations are required to use "contractual or other means to provide a comparable level of protection." The

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