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ARTICLE · 19 JANUARY 2009

Encroaching On Privacy In The Name Of Privacy

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Canada's Supreme Court tells Privacy Commissioner she can't expand her mandate to include the review of documents over which solicitor-client privilege has been claimed.

CanadaIntellectual Property

Canada's Supreme Court tells Privacy Commissioner she can't expand her mandate to include the review of documents over which solicitor-client privilege has been claimed

Unlike the United States, Canada has comprehensive federal privacy legislation that applies to businesses — namely, the Personal Information Protection and Electronic Documents Act (PIPEDA). It regulates the collection, use and disclosure of all kinds of "personal information" by commercial enterprises governed by the Act. "Personal information" is defined broadly under PIPEDA to include any information about an identify able individual, with only minor exceptions. PIPEDA sets out not only the privacy obligations of businesses but also the rights of people to access their personal information and the complaint procedure if access is denied.

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