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ARTICLE · 15 DECEMBER 2014

Alberta's Proposed Amendments To PIPA For Labour Disputes

The proposed amendments have been endorsed by Jill Clayton, Alberta’s Information and Privacy Commissioner, as being consistent with her recommendations.

CanadaPrivacy

On November 25, 2014, the Alberta Government's proposed amendments to the Personal Information Protection Act (PIPA), found in Bill 3, passed the second reading of the legislature.

The proposed amendments are in response to the decision of the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. In that case, the Supreme Court of Canada declared PIPA to be unconstitutional and invalid, holding that it infringed on the freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms by limiting the ability of the union to video-tape and photograph individuals crossing the picket line. The Supreme Court of Canada held that freedom of expression in the context of labour disputes must be balanced against the government's objective of providing individuals control over their personal information when crossing a picket line. The declaration of invalidity for PIPA was suspended for

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