ARTICLE · 19 SEPTEMBER 2023

Changes To PIPEDA Guidelines

Robins Appleby LLP

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Office of the Privacy Commissioner of Canada ("OPC") updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act ("PIPEDA").

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Office of the Privacy Commissioner of Canada ("OPC") updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act ("PIPEDA"). PIPEDA applies to federal works, undertakings or businesses. It applies to the collection, use and disclosure of personal information in the course of commercial activity and across borders.

Changes to the Guidelines:

- Removed "balancing" language. Removed wording that discussed the need for "balance" between the employer's need for information and the employee's right to privacy. New guidelines emphasize the specific legal requirements set out under PIPEDA. There are two primary exceptions to PIPEDA's consent requirement applicable to the employment relationship:

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