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ARTICLE · 20 JANUARY 2020

Keepin' It "Real": OPC Finds That PIPEDA Applies To Foreign-Incorporated Business

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The outcome of a recent Office of the Privacy Commissioner ("OPC") investigation confirms a number of important principles of Canadian privacy law

CanadaPrivacy
Kristen Pennington
Kristen Pennington
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The outcome of a recent Office of the Privacy Commissioner ("OPC") investigation confirms a number of important principles of Canadian privacy law, including that businesses incorporated outside of Canada are not necessarily immune from being required to comply.

The Facts

411Numbers HK Limited ("411") operates websites allowing the public to search the full name, address or telephone number of individuals residing in Canada and various other countries.  Incorporated in Hong Kong, 411's owner and sole employee lives in Quebec.

Because its services are free for users, 411 historically generated revenue through third party website advertising and charging removal fees to those seeking to delete their contact information from the directory.  In addition to paying a fee, individuals who wanted to remove their personal information from the website were required to provide 411 with a copy of their passport, driver's license and a utility bill confirming their name and

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