The Personal Information Protection and Electronic Documents Act

As of January 1, 2001, Canada has a new law to protect individuals' privacy in their dealings with organizations in the private sector. It is called the Personal Information Protection and Electronic Documents Act.

The Act applies to personal information (except "personal health information") about customers that is collected, used or disclosed by "federal works, undertakings or businesses" in the course of commercial activities. The Act also applies to personal information (except "personal health information") about employees of these works, undertakings or businesses.

These include organizations such as banks, telephone companies, cable television and broadcasting companies. Lastly, the Act applies to personal information sold or traded across borders of Canada or a province.

The Act also currently covers all business and organizations engaged in commercial activity in the Yukon, the Northwest Territories and Nunavut.

As of January 1, 2002, the law is extended to cover any "personal health information" collected, used or disclosed by the organizations mentioned above.

As of January 1, 2004, the Act will be further extended to cover the collection, use and disclosure of personal information in the course of any commercial activity in Canada. The federal government may exempt organizations or activities in provinces that have their own privacy laws that are judged to be substantially similar to the federal law.

The Act will also apply to personal information in all interprovincial and international transactions by all organizations in the course of their commercial activities.

To access personal information held by an organization

• Send a written request to the organization holding your personal information. You must provide enough detail to allow the organization to identify the information you want; for example, include dates, account numbers, and the names or positions of people you may have dealt with at the organization.
• Organizations must provide the information requested within a reasonable time and at minimal or no cost.

To correct errors or omissions to your personal information

• Write to the organization that has personal information about you and explain the correction you are requesting and why.
• Supply copies of any documents that support your request, if you have them.
• If the organization refuses to correct your personal information, you may require it to attach a statement of your disagreement to the file, where appropriate. This statement must be passed on to any other organization that may have access to the information.

To lodge a complaint

• Contact the Office of the Privacy Commissioner of Canada's Investigations Branch during business hours by calling (613) 947-1698, or toll free 1-800-282-1376, to gather more information and advice on how you should proceed.
• Lodging a complaint with our Office is free of charge and we are here to assist you throughout the process. There is no need to hire special advisors to help you lodge a complaint with our Office.
• We encourage you to try to settle the matter directly with the organization about which you are complaining by contacting the person responsible for handling privacy issues within the organization.
• If you are not satisfied with the organization's response, you may contact the organization's industry association, ombudsman or complaint office, if there is one. For example, the Canadian Marketing Association and the Ombudsman for Banking Services and Investments handle customers' complaints about their member companies.

If you are not satisfied with the way the organization or industry association handles the matter, contact the Office of the Privacy Commissioner of Canada during business hours by calling 1-800-282-1376 toll-free, or write to:

The Office of the Privacy Commissioner of Canada
112 Kent Street
Ottawa, ON K1A 1H3

Please do not make complaints or provide personal information by e-mail, as security cannot be ensured.