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3

WHAT IS “PERSONAL INFORMATION”?

Under PIPEDA, personal information includes any factual

or subjective information, recorded or not, about an

identifiable individual. This includes information in any

form, such as:

age, name, ID numbers, income, ethnic origin, or

blood type;

opinions, evaluations, comments, social status, or

disciplinary actions; and

employee files, credit records, loan records, medical

records, existence of a dispute between a consumer and

a merchant, intentions (for example, to acquire goods

or services, or change jobs).

WHAT IS

NOT

COVERED BY PIPEDA?

There are some instances where PIPEDA does not apply.

Some examples include:

Personal information collected, used or disclosed by

federal government organizations listed under the

Privacy Act.

Provincial or territorial governments and their agents

Business contact information–including an employee’s

name, title, business address, telephone number

facsimile number or email addresses–which an

organization collects, uses or discloses solely for the

purpose of communicating with a person in relation to

their employment, business or profession

An individual’s collection, use or disclosure of personal

information strictly for personal purposes (e.g. personal

greeting card list).

An organization’s collection, use or disclosure of

personal information solely for journalistic, artistic or

literary purposes.

WHAT IS A “FEDERAL WORK,

UNDERTAKING, OR BUSINESS”?

This term includes “any work,

undertaking or business that is under

the legislative authority of Parliament”.

While most federally regulated

organizations would be captured under

this definition, not all these types of

organizations are federal works. For

instance, insurance companies and

credit unions may be subject to some

federal regulation, but are considered to

be within provincial jurisdiction under

the Constitution and are not federal

works for the purposes of the Act. The

Act defines what constitutes a federal

work, undertaking or business subject

to Part 1 to include:

• airports, aircraft or airlines

• banks

• inter-provincial or international

transportation by land or water

• telecommunications

• offshore drilling operations

• radio and television broadcasting

Note that this is not an exhaustive

list of “federal works, undertakings

and businesses”. The fact that your

company is federally incorporated

does not necessarily mean that it is a

federal work, undertaking or business.

If your company is subject to any part

of the Canada Labour Code, it may be a

federal work, undertaking or business.