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@@ -347,8 +347,96 @@ Information.
The Privacy Principles The Privacy Principles
----------------------- -----------------------
The Canadian Standards Association (CSA) Model Code is a set of principles that was
developed with input from organizations, governments, consumer associations and other
privacy stakeholders. They are incorporated in Federal private sector privacy legislation and
have become the generally accepted framework for evaluating privacy processes and systems
in Canada2.
Principle 1. Accountability
An organization is responsible for personal information under its control and shall designate
an individual or individuals to be accountable for the organization's compliance with the
following principles.
Principle 2. Identifying Purposes
The purposes for which personal information is collected shall be identified by the
organization at or before the time the information is collected.
Principle 3. Consent
The knowledge and consent of the individual are required for the collection, use, or
disclosure of personal information, except where inappropriate. Note: In certain
circumstances, personal information can be collected, used, or disclosed without the
knowledge and consent of the individual. For example, legal, medical, or security reasons
may make it impossible or impractical to seek consent.
Principle 4. Limiting Collection
The collection of personal information shall be limited to that which is necessary for the
purposes identified by the organization. Information shall be collected by fair and lawful
means.
Principle 5. Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes other than those for which it
was collected, except with the consent of the individual or as required by law. Personal
information shall be retained only as long as is necessary for the fulfillment of those
purposes.
Principle 6. Accuracy
Personal information shall be as accurate, complete, and up-to-date as is necessary for the
purposes for which it is to be used.
Principle 7. Safeguards
Personal information shall be protected by security safeguards appropriate to the sensitivity
of the information.
Principle 8. Openness
An organization shall make readily available to individuals specific information about its
policies and practices relating to the management of personal information.
Principle 9. Individual Access
Upon request, an individual shall be informed of the existence, use and disclosure of his or
her personal information and shall be given access to that information. An individual shall be
able to challenge the accuracy and completeness of the information and have it amended as
appropriate. In certain situations, an organization may not be able to provide access to all the
personal information it holds about an individual. Exceptions to the access requirement
should be limited and specific. The reasons for denying access should be provided to the
individual upon request. Exceptions may include information that is prohibitively costly to
provide, information that contains references to other individuals, information that cannot be
disclosed for legal, security, or commercial proprietary reasons, and information that is
subject to solicitor–client or litigation privilege.
Principle 10. Challenging Compliance
An individual shall be able to address a challenge concerning compliance with the above
principles to the designated individual or individuals accountable for the organization's
compliance.
The Personal Information Protection and Electronic Documents Act (PIPEDA) The Personal Information Protection and Electronic Documents Act (PIPEDA)
-------------------------------------------------------------------------- --------------------------------------------------------------------------
The federal government drew upon the CSA Privacy Principles in its drafting of the federal
Personal Information Protection and Electronic Documents Act (PIPEDA) and the spirit and
much of the wording of the principles can be found throughout PIPEDA.
The mandate of the Office of the Privacy Commissioner of Canada (OPC) is overseeing
compliance with both the Privacy Act, which covers the personal information-handling
practices of federal government departments and agencies (including employee data), and the
Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s private
sector privacy law.
PIPEDA has applied to federally regulated organizations such as banks, telecommunications
and transportation companies since January 2001 and applies to the collection, use or
disclosure of personal information in the course of any commercial activity within a province
that does not have its own privacy legislation, since January 2004.
While this protection of personal information legislation has a significant impact on how
organizations collect, use and disclose personal information relating to commercial
transactions (for example, customer/client lists and information), it is the effect of this
legislation on employee personal information that concerns the payroll and human resources
departments.
Employers collect personal employee information to conduct and protect their business, and
to comply with government legislation (for example, Employment/Labour Standards and
statutory deductions relating to CPP/QPP contributions, EI and QPIP premiums along with
income tax). As well, many employers provide benefits such as dental, medical and pension
plans that require the collection of even greater amounts of personal data.
.. note::
Notice
PIPEDA does not require that employers obtain consent from prospective employees, current
employees, or terminated employees to collect, use, and disclose information about that
person where the information is necessary for the creation, maintenance, and termination of
the employment relationship. It is, however, the case that the employer will provide notice to
the employee so that they are knowledgeable with respect to the information that the
employer collects, uses, and discloses.
This notice should be provided to prospective employees as part of the recruitment process
and also as part of the on-boarding process. In addition, if there are changes to personal data
practices for employee information, employees should be informed about such changes in a
timely manner.
Pension Benefits Standards Act Pension Benefits Standards Act
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~