Podcast
Questions and Answers
What is the primary role of the Privacy Commissioner under PIPEDA?
What is the primary role of the Privacy Commissioner under PIPEDA?
What kind of information is NOT protected under PIPEDA?
What kind of information is NOT protected under PIPEDA?
Who enforces the Personal Information Protection and Electronic Documents Act (PIPEDA)?
Who enforces the Personal Information Protection and Electronic Documents Act (PIPEDA)?
What is a potential risk posed by AI facial recognition technology to personal data security?
What is a potential risk posed by AI facial recognition technology to personal data security?
Signup and view all the answers
What is the maximum penalty a company may face for obstructing the Commissioner's investigation or destroying records?
What is the maximum penalty a company may face for obstructing the Commissioner's investigation or destroying records?
Signup and view all the answers
What is the primary requirement for businesses regarding personal information under PIPEDA?
What is the primary requirement for businesses regarding personal information under PIPEDA?
Signup and view all the answers
Which of the following is an example of personal information protected under PIPEDA?
Which of the following is an example of personal information protected under PIPEDA?
Signup and view all the answers
What applies to organizations that collect, use, or disclose personal information for commercial activity?
What applies to organizations that collect, use, or disclose personal information for commercial activity?
Signup and view all the answers
What is the main reason behind the proposal of Bill C-27?
What is the main reason behind the proposal of Bill C-27?
Signup and view all the answers
Which of the following is NOT one of the proposed Acts?
Which of the following is NOT one of the proposed Acts?
Signup and view all the answers
What is a key aspect of the CMA Code of Ethics and Standards of Practice regarding marketing to children?
What is a key aspect of the CMA Code of Ethics and Standards of Practice regarding marketing to children?
Signup and view all the answers
Which province in Canada has its own legislation regarding marketing to children?
Which province in Canada has its own legislation regarding marketing to children?
Signup and view all the answers
What is a concern regarding children's personal data?
What is a concern regarding children's personal data?
Signup and view all the answers
What is a similarity between the proposed Acts in Canada and regulations in other jurisdictions?
What is a similarity between the proposed Acts in Canada and regulations in other jurisdictions?
Signup and view all the answers
What is the main purpose of implementing safeguards in companies?
What is the main purpose of implementing safeguards in companies?
Signup and view all the answers
What is an example of an opt-out consent language?
What is an example of an opt-out consent language?
Signup and view all the answers
What is an exception to PIPEDA where a business may need to disclose personal information without the person's consent?
What is an exception to PIPEDA where a business may need to disclose personal information without the person's consent?
Signup and view all the answers
What is the main purpose of Bill C-27?
What is the main purpose of Bill C-27?
Signup and view all the answers
Why is it important to provide users with access to their personal information?
Why is it important to provide users with access to their personal information?
Signup and view all the answers
What is an example of a technological safeguard to protect users' data?
What is an example of a technological safeguard to protect users' data?
Signup and view all the answers
Why is it important for companies to be prepared to be challenged by users or courts regarding compliance?
Why is it important for companies to be prepared to be challenged by users or courts regarding compliance?
Signup and view all the answers
What is a key principle of obtaining meaningful consent?
What is a key principle of obtaining meaningful consent?
Signup and view all the answers
What is the main focus of Canada's Anti-Spam Legislation (CASL)?
What is the main focus of Canada's Anti-Spam Legislation (CASL)?
Signup and view all the answers
What is the penalty for violating the Do Not Call List (DNCL)?
What is the penalty for violating the Do Not Call List (DNCL)?
Signup and view all the answers
Which of the following is an exemption to the Do Not Call List (DNCL)?
Which of the following is an exemption to the Do Not Call List (DNCL)?
Signup and view all the answers
What is required of telemarketers under the Do Not Call List (DNCL)?
What is required of telemarketers under the Do Not Call List (DNCL)?
Signup and view all the answers
What defines an 'existing business relationship' under the Do Not Call List (DNCL)?
What defines an 'existing business relationship' under the Do Not Call List (DNCL)?
Signup and view all the answers
What is a requirement under PIPEDA for the collection of personal information?
What is a requirement under PIPEDA for the collection of personal information?
Signup and view all the answers
What is the purpose of Canada's Anti-Spam Legislation (CASL)?
What is the purpose of Canada's Anti-Spam Legislation (CASL)?
Signup and view all the answers
Under the Do Not Call List (DNCL), how long does a telemarketer have to implement a request to be added to the 'do not call' list?
Under the Do Not Call List (DNCL), how long does a telemarketer have to implement a request to be added to the 'do not call' list?
Signup and view all the answers
What is a consequence of non-compliance with PIPEDA?
What is a consequence of non-compliance with PIPEDA?
Signup and view all the answers
Which of the following is NOT an exemption to the Do Not Call List (DNCL)?
Which of the following is NOT an exemption to the Do Not Call List (DNCL)?
Signup and view all the answers
What is a principle of PIPEDA that ensures the accuracy of personal information?
What is a principle of PIPEDA that ensures the accuracy of personal information?
Signup and view all the answers
What is a right of the user under PIPEDA?
What is a right of the user under PIPEDA?
Signup and view all the answers
What is an example of a sensitive question under PIPEDA?
What is an example of a sensitive question under PIPEDA?
Signup and view all the answers
What must a company do with personal information after the initial purpose is complete?
What must a company do with personal information after the initial purpose is complete?
Signup and view all the answers
What is a challenge for companies under PIPEDA?
What is a challenge for companies under PIPEDA?
Signup and view all the answers
What is a principle of PIPEDA that ensures companies are responsible for personal data?
What is a principle of PIPEDA that ensures companies are responsible for personal data?
Signup and view all the answers
Study Notes
Information and Privacy Commissioner of Ontario
- The Information and Privacy Commissioner of Ontario can be found at https://www.ipc.on.ca/
- The Competition Bureau can be found at https://www.priv.gc.ca/en/for-individuals/
AI Facial Recognition Technology
- AI facial recognition technology raises concerns about personal data security
- It is unclear whether facial recognition technology is considered personal data
- The use of AI facial recognition technology in public and private spaces raises concerns about data privacy and security
PIPEDA
- The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law that applies to organizations that collect, use, or disclose personal information for commercial activity
- PIPEDA is enforced by the Office of the Privacy Commissioner of Canada
- PIPEDA applies across Canada, but some provinces have similar legislation (BC, AB, and QC)
Role of the Privacy Commissioner
- The Privacy Commissioner investigates all complaints, but may discontinue if the complainant's issue is trivial or frivolous
- The Commissioner seeks to educate companies on compliance matters
- The Commissioner resolves issues outside of the Federal Court
- Companies that obstruct the Commissioner's investigation or destroy records face a maximum penalty of $100,000 per case
Personal Information
- PIPEDA defines personal information as "information about an identifiable individual"
- Corporate information, such as name, title, business address, and telephone number, is not protected by PIPEDA
- Personal information includes information that is not publicly disclosed, such as credit card information and personal data
PIPEDA Mandates
- Businesses must clearly state their intentions and practices for the use of personal information
- Individuals must consent to the collection, usage, or disclosure of their personal information for commercial activity
- Limits the collection of personal information to what is necessary to identify the person
- Personal info must be collected by fair and lawful means
PIPEDA Challenges for Companies
- Poorly designed websites can allow hackers to access backdoors to consumer and business data
- Businesses must clearly state their intentions and needs for consumer data and allow consumers to say "no"
- PIPEDA limits the retention of personal data and requires data to be destroyed or rendered anonymous after the initial purpose is complete
- Data breaches are a common concern
Additional Requirements under PIPEDA
- Users have the right to access their personal information from within the company
- Users have the right to correct and update their information
- Users have the right to access an organization's privacy policies and practices
Ten Principles of PIPEDA
- Accountability: Ensure compliance with how personal data is used under PIPEDA
- Identifying Purposes: Data is used to identify the user and only that user
- Consent: The user must consent to the collection of personal information by the company
- Limiting Collection: User data is collected only for an intended purpose
- Limiting Use, Disclosure, and Retention: Consent is needed if a business wishes to use personal information for other uses
- Accuracy: Data must be accurate, complete, and current as necessary for the identified purpose
- Safeguards: Companies need to implement physical, organizational, and technological safeguards to protect users' data
- Openness: Company policies allow the user full access to their data
- Individual Access: The user must be given access to personal information and the ability to correct inaccuracies
- Challenging Compliance: Organizations must ensure compliance and be prepared to be challenged by users or courts
Consent – Opt-in/Opt-out
- Language needs to be clear on consent and cannot be vague
- Opt-out: Users must check a box to decline consent
- Opt-in: Users must actively give consent
- Against the law: Pre-checking the opt-in box is not allowed
- Alternatives to consenting to company policies must be provided
Exceptions to PIPEDA
- A business may need to disclose personal info without the person's consent in certain situations, such as:
- Breach of agreement or contract
- Court subpoena, warrant, or order
- Emergency threatening a person's life, health, or security
- Information collected from a public source
- Data gathered from a third party regarding the delivery of flowers
Bill C-27 – Digital Charter Implementation Act
- Bill C-27 contains three proposed Acts related to consumer privacy, data protection, and AI systems
- The proposed Acts are:
- The Consumer Privacy Protection Act (CPPA)
- The Personal Information and Data Protection Tribunal Act (PIDPTA) – Updates for PIPEDA
- The Artificial Intelligence and Data Act (AIDA)
- Bill C-27 is still in process and has been in development since 2022
Is Your Data the New Currency?
- Tough new laws around the world, such as GDPR and CCPA, are being enforced to protect consumer data
- Marketers need to realize the shift and adapt to new laws and regulations
Collecting a Child's Information
- PIPEDA is largely silent on marketing to children, but some provinces have legislation in place (BC and AB)
- Most companies follow the CMA Code of Ethics and Standards of Practice on marketing to children under 13
- Do children understand consent?
Canada's Anti-Spam Legislation (CASL)
- Pertains to commercial electronic messages (email, text, SMS)
- Must provide an unsubscribe mechanism
- Strict legislation to protect the public, with violators facing penalties of $10 million, plus individual damages of $200 - $1 million per day
Privacy and Telemarketers
- Do Not Call List (DNCL) is managed by the CRTC
- Users can register on DNCL
- Telemarketers must maintain a "do not call" list, and when the request is made, it must be implemented within 14 days
- Violations of the DNCL result in fines of $1,500 per person and $15,000 per company that received the offending calls
Exemptions to DNCL
- Canadian registered charities
- Political parties, riding associations, and candidates
- Newspaper of general circulation soliciting subscriptions
- Organizations conducting market research, surveys, or public opinion polls
- Organizations with whom a consumer has an existing business relationship, defined as:
- Purchased, leased, or rented a product or service from the telemarketer in the last 18 months
- Written contract that is still in effect or has expired within the last 18 months
- Asked a telemarketer about a product or service within the last six months
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the use of AI facial recognition technology in public and private spaces and its impact on data privacy. Discuss potential risks and concerns regarding personal data.
