An invaluable resource for anyone who deals with personal information in the course of commercial activities or with electronic documents, this 2010 edition of A Guide to the Personal Information Protection and Electronic Documents Act updates you on the latest legislative, judicial and administrative developments. The commentary on this important federal Act comprises two parts: part one covers privacy protection to be accorded to personal information in the private sector; part two describes the legal status that is conferred upon electronic documents, as an alternative to paper documents, in the federal sphere. The book also features related regulations and helpful appendix materials.

 

Features

 

·         Expert commentary on the:

o        Structure, background and purpose of the Act

o        Application of the Act

o        Obligations and prohibitions under the Act with respect to the collection, use and disclosure of personal information and the provision of access to personal information

o        Complaint, investigation, audit and enforcement processes under the Act

o        Use of electronic documents as evidence in federal proceedings

o        Use of electronic documents, signatures and certifications under federal statutes

·         Full text of the Act and the Regulations

·         Full text of the Canadian Standards Association’s workbook on applying the CSA Model Privacy Code, on which a significant part of the Act is based

·         Full text of the Uniform Electronic Evidence Act and official commentary

·         Full text of the Uniform Electronic Commerce Act and official commentary

 

New in This Edition

 

Discussion of recent judicial decisions and of recent findings of the Privacy Commissioner of Canada, under the Act, including:

 

·         The Supreme Court of Canada decision in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, (2008) 2 S.C.R. 574, denying the Privacy Commissioner the authority to order the production of documents, in the course of an investigation under the Act, when the documents are claimed to be protected by solicitor-client privilege

·         The Federal Court of Appeal decision in Wyndowe v. Rousseau (2008), 373 N.R. 301 (Fed. C.A.), affirming the right of an individual under the Act to have access to the notes of a doctor generated in the course of an independent medical examination of the individual conducted at the request of an insurance company by which the individual was insured

·         The Federal Court decision in Johnson v. Bell Canada (2008), 299 D.L.R. (4^th) 296 (F.C.), concluding that the Act does not apply in respect of personal information about an employee of an organization contained in personal e-mails exchanged between fellow employees, using the organization's computer system

•   The findings of the Privacy Commissioner in CPIPPIC v. Facebook Inc. with respect to the use of personal information by Facebook, in connection with the operation of its social networking website, for targeted advertising purposes

 

Who Will Benefit

 

·         Organizations that collect, use, maintain or disclose personal information, including Financial institutions, professional firms, private health care providers, private educational institutes, communication service providers, private investigators, consumer reporting agencies and all manner of businesses that have occasion to handle personal information

·         Individuals who want to:

o        Ensure the protection and appropriate use of their personal information that is collected or generated in connection with the purchase of goods or services, employment or any other activity

o        Gain access to, and ensure the accuracy of, such information 

·         Information managers in private sector organizations

·         Legal practitioners including corporate and commercial lawyers, IP lawyers, information technology specialists, telecommunications and media lawyers, health lawyers, litigators, and in-house lawyers

·         Compliance and privacy officers