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Federal government re-introduces amendments to PIPEDA that address employee personal information

Topics: - PIPEDA - Privacy
Jurisdiction: - Canada/Federal

The federal government recently re-introduced legislation - Bill C-12, Safeguarding Canadians' Personal Information Act -  to amend the federal Personal Information Protection and Electronic Documents Act ("PIPEDA").

Once passed, the amendments will make the rules around employee personal information clearer for employers and, in some case, more employer friendly.

The same amendments were introduced in May 2010 but expired or died on the order paper when the federal election was called and Parliament was dissolved in March 2011. See my previous entry here: Federal government introduces long awaited amendments to PIPEDA.

The government's September 29, 2011 news release announcing the re-introduction of the amendments can be found here: Government of Canada Moves to Enhance Privacy of Individuals during Commercial Transactions.

The Backgrounder that accompanies the news release summarizes the amendments pertaining to employees as follows:

Streamlining Rules for Business

In its October 2007 Response to the Report of the Standing Committee on Access to Information, Privacy and Ethics, the government committed to supporting business by providing greater clarity and certainty with respect to key provisions of PIPEDA. The Bill proposes exceptions to consent for the collection, use and disclosure of information needed for, among others, managing the employment relationship, information produced for work purposes ("work product") and information used for due diligence in business transactions. Organizations will also be able to share and use business contact information that is required to conduct day-to-day business.

In addition, a new provision allowing the disclosure of personal information without consent for private sector investigations and fraud prevention will replace a regulatory process that has been burdensome for small and medium-sized organizations.

A Q&A prepared by the federal government can be found here.

A bulletin written by two lawyers at Torys - Patrick Flaherty and Adam Freedman - can be read here: "Canada Proposes PIPEDA Amendments - Again (September 30, 2011).

To date, the bill has not progressed past First Reading.