Manitoba Enacts New Privacy Legislation

October 7th, 2013 by

This blog is written by Meghan Ferguson.

On September 12, 2013, Manitoba’s Legislative Assembly passed The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA”)This makes Manitoba the third province to pass privacy legislation.  British Columbia and Alberta have already passed privacy legislation.

confidential-information-torontoMost provinces do not have privacy legislation. Organizations look to the federal Personal Information Protection and Electronic Document Act (PIPEDA) for rights and obligations with respect to personal information. Enacted in the year 2000, PIPEDA applies to the collection, use and disclosure of personal information by organizations in the course of commercial activities.  It also applies to the employment relationship in federal works, businesses, or undertakings (i.e. banks, telecommunication companies). However, PIPEDA does not apply to the employment relationship in a provincially regulated business.

Manitoba’s PIPITPA will be of particular interest to organizations that have operations in that province.  To be compliant with PIPITPA, an organization doing business in Manitoba must:

  • have processes in place to ensure that personal information is only used, collected and disclosed for purposes that are reasonable;
  • obtain consent to collect, use and disclose personal information , if required under the Act; and
  • develop policies to address the requirements under PIPITPA.

Special rules apply to personal employee information under PIPITPA.  Interestingly, under the Act, the definition of employee includes volunteers for an organization. There are also special rules governing the use of personal information in a sale of a business. PIPITPA has not yet come into force.

Organizations should ensure that their privacy policies and practices are up to date and compliant with applicable law. Visit our Employment Law page for more information about our services and lawyers.

For a copy of PIPITPA, please visit http://web2.gov.mb.ca/bills/39-3/b219e.php


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