Alberta’s PIPA was recently declared unconstitutional by the Supreme Court of Canada (“SCC”) in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. In reading the decision, the issue appears to be the broad, circular definition of “personal information” in that statute. Since a similar definition of personal information is found in the federal, BC […]

Under PIPEDA, “lawful authority” arises as a preliminary matter when an organization is approached for a request for personal information by a “government institution or part thereof”. While a “clarification” of “lawful authority” is one of the proposed amendments to PIPEDA, the issue is really about whether organizations should disclose to law enforcement authorities. While […]