PIPEDA and PIPA -Statute of Alberta 2003, Part-2

In our last article we discussed PIPA’s applicability and non-applicability and the list of laws that we are required to read and refer along in order to understand the meaning given under PIPA-Alberta.   

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Purpose of PIPA-Alberta 

Like PIPEDA, PIPA also purposes to govern the collection, use and disclosure  of personal information by organization. 

Compliance and Policies under PIPA

An organisation is responsible for personal information which is under its control. When an organization is dealing with an individual’s personal information then the organization is duty bound to comply with the provisions of the act. 

The act mandates that the organization to designate one individual who is to be responsible for the compliance of the act. This provision is similar to GDPR where GDPR guidelines mandates for an appointment of Data Protection Officer for compliance purposes. 

Consent (Division 2)

Consent is a very essential key in the whole Personal Information Protection Act and also under PIPEDA consent is enumerated as one of the essential fair principles among 10 principles.  It is pertinent to note that consent under PIPA can be oral or written but so is not the case with PIPEDA , under PIPEDA consent has to be in writing.

Commissioner (Part 4)

The administration under the act has been authorised to the Commissioner under PIPA -Alberta. The Commissioner is generally responsible for monitoring the administration, conducting investigation, informing the public about the act and receiving comments from the public concerning administration, advice and recommendation to an organization on matters respecting the rights or obligation of an organisation under this act. 

PIPA provides for an extra provincial commissioner to deal with Canada or in respect of another province of Canada, has duties, powers and functions similar to those of the Commissioner.  

Mediation

The act provides that the Commissioner may authorize a person to investigate and attempt to mediate a settlement.  

So now in this article we have dealt with PIPA for Alberta in our upcoming articles and will provide the brief about the laws of other provinces in Canada.