PIPEDA and Receivables Management

Robin Gould-Soil

Receivables Management Association of Canada November 16, 2011

Source: Chris Slane (www.slane.co.nz)

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• OPC oversees the Personal Information Protection and Electronic Documents Act (PIPEDA)• Governs federally regulated private sector

• “Substantially similar” legislation in Quebec, Alberta and BC, and in Ontario for health information

• First decade of PIPEDA has passed, expectations for compliance are high

Privacy Protection Framework in Canada

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OPC proactive on several fronts:

• Investigations• Research and monitoring• Outreach• Collaboration

Regulator Vigilance: More Vital Than Ever

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Privacy Principles

1. Accountability2. Identifying Purposes3. Consent4. Limiting Collection5. Limiting Use, Disclosure

and Retention6. Accuracy7. Safeguards8. Openness9. Individual Access10. Challenging Compliance

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Exceptions to Knowledge or Consent

• Collection

• Use

• Disclosure

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Over-sharing

Third party accountability

Over-collection

Privacy & Receivables Mgmt: Issues & Challenges

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Over-sharing

Third party accountability

Over-collection

Information Accuracy

Access requests

Cross border transfers

Privacy & Receivables Mgmt: Issues & Challenges

Consent8

• Privacy should not be viewed as a restriction that negatively impacts the way you do business

• While extending credit and collecting from current and delinquent customers, their personal information must still be protected

• Need to find right balance of business needs and privacy rights

• Wide range of collection activities can be implemented in a privacy-sensitive way

Finding the Right Balance

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→ Tools and guidelines:– Securing Personal Information:

Self-Assessment Tool– Privacy for Small Business Online Tool– Privacy Handbook for Lawyers – PIPEDA Self-Assessment Tool– And more

Support for Business

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→ Tools and guidelines:– Securing Personal Information:

Self-Assessment Tool– Privacy for Small Business Online Tool– Privacy Handbook for Lawyers – PIPEDA Self-Assessment Tool– Etc.

→ New Toronto office→ Technology Analysis Branch

Support for Business (cont’d)

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On the Legislative Front

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Bill C-12

On the Legislative Front (cont’d)

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Bill C-12

PIPEDA Review II

1) Leadership on priority issueso Online privacyo Public safety

2) Supporting informed privacy decisions

3) Service delivery to individual Canadians

OPC Priorities for 2011-2013

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• Ensure your privacy protection standards are high

• Employee training is key• Don’t over-collect• Implement data de-identification

applications for system administration and analytics

• Continually review policies and practices• Engage with OPC/other regulators, take

advantage of guidance tools

Closing Words

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