Amendments to PIPA tabled, including breach notification and regulation of export of personal information

Yesterday (October 27, 2009), the Alberta Government introduced Bill 54, the Personal Information Protection Amendment Act, 2009. The Bill includes notification requirements for export of personal information to a service provider outside of Canada and breach notification.

The principal export provision is:

Notification respecting service provider outside Canada

13.1(1) Subject to the regulations, an organization that uses a
service provider outside Canada to collect personal information
about an individual for or on behalf of the organization with the
consent of the individual must notify the individual in
accordance with subsection (3).

(2) Subject to the regulations, an organization that, directly or
indirectly, transfers to a service provider outside Canada
personal information about an individual that was collected
with the individual’s consent must notify the individual in
accordance with subsection (3).

(3) An organization referred to in subsection (1) or (2) must,
before or at the time of collecting or transferring the
information, notify the individual in writing or orally of

(a) the way in which the individual may obtain access to
written
information about the organization’s policies and
practices with respect to
service providers outside
Canada, and

(b) the name or position name or title of a person who is
able to answer
on behalf of the organization the
individual’s questions about the
collection, use,
disclosure or storage of personal information by service
providers outside Canada for or on behalf of the
organization.

(4) The notice required under this section is in addition to any
notice required under section 13.

Permitted "as required by law" disclosures are now limited to required by Canadian or Alberta law.

The breach notification provisions require notice to the Commissioner and the Commissioner may order that individuals be notified.

I'm sure we'll be hearing more about this. Here's an extract from yesterday's Hansard:



ISYSweb 8 Search Results for Bill 54

Bill 54

Personal Information Protection Amendment Act, 2009

Mr. Denis: Thank you very much, Mr. Speaker. I rise to introduce
Bill 54, the Personal Information Protection Amendment Act, 2009.
Mr. Speaker, this bill is a direct result of the hard work of the
SelectSpecialPersonalInformation Protection ActReviewCommittee,
an all-party special committee of the Legislature that in 2006
undertook a complete review of the act and tabled a report to the
Legislature in November 2007 outlining recommendations for
amendments. This bill incorporates a number of their proposed
amendments.The main proposals for change include emerging issues such as
notifying the commissioner or individuals about security breaches
that place personal information at risk and informing individuals
when services involving personal information are occurring outside
of Canada. Mr. Speaker, as required for any new legislation in a
rapidly evolving area, this bill also does some updating and finetuning
of the existing provisions of this act.

Thank you very much, Mr. Speaker.

[Motion carried; Bill 54 read a first time]

The Speaker: The hon. Government House Leader.

Mr. Hancock: Thank you, Mr. Speaker. I move that Bill 54 be
moved onto the Order Paper under Government Bills and Orders.

[Motion carried]

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