Home > Data Protection Act, News, Personal Privacy > Canada Proposes PIPEDA Amendments – How will this impact employee screening?

Canada Proposes PIPEDA Amendments – How will this impact employee screening?


On September 29, 2011, the Canadian Parliament reintroduced amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) as Bill C-12, Safeguarding Canadians’ Personal Information Act.

The proposed changes serve to modernize the requirements for handling personal information, taking into account changes in technology as well as the limitations of the current legislation in the face of certain business realities.

Proposed Amendments
Bill C-12 proposes numerous amendments to PIPEDA. Of particular significance are
the following:

  • disclosure of personal information without consent in the context of business transactions;
  • exclusion of “business contact information” from the obligations in PIPEDA in certain circumstances; and
  • mandatory notification to the Privacy Commissioner and affected individuals of material breaches of PIPEDA.

Conclusion: the good news from our assessment for those companies operating within the guidelines of the US Safe Harbor as well as EU Data Protection Directives the new amendment should it pass will have little effect.

Recommendation: Ensure hiring staff in fact obtain copies of written consent from candidates to collect and subsequent permission prior to collecting and conducting any background checks on personnel.

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