Why should I be concerned about privacy law? On January 1, 2004, Canada's new privacy legislation, the Personal Information Protection and Electronic Documents Act (known as PIPEDA), came into full effect. PIPEDA governs the collection, use and disclosure of personal information by a business in a manner that recognizes the right of privacy of individuals and ensures that the sensitivity of personal information is respected.

If you are uncertain whether your small or medium sized business needs a privacy policy, please do not hesitate to ask us. Our privacy law services are performed on an affordable flat-fee basis: that means you can worry about expanding your business and developing new client contacts - and we'll worry about your compliance with PIPEDA and preparing a privacy policy that suits your business.

Our services include:

• Performing a PIPEDA internal audit or assessing your existing privacy policies
• Developing a business-wide privacy policy and consent mechanism to collect, use and disclose personal information, and establishing a complaints process
• Promoting accountability by working with your Chief Privacy Officer to ensure the business' on-going compliance with PIPEDA
• Providing periodic in-house seminars to educate your Chief Privacy Officer about recent legislative or legal developments and to ensure continued adherence to the privacy policy

What is personal information? Personal information includes an individual's home address, home telephone number, race, age, marital status, religion, employment history, financial status, donor history and assets. For most businesses, the information collected and used to assess the employability of an individual or to confirm the credit history of a client will be subject to the provisions of PIPEDA.

Does PIPEDA apply to your organization? PIPEDA will apply to most organizations and businesses in Ontario that are engaged in "commercial activity". Commercial activity means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character. This includes the collection of personal information from clients, employees, donors, board members and exhibitors. You must also comply with PIPEDA if your business sells promotional items, food and clothing, operates a related business or sells, leases or trades membership/donor lists.

How do I comply with PIPEDA? It is important to first review your existing procedures for collecting and maintaining personal information. Regardless of whether information is in paper or electronic format, your methods of collecting, using and protecting personal information must comply with the new privacy laws. If you do not fully understand the provisions and principles embodied in PIPEDA, it is strongly recommended that you retain the services of a competent lawyer with knowledge and understanding of privacy law.