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Canadian privacy law


Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms.

Canadian privacy law has evolved over time into what it is today. The first instance of a formal law came when, in 1977, the Canadian government introduced data protection provisions into the Canadian Human Rights Act. In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security of the person" and "the right to be free from unreasonable search or seizure", but did not directly mention the concept of privacy. In 1983, the federal Privacy Act regulated how federal government collects, uses and discloses personal information. Throughout the late 1990s and 2000s, privacy legislation placed restrictions on the collection, use and disclosure of information by provincial and territorial governments and by companies and institutions in the private sector.

The Privacy Act, passed in 1983 by the Parliament of Canada, regulates how federal government institutions collect, use and disclose personal information. It also provides individuals with a right of access to information held about them by the federal government, and a right to request correction of any erroneous information.

The Act established the office of the Privacy Commissioner of Canada, who is an Officer of Parliament. The responsibilities of the Privacy Commissioner includes supervising the application of the Act itself.

Under the Act, the Privacy Commissioner has powers to audit federal government institutions to ensure their compliance with the act, and is obliged to investigate complaints by individuals about breaches of the act. The Act and its equivalent legislation in most provinces are the expression of internationally accepted principles known as "fair information practices." As a last resort, the Privacy Commissioner of Canada does have the "power of embarrassment", which can be used in the hopes that the party being embarrassed will rectify the problem under public scrutiny


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