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Thursday, April 30, 2015

Manitoba Poised for Private Sector Privacy Law

Manitoba's recently enacted Personal Information Protection and Identity Theft Prevention Act (PIPITPA) will come into effect as soon as it receives royal proclamation, which would make Manitoba the fourth Canadian province with a comprehensive privacy law applicable to the private sector. Unlike Alberta's Personal Information Protection Act (PIPA), PIPITPA includes data breach notification requirements and a private right of action against organizations that fail to protect personal information under their control.  As with the laws in Alberta and British Columbia, PIPITPA does not require consent for the collection of employee personal information, unless such information is unrelated to establishing, managing or terminating the employment relationship.  Given the extent of differences between the Manitoba legislation and the federal Personal Information Protection and Electronic Documents Act (PIPEDA), PIPITPA may not be declared "substantially similar" to PIPEDA, in which case both PIPITPA and PIPEDA would apply to the private sector in Manitoba.  The text and status of the Act may be found here.

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