On May 25, 2010, the federal government introduced two Bills that, if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act.

Bill C-29 would:

• specify the elements of valid consent for the collection, use or disclosure of personal information;
• permit the disclosure of personal information without the knowledge or consent of the individual for prescribed purposes (including identifying an injured, ill or deceased individual and communicating with their next of kin, performing police services and preventing, detecting or suppressing fraud);

• clarify the meaning of lawful authority for the purpose of disclosures to government institutions of personal information without the knowledge or consent of the individual;
• permit organizations, for certain purposes, to collect, use and disclose, without the knowledge or consent of the individual, personal information contained in witness statements related to insurance claims, or produced by the individual in the course of their employment, business or profession;
• permit federal works, undertakings and businesses to collect, use and disclose personal information without the knowledge or consent of the individual to establish, manage or terminate employment relationships; and
• provide a framework for organizations to notify individuals proactively about disclosures of their personal information made in certain circumstances to government institutions; and

Additional amendments to PIPEDA were introduced in Bill C-28, the Fighting Internet and Wireless Spam Act.

Bill C-28 would prohibit the sending of commercial e-mails without prior consent of the recipient and provide a regulatory framework governing the sending of such messages. It would specifically amend PIPEDA to prohibit the collection of personal information by means of unauthorized access to computer systems, and the unauthorized compiling of lists of electronic addresses.

An FTR Now is being prepared.