PIPEDA and Receivables Management Robin GouldSoil Receivables Management

PIPEDA and Receivables Management Robin Gould-Soil Receivables Management Association of Canada November 16, 2011

Source: Chris Slane (www. slane. co. nz) 1

Privacy Protection Framework in Canada • OPC oversees the Personal Information Protection and Electronic Documents Act (PIPEDA) • Governs federally regulated private sector • “Substantially similar” legislation in Quebec, Alberta and BC, and in Ontario for health information • First decade of PIPEDA has passed, expectations for compliance are high 2

Regulator Vigilance: More Vital Than Ever OPC proactive on several fronts: • • Investigations Research and monitoring Outreach Collaboration 3

Privacy Principles 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Accountability Identifying Purposes Consent Limiting Collection Limiting Use, Disclosure and Retention Accuracy Safeguards Openness Individual Access Challenging Compliance 4

Exceptions to Knowledge or Consent • Collection • Use • Disclosure 5

Privacy & Receivables Mgmt: Issues & Challenges Over-collection Over-sharing Third party accountability 6

Privacy & Receivables Mgmt: Issues & Challenges Cross border transfers Over-collection Over-sharing Access requests Information Accuracy Third party accountability Consent 7

Finding the Right Balance • Privacy should not be viewed as a restriction that negatively impacts the way you do business • While extending credit and collecting from current and delinquent customers, their personal information must still be protected • Need to find right balance of business needs and privacy rights • Wide range of collection activities can be implemented in a privacy-sensitive way 8

Support for Business → Tools and guidelines: – Securing Personal Information: Self-Assessment Tool – Privacy for Small Business Online Tool – Privacy Handbook for Lawyers – PIPEDA Self-Assessment Tool – And more 9

Support for Business (cont’d) → Tools and guidelines: – Securing Personal Information: Self-Assessment Tool – Privacy for Small Business Online Tool – Privacy Handbook for Lawyers – PIPEDA Self-Assessment Tool – Etc. → New Toronto office → Technology Analysis Branch 10

On the Legislative Front → Bill C-12 11

On the Legislative Front (cont’d) → Bill C-12 → PIPEDA Review II 12

OPC Priorities for 2011 -2013 1) Leadership on priority issues o o Online privacy Public safety 2) Supporting informed privacy decisions 3) Service delivery to individual Canadians 13

Closing Words • Ensure your privacy protection standards are high • Employee training is key • Don’t over-collect • Implement data de-identification applications for system administration and analytics • Continually review policies and practices • Engage with OPC/other regulators, take advantage of guidance tools 14