Extraterritorial Enforcement of Pipeda: A Multi-Tiered Analysis
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EXTRATERRITORIAL ENFORCEMENT OF PIPEDA:
A MULTI-TIERED ANALYSIS
Leah E. Frazier*
I. INTRODUCTION
In April of 2000, the Canadian House of Commons passed Bill C-
6, the Personal Information Protection and Electronic Documents
Act (PIPEDA or the Act).' The passage of PIPEDA marked a huge
milestone in the development of Canadian privacy law because pre-
vious laws only regulated the public sector.2 This federal statute,
pursuant to ten provisions contained in the Canadian Standards
Association Model Code for the Protection of Personal Informa-
tion,3 seeks to protect privacy by requiring an individual's consent
before her personal data is used, collected, transferred, or
released.4 Criminal or civil penalties may be imposed on organiza-
tions that violate PIPEDA provisions.5
PIPEDA was enacted partially in reaction to a similar European
Union (E.U.) information policy directive.6 Another impetus for
the enactment of PIPEDA was the Canadian population's concern
* Ms. Frazier currently clerks for Justice William S. Cooper of the Supreme Court of
Kentucky. She is licensed to practice in Maryland. B.A., Liberty University 2000; J.D., The
George Washington University Law School 2003.
1. Personal Information Protection and Electronic Documents Act, 2000, ch. 5
(2000) (Can.) [hereinafter PIPEDA].
2. John Beardwood & Ian C. Kyer, Electronic Commerce in Canada: Building a Federal
Regime; New Legislation is Just the First the First Piece of the Puzzle That Will Govern, COMPUTER L.
STRATEGIST, Jan. 1999, at 1, 3.
3. MODEL CODE FOR THE PROTECTION OF PERSONAL INFORMATION Q830-96 (Can. Stan-
dards Ass'n 2001).
4. J. Fraser Mann, Canadian Parliament Enacts Privacy Legislation, CYBERSPACE LAW.,
Apr. 2000, at 9, 10.
5. PIPEDA, supra note 1, at Part 1, Division 4.
6. Michael Fitz-James, Get Ready to Hire a Chief Privacy Officer: Stringent Data-Protection
Standards Arrive in North America, CORP. LEGAL TIMES, June 2001, at 14, 16. The most nota-
ble difference between Canada's initiative and that of the European Union is that the E.U.
law only applies to its citizens' personal information. PIPEDA, however, does not make
such a distinction based on citizenship; its provisions protect the personal information of
non-Canadians as well. Id. at 16.](ViewImageLocal?handle=hein.journals/gwilr36&div=15&collection=&method=preview&ext=.png&size=3)
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Extraterritorial Enforcement of Pipeda: A Multi-Tiered Analysis
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