Businesses don’t have privacy rights
March 16th, 2009. Published under My Recent Reads. No Comments.
pulled from Google Reader (click on title for original post)
If you’re a privacy professional you will know that Canada’s privacy laws are in place to protect the privacy rights of individuals, not businesses.
Despite this fact and that Canada’s federal privacy law, PIPEDA, has been in force since 2001, it’s surprising how many others are confused on this point.
For instance, I recently had a client make an information request to an organization for access to corporate information. When the organization responded, they denied access to the requested information and claimed that PIPEDA required that they do so in order to protect the privacy interests of a business.
There may be circumstances where organizations have other legitimate reasons for denying access to certain information. There may also be circumstances where privacy laws such as PIPEDA should be cited in denying access to certain business records where releasing the information could unlawfully disclose the personal information of another individual. Organizations should not, however, cite Canada’s privacy laws as a justification to deny access to information requests on account of the privacy rights of a business.
If you encounter this scenario you may be dealing with someone who either doesn’t understand privacy laws or who is perhaps being disingenuous. After all, the general thrust of Canada’s privacy laws is to encourage organizations to create a culture of privacy in order to protect the privacy of individuals whose personal information is collected, used, retained or disclosed by such organizations.
Posted in Access to Information, Due Diligence, PIPEDA, Privacy Tagged: Access to Information, Businesses, Corporate Information, PIPEDA, Privacy 
