The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Monday, August 08, 2005

PIPEDA Case Summary #309: Daycare denied parent access to his personal information

The Assistant Privacy Commissioner of Canada has recently released a finding that addresses the question of whether PIPEDA applies to "not for profit" organizations. In this case, an individual was seeking access to personal information in the custody of a daycare. The Assistant Commissioner concluded that PIPEDA does apply to this daycare as it was not municipally run:

Commissioner's Findings - PIPEDA Case Summary #309: Daycare denied parent access to his personal information - April 18, 2005:
"...The first matter that needed to be determined in this case was the issue of jurisdiction. Daycare officials said that the centre was a non-profit organization subsidized by city funding. They also claimed that the centre was subject to provincial and municipal legislation. This Office confirmed that the centre is not a municipal-run day care. We also found that there was a commercial activity involved, namely, payment for child care services. As such, this Office determined that the daycare was subject to the Act...."

This finding is interesting and could be instructive but ... the dearth of details about this particular daycare leaves little assistance in trying to surmise whether a particular organization is in or out of PIPEDA. My local YMCA runs a daycare that charges for its services. Commercial activity? The university up the street has a daycare. Commercial activity? Sadly, this summary of the Assitant Commissioner's decision provides almost no help for answering those questions, which pop up with surprising regularity.

Labels: information breaches, pipeda findings, privacy