Canada: Adopted Guidelines for processing personal data across borders (PIPEDA)

In January 2009, the Guidelines for processing personal data across borders have been approved by the Office of the Privacy Commissioner of Canada. The Guidelines aim to expose how the Personal Information Protection and Electronic Documents Act (PIPEDA) regulates the transfers of personal information to domestic or international third parties. The Guidelines expand the definitions of "Transfer" and "Comparable Level of Protection" and specify that once an informed individual has accepted the conditions presented by an organisation willing to transfer data to a third party, the individual does not possess an additional right to refuse to have his/her information transferred. Moreover, the Guidelines precise in more detail the meaning of the PIPEDA's provisions that require organisations to take steps to protect personal information transferred to third-party processors in other countries.