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KineticD Whitepaper: PIPEDA and Online Data Backup
The cloud computing era has seen a phenomenal growth of the data backup service industry. Backup service providers, by nature of their business, are compelled to collect valuable personal information about their subscribers, and it is critical that this information is kept private, secure and inaccessible to unauthorized individuals at all times.
Now this is also legally mandated by the Privacy of Information Protection and Electronic Documents Act (PIPEDA). Service providers who fail to safeguard the personal information entrusted to them by their customers by not complying with the provisions of this act may find themselves facing liability claims and fines, along with the potential of a devastating loss of customer confidence.
2. PIPEDA Provisions
3. The Rights of the Individual or Enterprise Under PIPEDA
4. Legal Compulsions Under PIPEDA for Backup Service Providers
5. Exceptional Circumstances for the Disclosure of Information
6. Where PIPEDA Does Not Apply
7. Implementing PIPEDA
8. The Impact of PIPEDA
There is no doubt about it; the modern era of the internet has ushered in a permanent and universal need for constant electronic communication between individuals and businesses. For this reason, legislation has been passed in the European Union, the United States of America, Japan, Hong Kong, Dubai, Australia and New Zealand to make electronic commerce safer and more efficient, with an emphasis on protecting the individual’s right to privacy and security of their personal information that they entrust to businesses. PIPEDA was introduced on the 1st of January, 2004 in Canada for this very reason, bringing Canada in alignment with the requirements of the European Union (EU), as well as many other nations around the world where privacy of personal information is mandated by law. In addition to this, PIPEDA was further strengthened by the amending of the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act, all of which served to help safeguard the transfer and usage of information between businesses and individuals in Canada.
PIPEDA aims to create a legal framework concerning the individual’s right to privacy of …
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