Does PIPEDA apply to non-Canadians? It’s a common question.
PIPEDA applies to organizations that collect, use, or disclose “personal information” in the course of a commercial activity. The definition of “personal information” does not specify the residency of the individual to whom the personal information must relate. As a result, organizations are well-advised to manage their personal information holdings in accordance with all of the obligations set forth in PIPEDA regardless of the residency of the individuals to whom information relates. If they don’t, non-Canadians (including U.S. residents) may initiate privacy complaints to the Office of the Privacy Commissioner of Canada.
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