There have been a lot of opinions, whether it has been verbal or printed, revolving around data custody and Canadian users, businesses and enterprise hoping to house data physically within Canada. This has continued to be a growing matter because data is subject to foreign laws if it is physically stored in a U.S.based cloud (i.e., The Patriot Act) and will thus fall out of Canadian protection. However, many organizations that are migrating from a U.S.-based cloud such as AWS or Google Compute wonder, “What sort of protection their data is afforded within Canadian jurisdiction?”

PIPEDA stands for The Personal Information Protection and Electronic Documents Act, and selected as the legislative stimulus in determining Canadian data custody. Though, what sort of protection does PIPEDA motion?

Only enforced in Canada, PIPEDA was created to safeguard the confidentiality of Internet users. In short, PIPEDA regulates online organizations by governing the way in which they use secluded or distinguishable information. The information provided to organizations is used strictly for the purpose that it was agreed upon. This information is disclosed from third parties unless the user approves otherwise. Read more about the importance of data privacy here and here.

PIPEDA permits for a complaint process associating organizations such as the Privacy Commissioner of Canada should you feel that your information was exploited or used in a matter unknown to you. PIPEDA does not offer the legal grounds to sue an organization. Once partnered with the Privacy Commissioner of Canada, a report will be created, which expresses findings. Should a lawsuit be filed, this report does not provide a means to gather payment, but it can be used.

PIPEDA is important in the sense that organizations are becoming more and more accessible through the use of public, private and hybrid could solutions. It is necessary to understand the procedures and terms of service of any cloud provider to ensure that data is in corporate compliance/data handling policies formed by PIPEDA.

To understand your cloud rights, contact a member of our sister cloud, AURO here and learn how we take care of your data in a Canadian-based data centre.

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