First Nations Data Sovereignty and the Personal Information Protection and Electronic Documents Act (PIPEDA)

Organization

First Nations Information Governance Centre (FNIGC)

Published

2022

Project Leader(s)

Aaron Franks, Senior Research Manager

Summary

After a careful analysis of the Personal Information Protection and Electronic Documents Act (PIPEDA) the authors drafted two key documents to further First Nations understanding of the legislation and the potential implications to First Nations Data Sovereignty.

The first is an Issue Paper that details the application of PIPEDA to First Nations businesses, governments, and organizations, while providing an overview of the Act. The analysis is conducted from a lens that considers the implications of the legislation on First Nations Data Sovereignty as well as the First Nations Principles of Ownership, Control, Access, and Possession (OCAP®). The paper concludes with a critique and potential roadmap for Canadian private sector privacy law reform that is supportive of First Nations Data Sovereignty.

The second document is a plain language guide to PIPEDA specifically designed for First Nations business owners. The guide outlines the responsibilities of business owners under PIPEDA and explores how this may intersect with local First Nation laws and processes. The imagery used throughout the guide is original First Nations art that showcases the importance of protecting the privacy of personal information.

Project deliverables are available in the following language(s)

English

• A First Nations Guide to the Personal Information and Electronic Documents Act (PIPEDA)
• PIPEDA and First Nations: Applications and Reform

OPC Funded Project

This project received funding support through the Office of the Privacy Commissioner of Canada’s Contributions Program. The opinions expressed in the summary and report(s) are those of the authors and do not necessarily reflect those of the Office of the Privacy Commissioner of Canada. Summaries have been provided by the project authors. Please note that the projects appear in their language of origin.

Contact Information

Aaron Franks, Senior Research Manager, OCAP® and Information Governance
E-mail: Aaron Franks
T: 613-371-2100 or toll-free at 866-997-6248
Head office: 341 Island Road, Unit D, Akwesasne, ON  K6H 5R7
Ottawa office: 180 Elgin Street, Suite 1200, Ottawa, ON  K2P 2K6
First Nations Information Governance Centre