Canada Data Protection Law: Personal and Domestic Use Exemption

The factor of Personal and Domestic Use Exemption is used in determining the law's applicability by excluding data processing activities conducted by individuals for private, personal, household, or family purposes, ensuring that data used in strictly non-commercial contexts remains outside the scope of data protection laws.

Text of Relevant Provisions

PIPEDA Sec.4(2)(b):

"(2) This Part does not apply to (b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose;"

Analysis of Provisions

The Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada specifies that the law does not apply to individuals who collect, use, or disclose personal information for personal or domestic purposes, as long as they do not collect, use, or disclose it for any other purpose (PIPEDA Sec.4(2)(b)). This provision indicates that the law's applicability is limited to commercial activities and does not extend to personal or domestic use of personal information.

Implications

The inclusion of this exemption has significant implications for individuals in Canada. For example, a person who collects and uses personal information for personal or household purposes, such as storing contact information of friends and family, would not be subject to the data protection law.

Conversely, if an individual uses personal information for commercial purposes, such as selling products or services, they would be subject to the law.

For instance, a small business owner who processes personal information for marketing purposes would be subject to the law, whereas a person who uses personal information solely for personal or household purposes would not.

Additionally, organizations that collect, use, or disclose personal information in the course of commercial activities would be subject to the law, regardless of whether they are for-profit or non-profit entities (PIPEDA Sec.4(1)(a)).