Page Content
PIPA remains in place for the next 12 months
On November 15, the Supreme Court of Canada issued its landmark and much-anticipated ruling in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 [2013 SCC 62].
The matters before the court centred on Alberta’s Personal Information Protection Act (PIPA). The court was asked whether or not PIPA unduly restricted the union’s right to freedom of expression during a labour strike. Did PIPA strike the right balance between the rights of the union to collect, use and disclose personal images and the individual’s right to personal privacy?
The dispute arose when the United Food and Commercial Workers (UFCW) Local 401 recorded and photographed people crossing its picket line at the jobsite. Images of identifiable persons are considered “personal information” under PIPA. Several people whose images were captured filed a complaint with Alberta’s Privacy Commissioner that the union’s activities had contravened PIPA.
The Alberta Privacy Commissioner initially ruled that UFCW’s activities had violated PIPA. UFCW responded by asking first the Court of Queen’s Bench and then the Court of Appeals to review that ruling. Both courts agreed that PIPA was the problem and ruled that parts of the act violated UFCW’s rights to freedom of expression under the Canadian Charter of Rights and Freedoms. The Privacy Commissioner appealed the decision to the Supreme Court of Canada. In its November 15 decision, the Supreme Court instead chose to invalidate PIPA as unconstitutional in its entirety, with a 12-month delay. That ruling gives the Alberta legislature 12 months to replace or amend PIPA.
The importance of this ruling for the Canadian private sector privacy regime can’t be overstated. Nevertheless, at this early date, no one can predict the full depth and breadth of the changes to come. Much legislative and litigation activity will follow as lower courts and litigants make sense of the Supreme Court’s decision. Privacy professionals will be watching the ensuing legislative processes carefully. For now, PIPA remains in place for the next 12 months. ❚
Margaret Shane is the ATA records and information manager, privacy officer and archivist.
