Canada
While some personal information is generally considered sensitive (e.g., health information), sensitivity can also depend on the context. Sexual orientation, ethnic and racial origins, children's information, religious information, political affiliations, genetic and biometric data, and/or information affecting a person's reputation have all been considered sensitive information. Other examples of types of personal information are: photographs and video surveillance; facial recognition and facial detection; location data (e.g., GPS and RFID); and employee and employee work product information. 2 .1.3. Treatment of data and its different categories Organizations are expected to comply with PIPEDA when dealing with personal information and use a higher level of care when the information is sensitive in nature. Information that does not identify an individual or is anonymous is generally not subject to PIPEDA. PIPEDA does not explicitly address personal information that has been de-identified, however, it also does not distinguish de-identified from anonymized information. If enacted, the CPPA would define and regulate de-identified and anonymized information (which are
to be defined as two distinct concepts). 2.2. Statutory exemptions The following are exempt from PIPEDA: personal information that is handled by the federal organizations listed under the Privacy Act; provincial or territorial governments and their agents; business contact information that is collected, used, or disclosed solely for the purpose of communicating with that person in relation to their employment; an individual's collection, use or disclosure of personal information strictly for personal purposes; and an organization's collection, use or disclosure of personal information solely for journalistic, artistic, or literary purposes. 2.3. Territorial and extra-territorial application PIPEDA applies across Canada unless an organization is operating in a province with legislation that has been deemed substantially similar to PIPEDA. PIPEDA may also apply to organizations outside Canada if there is a real and substantial connection to Canada.
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