by MightyDread » Sat May 02, 2009 10:14:40 PM
average_joe
Q. If they were in breach what would be the repercussions for them.
Here is What I found on the website of Brooks Law, a Toronto-based business law firm:
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Unless a complaint is lodged against your business, little will likely happen. Though the Privacy Commissioner cannot penalize for noncompliance
or force businesses to implement its measures, companies that do not abide by the act’s requirements take risks.
The Commissioner’s mandate is to investigate complaints received about a business’ privacy practices. To this end, the Commissioner has been given broad powers to investigate, mediate and conciliate complaints. If appropriate, the Commissioner would produce a report requesting particular remedial measures. Mostly though, the Commissioner negotiates and works with businesses to remedy non-compliance. The Commissioner is also empowered to publicly reveal information concerning a business’ privacy practices, or lack thereof, but has so far eschewed such a policy. The report may be taken to the Federal Court for implementation, whereupon the court may also order unlimited damages to the complainant, including punitive damages for humiliation.
There are also “offences” under PIPEDA of which businesses should be aware. It is an offence to (i) destroy personal information that has been requested; (ii) retaliate against an employee who has lodged a complaint or refuses to contravene certain sections of PIPEDA; and (iii) obstruct the Commissioner’s investigation. Such offences are punishable by fines of up to $100,000.00.
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