Advisories
Advisory 16
Privacy Legislation - Personal Information Protection
and Electronic Documents Act
Effective January 1, 2004 the Federal Personal
Information Protection and Electronic Documents
Act (PIPEDA) will apply to all provincially incorporated
entities including all credit unions and caisses
populaires.
We have reviewed our obligation to credit unions
under PIPEDA primarily when dealing with member
records when doing loan reviews as well as a credit
union under supervision to the Corporation. We have
had our corporate solicitor review this matter and
in their opinion "I have concluded that PIPEDA will
not apply to NSCUDIC's activities undertaken further
to its responsibilities under the Credit Union Act".
PIPEDA is legislation intended to govern the handling
of personal information by private organizations
in the course of commercial activities. NSCUDIC
is a public body within the meaning of the Freedom
of Information and Protection of Privacy Act (FOIPOP)
and Section 4(2) expressly states that PIPEDA does
not apply to:
A) any government institution to which
the FOIPOP applies;
This letter should be retained with your credit
union privacy records as evidence that you have
taken the appropriate steps under PIPEDA with regard
to CUDIC's access to personal information. We have
always had and continue to have an obligation to
keep confidential any personal information acquired
in the course of our business.
December 2003
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