PIPEDA

Canadian Photography Laws » The Laws » Federal Law » PIPEDA

PIPEDA is the Personal Information Protection and Electronic Documents Act.  It protects personal information collected, stored, published or otherwise used, such has that obtained through model and location releases.

However, it only applies in certain circumstances:

  • It does not apply to governments collecting information.
  • It does not apply to information collected by an individual for personal use only
  • It does not apply to information collected by organizations used for journalistic, artistic, or literary purposes

To comply with this law:

  • You must do anything that is deemed reasonable to protect the information you collect, given the circumstances. This means that, by signing a model release, it is reasonable to expect that you will store this agreement as long as the photos exist, and use this information to prove your agreement.
  • Include on your model and location releases a statement that they agree to that gives consent to your storage, use of, and disclosure of the release form information.
Personal Information Protection and Electronic Documents Act:
An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act
4. (1) This Part applies to every organization in respect of personal information that
(a) the organization collects, uses or discloses in the course of commercial activities; or
(b) is about an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.
(2) This Part does not apply to
(a) any government institution to which the Privacy Act applies;
(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; or
(c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.
5. (3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.

References

I am not a lawyer, and this is not legal advice. For more information, see the Disclaimer.