PIPEDA: A CONSTITUTIONAL ANALYSIS

Abstract

Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) purports to govern both federally- and provinciallyregulated private sector organizations, and it establishes rules for the collection, use, and disclosure of personal information used in the course of commercial activities. Currently, Part 1 is being challenged by Quebec on the grounds that the federal legislation unduly affects matters traditionally within provincial jurisdiction. The author investigates the nature of PIPEDA, the scope of Quebec’s challenge, and the probable arguments which will be advanced before the court. Ultimately, the author concludes that Quebec should fail in its constitutional challenge.