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On January 1st, 2004, Canada's federal privacy law, The Personal Information Protection and Electronic Documents Act (PIPEDA) took effect for Canadian businesses and organizations everywhere except Quebec.  Quebec has led Canadian privacy initiatives and has it's own Act that has been recognized as meeting the federal standard.  Also on January 1st privacy acts took effect in BC and Alberta.  BUT, neither of these provinces have yet had their legislation accepted federally.  Until that occurs (no dates have been set) Alta/BC consumers and organizations operating in those provinces have to contend with BOTH laws, PIPEDA (federal) and PIPA (provincial).

PIPEDA protects individuals and sets out ground rules for how private sector organizations may collect, use or disclose personal information in the course of commercial activities. The law gives individuals the right to see and ask for corrections to information an organization may have collected about them.

Identity Theft

Identity theft is the growth industry for crime in our times. Stealing an identity can enable an individual to commit all sorts of additional crimes under a pseudonym that can be bureaucratically substantiated. This crime was not even on the record books until a very few years ago. Today it is still considered to be just an offshoot of fraud in many countries.

With the right information (and it doesn't have to be much) criminals can set up bank accounts and numerous other relationships in the victims name. The results of this crime may take years before the victim recovers. Damage to credit ratings and to personal reputations generally is hard to undo even when the law is on the victim's side. Some past victims of identity theft are forced to carry documentation stating that they were victims of such a crime.

What should you do as a consumer? Make yourself aware of your privacy rights and protect yourself by:

•  Cards and Papers

•  Make copies of original personal identity cards (birth certificate, passport, social insurance card) and related papers (marriage certificates, insurance policies, diplomas and degrees, wills) and put the originals in a safe place, perhaps a safety deposit box.

•  Shred or destroy sensitive personal documents before you toss them into the garbage or blue box. 

•  Don't leave receipts at bank machines or in public garbage cans for anyone to pick up.

•  Credit and Debit Cards

•  Record the numbers and expiry dates of your credit cards, including the new security key on your credit cards (usually a 3 or 4 digit number at the far right of your card number.

•  Sign all credit cards when you receive them; cancel unused cards.

•  If you applied for a new credit card and it hasn't arrived on time, notify the bank or credit card company, and report all lost or stolen cards right away.

•  Watch clerks carefully when you hand your card to them to swipe it, and after completing a credit card transaction, make sure you get your card back. "Cloning" and/or "double swiping" credit or debit cards allows the information contained in the magnetic strip to be downloaded and stored.  

•  Never tell anyone your passwords and/or your access codes such as Personal Identity Number (PIN) to anyone. Choose a PIN that can't be figured out easily, update it regularly, and make it a habit to use your hand or body as a shield to prevent others from watching you enter your PIN, and remember that no one from a financial institution or the police should ask for your PIN.

•  General

•  Deal with companies you know, but if you're thinking of dealing with a company that is unknown to you, do some research before you hand over your credit information.  If you don't know anyone who deals with them regularly, ask for references and check them.

•  Only share any personal information with retailers, financial institutions and employers when required. Don't provide personal information (such as SIN, date of birth, or credit card numbers) over the telephone unless you initiated the call and you have a trusted relationship with the caller.

•  Carefully review all bank and credit card statements, cancelled cheques and bills as soon as you get them.  Report any discrepancies immediately, and if any regularly expected bills or statements do not arrive on time, contact the post office and the sender to make sure your mail isn't being diverted.

•  Avoid responding to promotional mail, telephone solicitations, surveys offering instant prizes, or filling out a ballot for a draw without knowing what will be done with the information once it's submitted.

•  Finally, check your credit files regularly -- at least once a year -- for any unusual activity.  Contact a credit bureau to obtain a copy of your credit report, identify any errors and request corrections right away. 

•  Remember that you have the right to know what personal information is required, and why. And that not only must you give consent, but that you may withdraw that consent.

•  Try to work out your differences directly with the organization involved. They have an obligation to assist you in making and investigating your complaint.

•  If the organization is not responsive, or if you continue to be concerned, complain directly to:

Privacy Commissioner of Canada

Ms. Jennifer Stoddart

WEB: www.privcom.gc.ca

E-mail: info@privcom.gc.ca

Phone: (613) 995-8210
Toll-free: 1-800-282-1376
TTY: (613) 992-9190

112 Kent Street , Ottawa , Ontario K1A 1H3

Fax: (613) 947-6850

 
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