Understanding the Core of PIPEDA Compliance: What Research Teams Need to Know
- Nashia Hussain
- Jul 3
- 4 min read
As data-driven research grows, so does the responsibility to handle personal information with care. The Personal Information Protection and Electronic Documents Act (PIPEDA) outlines how organizations must manage participant personal data while protecting individual privacy.
What is PIPEDA?
PIPEDA is Canada’s federal privacy law for private-sector organizations engaged in commercial activities. It sets clear expectations for how research participant personal information is collected, used, and shared. This includes activities such as:
Using personal data in research studies conducted for commercial purposes
Managing personal employee information (for federally regulated organizations)
Sharing donor, member, or fundraising contact lists through sale, trade or leasing agreements.
This law is overseen by the Office of the Privacy Commissioner of Canada (OPC). The legislation defines commercial activity as "a particular transaction, act or conduct, or any regular course of conduct that is commercial in nature".
What Counts as Personal Information?
PIPEDA defines personal information as any factual or subjective data, recorded or not, that can identify an individual. Common examples include:
Name, age, ID numbers, income, ethnic origin, and blood type
Opinions, evaluations, social status, and disciplinary actions
Employee records, credit or loan history, and medical details
Consumer disputes or intentions, such as future purchases or job changes
The 10 Fair Information Principles
Businesses that are subject to the Act must follow these 10 fair information principles to protect personal information. Here's how they apply to research contexts:
Accountability Appoint someone responsible for privacy compliance, often a Chief Privacy Officer, and ensure all procedures align with the law.
Identifying Purposes Clearly outline why personal information is being collected before or at the time of collection.
Consent Obtain meaningful consent, either express (explicit agreement) or implied (inferred from context). Key Distinction:
Express consent is required for sensitive information, unexpected uses, or high-risk scenarios.
Implied consent may be sufficient for routine, expected uses where individuals can easily opt out.
Limiting Collection Only collect the personal data that is directly relevant and necessary to your research or operational purpose.
Limiting Use, Disclosure, and Retention Use or disclose personal information only for the purposes for which it was collected, and only retain it for as long as you have to, unless you are legally required to retain it for longer.
Accuracy Keep your records accurate, complete and up to date so that analyses are fair in the use of the personal information.
Safeguards
Use security measures that are appropriate to the sensitivity of the personal information you hold, such as encryption and access controls.
Openness Make your data practices transparent. Policies should be easy for participants, staff, and partners to access and understand.
Individual Access Participants have the right to access the data you hold, why you hold it, and to request corrections if needed.
Challenging Compliance Institutions must provide a process for individuals to question or challenge how their data is handled under PIPEDA.
What is PIPEDA Exempt From?
PIPEDA does not generally apply to:
Not-for-profit or charitable organizations
Political parties and associations
Universities, schools, and hospitals (except when involved in commercial activities)
For example, if a university lab sells research services or shares participant data with a commercial partner, those specific activities could fall under PIPEDA even if the broader institution is exempt.
Legal Oversight, Breaches, and Penalties
Several other core areas of PIPEDA compliance are especially relevant for researchers:
Breach Reporting
If a breach occurs and there’s a real risk of significant harm (e.g., identity theft, reputation damage), you must:
Report to the OPC without unreasonable delay
Notify affected individuals unless notification would cause further harm
Maintain detailed breach records for regulatory review
Penalties
Violations can result in fines of up to $100,000, and non-compliance can lead to investigations, court orders, and damage to your organization’s public reputation.
Relationship to Provincial Laws
Provinces like Alberta, British Columbia, and Quebec have their own privacy laws recognized to be "substantially similar" to PIPEDA. In those cases, provincial rules may apply instead. However, federal law still applies in certain cross-border or federally regulated contexts. Institutions must assess applicability based on where the research takes place.
How myLaminin Supports Compliance
myLaminin is a secure Research Data Management (RDM) platform built to support institutions navigating privacy and compliance. To ensure we meet federal standards, our team worked directly with the Office of the Privacy Commissioner of Canada (OPC) to review expectations and implement the recommendations required to align with PIPEDA. While no tool can ensure compliance for specific research methodologies and protocols, at a minimum, tools should address the data integrity and cybersecurity risks inherent in any team collaboration. Here’s how myLaminin helps:
Key Benefits
Secures all actions using blockchain hashing and encryption, while maintaining a real-time audit trail of every data interaction.
Supports participant consent forms and notifications that can be tailored by the PI for their specific research context.
Grants access permissions across teams, enabling PIs to restrict or allow access to personal health information (PHI) collected through surveys as required.
Allows role-based access control to all data in the research data repository that can be aligned to the research methodology.
Streamlines legal approval processes with configurable REB forms, iterative reviewer feedback loops, and integration of eSignature tools like Adobe Acrobat Sign.
Enables multiple users to collaborate in the same research data space, with visible user avatars and version controls.
Substantially compliant with PIPEDA and built to also support requirements under PHIPA, HIPAA, GDPR, and 21 CFR Part 11.
Strategies for Success
PIPEDA compliance means that you must pay attention to the collection, use, and disclosure of personal information on an ongoing basis. Research institutions should:
Assess Applicability: Evaluate whether PIPEDA applies to their research and collaborations.
Implement the Principles: Embed the 10 fair information principles into daily operations.
Document Processes: Keep documentation of consent, usage, and access.
Train Staff: Provide training so staff understand their privacy responsibilities.
Regular Reviews: Conduct regular reviews to identify risks and close gaps.
Conclusion
PIPEDA doesn’t have to be a barrier to research. It can be a foundation for building trust, protecting participants, and enabling ethical, global collaboration. At myLaminin, we believe privacy protections should be built into the tools researchers already use, making compliance seamless and intuitive. When privacy is part of your research process from the start, your work becomes more credible, impactful, and positioned for long-term success.
References
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Nashia Hussain (article author) is a myLaminin intern studying Business Administration at York University, Schulich School of Business.
