The General Data Protection Regulation (GDPR) is widely recognized for its comprehensive approach to securing personal data within the European Union. One of its central rules is that personal data must be processed in a way that ensures appropriate security, including protection against unauthorized access, accidental loss, destruction, or damage (ICO, n.d.). Organizations are expected to use technical and organizational measures such as encryption, access controls, and regular security assessments to meet this principle (Voigt and Von dem Bussche, 2017).
When comparing the GDPR to Canadian privacy law, specifically the Personal Information Protection and Electronic Documents Act (PIPEDA), there are similarities as well as differences. Like the GDPR, PIPEDA requires organizations to implement safeguards suitable to the sensitivity of the data being processed (Office of the Privacy Commissioner of Canada, n.d.). Safeguards under PIPEDA include physical, organizational, and technological measures to protect personal information. Both GDPR and PIPEDA emphasize a risk-based approach, meaning that stronger measures are required for more sensitive data.
However, the GDPR is stricter in some respects. It places a greater focus on accountability, requiring data controllers and processors to demonstrate compliance through documentation and regular reviews (Voigt and Von dem Bussche, 2017). GDPR also gives individuals broader rights, such as the right to data portability and the right to erasure. Under the GDPR, organizations may face significant fines for non-compliance, which serves as a strong incentive for proper security.
Both the GDPR and PIPEDA allow for exemptions in limited circumstances. For instance, data may be processed without consent for certain legal, security, or public interest reasons. The UK Information Commissioner’s Office (ICO) interprets these exemptions narrowly to ensure that the core principle of protecting personal data is not undermined (ICO, n.d.).
In summary, the GDPR and similar laws in Canada set high standards for the security of personal data. While there are some differences in scope and enforcement, the general trend is toward requiring organizations to adopt a proactive, risk-based approach to data protection, backed by strong accountability and the potential for regulatory penalties.
References
ICO (no date). Principle (f): Integrity and confidentiality (security). Available at: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/integrity-and-confidentiality-security/
Office of the Privacy Commissioner of Canada (no date). PIPEDA and Your Practice. Available at: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/pipeda_brief/
Voigt, P. and Von dem Bussche, A. (2017). The EU General Data Protection Regulation (GDPR): A Practical Guide. Springer International Publishing.