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Industry Primer

Determining Privacy Compliance

Whenever you are planning a direct marketing campaign, it is important to pay attention to privacy compliance. Canada has instituted private-sector privacy laws that regulate the use and disclosure of personal information—including the personal information found in commercially available lists. While the easiest way to be certain you are privacy compliant is to rent lists from a reputable firm like Cornerstone, understanding a little about privacy compliance can help you anticipate and avoid problems. View Cornerstone's privacy policy to learn more about how we work to protect our Clients' and their customers' privacy.

What Compliance Means

One significant question determines whether a list is privacy compliant:
Did the people on the list have the chance to opt out? In other words,
did they approve having their names and addresses transferred for the purpose of receiving any kind of third-party solicitation?

When the answer to that question is "yes," a list is acknowledged as being privacy compliant.

Following the Law

In Canada, privacy legislation may apply at both the federal and provincial levels.

At the federal level, there are two central privacy laws: the Privacy Act (which regulates personal information in the public sector) and the Personal Information Protection and Electronic Documents Act (PIPEDA) which covers personal information in the private sector.

Quebec, Alberta and British Columbia have enacted their own private-sector privacy legislation. In fact, the trend seems to be toward more provinces adopting similar laws.

PIPEDA and the substantially similar provincial privacy laws apply to consumer information. Business-to-business information is, for the most part, exempt from these laws because business contact information is accepted as being in the public domain.

You may visit the website of the Office of the Privacy Commissioner of Canada to review the federal laws. To review the provincial laws that may apply to your direct mailing, visit the websites of the individual provincial governments.

You may also start by searching our mailing list datacards.

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