Private Practice

Before you begin any e-mail marketing campaigns, know that the use of personal information in Canadian commercial activities is now protected by federal legislation under the Personal Information Protection and Electronic Documents Act (PIPEDA), or by a similar provincial legislation. This new act (effective January 1, 2004) covers all means of business: traditional (paper-based) and commercial activities conducted online.

People value their privacy. PIPEDA was enacted to dispel consumer concerns about how their information was being used and respected; PIPEDA protects this information in the hands of private sector organizations. It provides guidelines for the collection, use and disclosure of that information in commercial business.

E-mail marketing activities must clearly outline the purpose of collecting customer information and how it will be used. When a customer gives consent either through a sign-up form or opt-in page, that information can only be used for the original purpose stated. If you have designs on using the information for something else, the new purpose must be identified and the customer's consent granted.

Personal information is considered as:

• Name, address, telephone number, gender;
• Identification numbers, income or blood type;
• Credit records, loan records, existence of a dispute between a consumer and a merchant, and intentions to acquire goods or services.

Name, business title, business address, or business telephone number of any employee however, (i.e. what's on your business card) is data for public consumption. Developing privacy strategies is good business. Doing so will allow companies to be leaders in the field of compliance and keep them a step ahead of the competition.