PIPEDA vs HIPAA: Understanding Canada's Privacy Law

If you just searched "HIPAA Canada" or "does Canada have HIPAA," you are in the right place. The short answer is: Canada does not have HIPAA. There is no Canadian equivalent that works exactly like HIPAA. But Canada does have robust privacy laws that cover health data — they just work very differently.

This is one of the most common points of confusion for businesses operating in both countries, health tech companies expanding north of the border, and Canadian businesses working with US healthcare organizations. Let us clear it up.

Why People Search for "HIPAA Canada"

The confusion makes sense. HIPAA (the Health Insurance Portability and Accountability Act) is the dominant health privacy law in the US, and it is extremely well known. If you work in healthcare, health tech, or any industry adjacent to healthcare in the US, HIPAA is part of your daily vocabulary.

So when a US-based company starts doing business in Canada, or a Canadian company starts working with US healthcare clients, the natural question is: "What is Canada's HIPAA?"

The answer is that Canada does not have a single health-specific privacy law equivalent to HIPAA. Instead, Canada has:

1. PIPEDA — the federal privacy law covering all personal information (including health data) in commercial activities
2. Provincial health privacy laws — laws specific to health information in certain provinces
3. Provincial general privacy laws — in Alberta, BC, and Quebec

These laws overlap and interact in ways that are different from the US approach, where HIPAA creates a clear (if complex) framework specifically for health data.

PIPEDA: Canada's Broad Privacy Law

PIPEDA (Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5) is Canada's federal privacy law for the private sector. Unlike HIPAA, which specifically targets health information held by covered entities and their business associates, PIPEDA covers all personal information collected, used, or disclosed in the course of commercial activity.

This means PIPEDA applies to:

• Customer names, emails, and phone numbers
• Financial information
• Employment information (in certain cases)
• Health information
• Purchase history
• IP addresses and online activity
• Any other information about an identifiable individual

Health data under PIPEDA is treated as sensitive information, which means it generally requires express consent and stronger safeguards. But it is governed by the same law as every other type of personal data — not a separate health-specific regime.

For a comprehensive overview of PIPEDA requirements, see our PIPEDA compliance guide.

HIPAA: The US Health Privacy Framework

HIPAA (Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq.), passed in 1996, is a US federal law that specifically governs the privacy and security of protected health information (PHI). It applies to:

• Covered entities: Health plans, healthcare clearinghouses, and healthcare providers who transmit health information electronically
• Business associates: Organizations that perform functions on behalf of covered entities involving PHI (cloud hosting providers, billing companies, IT vendors, etc.)

HIPAA has two main rules relevant to privacy:

• The Privacy Rule: Governs the use and disclosure of PHI
• The Security Rule: Sets standards for protecting electronic PHI (ePHI)

HIPAA does not apply to:

• Employers (in their role as employers, not health plans)
• Most health apps and wearables (unless they work with covered entities)
• Life insurers, schools, or law enforcement (generally)

Side-by-Side Comparison

Here is how PIPEDA and HIPAA compare across key areas:

Key Differences That Matter

PIPEDA Is Broader, HIPAA Is Deeper (for Health Data)

The fundamental difference is scope. PIPEDA covers all personal information across all commercial sectors. HIPAA drills deep into health information within the healthcare ecosystem.

This means:

• A Canadian health clinic is covered by PIPEDA (and possibly a provincial health privacy law) for patient data, employee data, and vendor data — all under similar principles.
• A US health clinic is covered by HIPAA for patient health data, but employee data and non-health vendor data fall under different laws (state privacy laws, employment laws, etc.).

Consent Works Differently

Under PIPEDA (Principle 4.3 — Consent), you generally need meaningful consent to collect, use, or disclose personal information — including health information. Express consent is required for sensitive information like health data.

Under HIPAA, the consent model is more nuanced. HIPAA permits many uses and disclosures of PHI without patient authorization:

• Treatment, payment, and healthcare operations (TPO): A doctor can share your health information with a specialist for treatment purposes without your explicit authorization.
• Public health activities: Reporting diseases to public health authorities.
• Law enforcement: In certain circumstances.
• Research: With appropriate safeguards (IRB approval, etc.).

For uses outside these permitted categories, HIPAA requires a written authorization from the patient.

The practical impact: US healthcare organizations are accustomed to sharing health data for treatment purposes without explicit patient consent. In Canada, the rules may be stricter, depending on the applicable law (PIPEDA or provincial health privacy law).

Enforcement Approaches Are Different

PIPEDA enforcement is primarily complaint-driven. The Office of the Privacy Commissioner investigates complaints, makes findings and recommendations, and can name non-compliant organizations publicly. The OPC does not currently have the power to issue fines directly (though this would change under the proposed CPPA).

HIPAA enforcement is more aggressive. The HHS Office for Civil Rights can and does impose significant financial penalties. Settlements regularly reach millions of dollars. There are also criminal penalties for knowing violations.

For more on PIPEDA enforcement, see our guide on PIPEDA fines and penalties.

Breach Notification

Both laws require breach notification, but the details differ:

PIPEDA (as amended by the Digital Privacy Act, S.C. 2015, c. 32): You must notify the OPC and affected individuals when a breach creates a "real risk of significant harm." There is no specific timeline — the standard is "as soon as feasible." You must also keep records of all breaches for at least two years.

HIPAA: You must notify affected individuals within 60 days of discovering a breach. Breaches affecting 500 or more individuals must also be reported to HHS and the media. Smaller breaches can be reported annually. There is a specific risk assessment framework for determining whether notification is required.

Provincial Health Privacy Laws

Here is where it gets distinctly Canadian: several provinces have their own health-specific privacy laws that apply instead of PIPEDA for health information within the province.

Ontario: PHIPA

The Personal Health Information Protection Act (PHIPA) applies to "health information custodians" in Ontario — hospitals, doctors, dentists, pharmacists, home care services, community care access centers, and others. PHIPA governs the collection, use, and disclosure of personal health information.

Alberta: HIA

The Health Information Act (HIA) applies to "custodians" of health information in Alberta, including regional health authorities, hospitals, nursing homes, physicians, pharmacists, and others.

Manitoba: PHIA

The Personal Health Information Act (PHIA) applies to trustees of personal health information in Manitoba.

Other Provinces

New Brunswick, Newfoundland and Labrador, Nova Scotia, and Saskatchewan also have health-specific privacy legislation. The specifics vary by province.

How This Affects You

If you are a healthcare provider or health tech company operating in Canada, you may be subject to:

• PIPEDA (for commercial activities across Canada)
• A provincial health privacy law (for health information within a specific province)
• Both (if you operate across provinces or handle both health and non-health personal information)

The layering can be confusing, but the good news is that the principles are broadly consistent: protect personal information, get appropriate consent, respond to access requests, report breaches, and be transparent about your practices.

What US Businesses Doing Business in Canada Need to Know

If you are a US-based company expanding into Canada — particularly in healthcare, health tech, or any sector that handles health data — here is what matters.

HIPAA Does Not Apply in Canada

Being HIPAA-compliant does not make you PIPEDA-compliant. They are different laws with different requirements. You need to comply with both if you operate in both countries.

PIPEDA Covers More Than Just Health Data

Unlike HIPAA, which only covers PHI held by covered entities, PIPEDA covers all personal information in commercial activities. Your marketing data, customer support records, website analytics, and employee information are all in scope.

Consent Standards May Be Stricter

Canadian privacy law generally requires more explicit consent than HIPAA's permitted uses and disclosures model. If you are used to sharing health data freely for treatment purposes under HIPAA, you may need to adjust your practices for the Canadian market.

Data Transfer Considerations

If you are sending Canadian personal information (including health data) to the US for processing or storage, PIPEDA's accountability principle applies. You are responsible for that data even after it crosses the border. Make sure your contracts with US-based processors include appropriate privacy protections.

Provincial Laws Add Complexity

Unlike the US, where HIPAA provides a single federal health privacy framework, Canada's provincial health privacy laws create a patchwork. If you operate in multiple provinces, you may need to comply with multiple provincial laws in addition to PIPEDA.

What Canadian Businesses Working With US Companies Need to Know

If you are a Canadian business working with US healthcare clients or partners:

You May Be a HIPAA Business Associate

If you process, store, or have access to protected health information on behalf of a US covered entity, you are likely a HIPAA business associate under 45 CFR § 160.103. This means:

• You need a Business Associate Agreement (BAA) with the covered entity
• You must comply with HIPAA's Security Rule
• You are subject to HIPAA's breach notification requirements
• You can face HIPAA penalties for non-compliance

Dual Compliance Is Necessary

You will need to comply with both PIPEDA (for your Canadian operations) and HIPAA (for your work with US healthcare entities). In many areas, PIPEDA requirements are comparable. But HIPAA's Security Rule has specific technical requirements (access controls, audit controls, encryption standards) that go beyond PIPEDA's general "appropriate safeguards" standard.

Consider Getting HIPAA Certifications

While HIPAA itself does not have a formal certification, completing a HIPAA compliance assessment and getting SOC 2 certification can demonstrate to US clients that you take health data protection seriously.

Common Misconceptions

"Canada has HIPAA too"

No. Canada has no law called HIPAA or anything equivalent. HIPAA is a US law only.

"PIPEDA is basically Canada's HIPAA"

Not really. PIPEDA covers all personal information, not just health data. And PIPEDA applies to all commercial organizations, not just healthcare entities. They share some principles, but structurally they are very different laws.

"If I am HIPAA-compliant, I am covered in Canada"

Incorrect. HIPAA compliance is a good foundation — you probably have decent security practices and data handling procedures. But PIPEDA has its own specific requirements around consent, access requests, breach notification, and the 10 fair information principles.

"Only healthcare companies need to worry about health data privacy in Canada"

Not true. Under PIPEDA, any organization that collects health information during commercial activities must treat it as sensitive personal information. This includes employers who collect health information from employees (sick notes, benefits claims, etc.), fitness apps that collect health metrics, and insurance companies.

The Bottom Line

Canada and the US take fundamentally different approaches to health data privacy:

• The US has a sector-specific approach. HIPAA covers health data in the healthcare ecosystem. Other types of data are covered by a patchwork of other laws.
• Canada has a comprehensive approach. PIPEDA covers all personal information — including health data — in commercial activities. Provincial laws add healthcare-specific requirements in some provinces.

If you operate in both countries, you need to understand both frameworks. Do not assume that compliance with one means compliance with the other. They share common principles (protect data, respect individual rights, report breaches), but the details differ enough that separate compliance efforts are necessary.

References

• Personal Information Protection and Electronic Documents Act (PIPEDA): S.C. 2000, c. 5. Full text on Justice Laws website
• Office of the Privacy Commissioner of Canada (OPC): Official OPC website
• OPC PIPEDA guidance: PIPEDA in brief
• HIPAA: Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq. HHS HIPAA guidance
• HIPAA Privacy Rule: 45 CFR Part 164, Subpart E. Full text
• HIPAA Security Rule: 45 CFR Part 164, Subpart C. Full text

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Handle Data Requests Across Borders

Whether you are responding to a PIPEDA access request or a HIPAA right-of-access request, you need a reliable process for finding, compiling, and delivering personal data on time.

Our DSAR Compliance Guide gives you a unified framework for handling data access requests under PIPEDA, GDPR, CCPA, and other privacy laws. Built for businesses that operate across jurisdictions.

Download the DSAR Compliance Guide and make sure your data request process works no matter which law applies.