PIPEDA
Canada's federal privacy law for commercial personal data
NIST 800-171
U.S. standard protecting CUI in nonfederal systems
Quick Verdict
PIPEDA governs Canadian private-sector privacy via 10 principles, enforced by OPC investigations. NIST 800-171 mandates CUI security for US federal contractors through controls and assessments. Companies adopt PIPEDA for compliance and trust, NIST 800-171 for contract eligibility.
PIPEDA
Personal Information Protection and Electronic Documents Act
Key Features
- 10 Fair Information Principles as compliance foundation
- Mandatory Privacy Officer for organizational accountability
- Meaningful consent express for sensitive data
- Breach reporting for real risk of harm
- Proportional safeguards scaled to data sensitivity
NIST 800-171
NIST SP 800-171: Protecting CUI in Nonfederal Systems
Key Features
- Scoped to CUI-processing and protective components
- 17 control families with ODPs in Rev 3
- SSP and POA&M documentation requirements
- Examine/interview/test assessment procedures
- FedRAMP Moderate cloud equivalence pathway
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
PIPEDA Details
What It Is
PIPEDA, the Personal Information Protection and Electronic Documents Act, is Canada's federal privacy regulation governing private-sector collection, use, and disclosure of personal information in commercial activities. Enacted in 2000, it establishes national standards to protect privacy while promoting e-commerce. Its principles-based approach relies on 10 Fair Information Principles from Schedule 1, emphasizing accountability, consent, and safeguards.
Key Components
- Core: 10 Fair Information Principles (accountability, purpose identification, consent, limiting collection/use/retention, accuracy, safeguards, openness, access, challenging compliance).
- Derived from CSA Model Code; no fixed controls, flexible for proportionality.
- Overseen by Office of the Privacy Commissioner (OPC) via audits, no formal certification.
Why Organizations Use It
- Mandatory compliance for cross-provincial/FWUB operations, avoiding OPC investigations, fines up to CAD $100,000.
- Builds trust, mitigates breaches, enables cross-border transfers.
- Strategic edge in digital economy, stakeholder confidence.
Implementation Overview
- Phased: assess gaps/PIAs, establish governance/policies, deploy controls/training, audit continuously.
- Targets private-sector nationwide (exemptions intra-provincial AB/BC/QC); all sizes via scalable programs.
NIST 800-171 Details
What It Is
NIST SP 800-171 Revision 3 is a U.S. cybersecurity framework for protecting Controlled Unclassified Information (CUI) confidentiality in nonfederal systems and organizations. It provides recommended security requirements tailored from SP 800-53 Moderate baseline, applicable via federal contracts to contractors handling CUI. The approach is control-based with scoping to CUI components.
Key Components
- 17 families (e.g., Access Control, Audit, Supply Chain Risk Management)
- ~97 requirements emphasizing confidentiality
- Built on FIPS 200 and SP 800-53 r5
- SSP, POA&M, and SP 800-171A assessments (examine/interview/test)
Why Organizations Use It
- Mandatory for DoD via DFARS 252.204-7012
- Ensures contract eligibility, reduces breach risks
- Enhances supply chain resilience, competitive advantage
- Builds federal agency and partner trust
Implementation Overview
Phased: scoping CUI enclave, gap analysis, controls, documentation. Targets contractors; self/third-party audits (e.g., CMMC Level 2). Suits all sizes with enclave strategy.
Key Differences
| Aspect | PIPEDA | NIST 800-171 |
|---|---|---|
| Scope | Private sector personal info in commercial activities | CUI confidentiality in nonfederal systems |
| Industry | Canadian private sector, commercial activities | US federal contractors, defense supply chain |
| Nature | Principles-based privacy law, OPC enforced | Security requirements, contractually mandated |
| Testing | OPC audits, investigations, compliance checks | SP 800-171A assessments, SSP/POA&M reviews |
| Penalties | Fines up to CAD 100k, court orders | Contract loss, ineligibility, no direct fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about PIPEDA and NIST 800-171
PIPEDA FAQ
NIST 800-171 FAQ
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