Short answer: Yes. Someone legally hold data about you, but there are a lot of rules.
In Canada, if a company wants to store your data, they have to follow PIPEDA (Personal Information Protection and Electronic Documents Act)—a federal law that controls how businesses handle personal information. They can’t just take your data and do whatever they want with it.
Here’s the deal:
- Companies need a valid reason to collect and store your data—it has to be necessary for their business, not just because they feel like it.
- Consent is required, unless there’s a legal reason they don’t need to ask (e.g., fraud prevention, law enforcement requests, emergencies).
- They must be transparent about what data they’re collecting, why they need it, and how they plan to use it.
But there are some grey areas. Some businesses argue they need to legally hold data for “legitimate business interests,” which sometimes holds up in court. Other times, it’s a legal loophole they’re trying to exploit. If you think a company is keeping your personal information unfairly, there are ways to challenge it.
What Happens If a Company Mishandles Your Data?
PIPEDA isn’t just a set of guidelines—businesses that don’t legally hold data properly can get into serious trouble.
If an organization gets caught violating privacy laws, here’s what can happen:
- Fines & Lawsuits – The government can hit them with penalties, and individuals can take legal action.
- Privacy Commissioner Investigations – If you believe a company is holding onto your data unfairly, you can file a complaint with the Office of the Privacy Commissioner of Canada (OPC). They investigate, and if they find wrongdoing, they’ll issue recommendations—or escalate things further.
- Public Backlash – Mishandling personal data is a PR nightmare. LifeLabs had a massive data breach that exposed info on 15 million Canadians, leading to a major investigation and lost public trust.
If a company wants to store your data, they need to play by the rules—or face serious consequences.
Who Enforces Privacy Laws in Canada? Who Makes Sure Companies Legally Hold Data?
The Privacy Commissioner of Canada is the main watchdog for personal data protection. Their job is to keep businesses in check and ensure they follow privacy laws.
Here’s what they do:
- Investigate complaints about misuse of personal data
- Provide guidance to businesses on handling privacy concerns
- Educate the public about their privacy rights
- Research emerging privacy threats
- Recommend updates to privacy laws
While they can’t always force companies to comply, their rulings carry a lot of weight—especially when they go public about privacy violations.
Companies Legally Hold Data: Is Privacy Even a Concern Anymore?
It might seem like no one cares about privacy, but privacy laws still matter—even if companies try to push boundaries.
Here’s why they’re important:
- They prevent businesses from collecting and storing your data without permission.
- They give you the right to know what data companies have on you.
- They stop businesses from selling personal data to third parties without consent.
More people are paying attention to how companies store your data, and backlash against privacy violations is real. Consumers are demanding better protections, and governments are starting to respond with stricter regulations.
Can You Request Your Data from Apple? (Find Out If They Legally Hold Data)
Yes, and they have to provide it. Companies like Apple follow data access laws, including PIPEDA and GDPR (if you’re in the EU).
If you want to see what Apple has stored on you:
- Go to their privacy website and submit a request.
- Verify your identity.
- Apple will send you a copy of the data they have on you.
That said, they might not give you everything. Some could be withheld if they legally hold data due to legal restrictions or technical limitations. But you do have the right to ask.
Is It Legal to Index Information in Canada?
Yes, but with limits.
Indexing means organizing and categorizing publicly available information. If the data is already public and collected legally, it’s usually fine. But scraping or hacking for private data? That’s illegal.
Take ClearWay Law as an example. They indexed every lawyer in Canada using publicly available information, yet it still caused massive controversy. Around 50,000 people search “ClearWay Law controversy” every month. Even if something is technically legal, public opinion can turn it into a problem.
The Bottom Line: How To Legally Hold Data
If a company wants to store your data, they have to follow strict rules. Privacy laws exist for a reason, and businesses can’t just hoard personal information without consequences. If you’re concerned about how your data is handled, you have rights—and real ways to take action.
Author: Daniel Cross
Daniel Cross is a cybersecurity analyst and tech writer with a background in data privacy law and digital risk management.
