Privacy Challenges for Condominium Corporations and Condominium Managers presented to the
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Transcript of Privacy Challenges for Condominium Corporations and Condominium Managers presented to the
Privacy Challenges for Condominium Corporations and
Condominium Managerspresented to the
Association of Condominium Managers of Alberta
by Carmen Mann, Portfolio OfficerOffice of the Information and Privacy Commissioner
November 19, 2010Calgary, AB
Applicable Legislation (Alberta)Applicable Legislation (Alberta)
Personal Information Protection Act (PIPA) Privacy obligations of private sector organizations, including
both condominium corporations and condominium management companies
Condominium Property Act Rights and responsibilities of condominium corporations,
condominium boards and owners
General Privacy PrinciplesGeneral Privacy Principles Reasonable purpose for collection, use or disclosure (“CUD”)
Consent to CUD
Exceptions to consent
Legislative authority
Access to personal information
Correction of personal information
Safeguarding
Privacy Officer and Privacy Policy
*NEW* Notifying Commissioner of incidents
Service Providers – s. 5Service Providers – s. 5
s. 5 provides:
(2) For the purposes of this Act, where an organization engages the services of a person, whether as an agent, by contract or otherwise, the organization is, with respect to those services, responsible for that person’s compliance with this Act.
(6) Nothing in subsection (2) is to be construed so as to relieve any person from that person’s responsibilities or obligations under this Act.
OIPC StatisticsOIPC Statistics
Complaints/Requests for Review • Property Management Companies (includes
Landlords) • Estimated total to date (since 2004): 85
• Condominium Corporations• Estimated total to date (since 2004): 25
OIPC OrdersOIPC Orders
Order P2010-005 Disclosure without consent: President of Condo Board
overheard by Complainant discussing Complainant’s personal information with a resident and another person.
Order P2009-003 Disclosure without consent: Personal information of
Complainant alleged to have been included in AGM minutes.
Order P2005-005 Access request: Applicant wanted Condo Corp to give
him a copy of the complaint it received about him.
Common ComplaintsCommon Complaints
Safeguarding complaints – s. 34 E-mail AGM sign in sheets New keys
Disclosures at AGM and in Meeting Minutes
Access RequestsAccess Requests
Access to Personal Information – s. 24 Photographs Complaints
Access to Non-Personal Information – s. 20 Other owner contact information Parking/storage space information Condominium financial information Resolutions
Section 20 and the CPASection 20 and the CPA
20 An organization may disclose personal information about an individual without the consent of the individual but only if one or more of the following are applicable:
(b) The disclosure of the information is authorized or required by(i) a statute of Alberta or of Canada(ii) a regulation of Alberta or a regulation of Canada(iii) a bylaw of a local government body, or(iv) a legislative instrument of a professional regulatory body
Breach Reporting (s. 34.1(1))Breach Reporting (s. 34.1(1))
Section 34.1(1) provides:
34.1(1) An organization having personal information under its control must, without unreasonable delay, provide notice to the Commissioner of any incident involving the loss of or unauthorized access to or disclosure of the personal information where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure.
ResourcesResources
Alberta: Frequently Asked Questions For Condominium
Corporations: http://pipa.alberta.ca/faqs/pdf/CondoFAQs.pdf
BC: Privacy Guidelines for Strata Corporations & Strata
Agents:*
http://www.oipc.bc.ca/pdfs/private/Guidelines_StrataCorp(2009).pdf
*NOTE THOUGH THE BC PIPA IS NOT IDENTICAL TO THE AB PIPA
Contact InformationContact Information
Office of the Information and Privacy Commissioner Fax: (403) 297-2711 Toll Free: 1-888-878-4044 Website - http://www.oipc.ab.ca/pipa/
Access and Privacy Branch, AB Government Services Website - http://www.pipa.alberta.ca Information Line (780) 644-PIPA (7472)
Questions?Questions?