| p>Canada has two federal privacy laws, the | | | | personally accountable for the firm's compliance |
| Privacy Act and the Personal Information | | | | with privacy regulation. This individual needs not be |
| Protection and Electronic Documents Act | | | | a real estate licensee. A non-practising, |
| (PIPEDA). The Privacy Act imposes obligations on | | | | non-licensed owner or shareholder, for instance, |
| some 150 federal government departments and | | | | can serve as a Privacy Compliance Person. This |
| agencies to respect privacy rights by limiting the | | | | individual must be proficient with all facets of the |
| collection, use and disclosure of personal | | | | Act and is in charge of educating staff and |
| information. Individuals are also protected by the | | | | manage inquiries and complaints. |
| PIPEDA that sets out ground rules for how | | | | [ ] Identification of Purposes - Whether in the |
| private sector organizations may collect, use or | | | | process of introducing a Listing Contract or |
| disclose personal information in the course of | | | | drafting an Offer To Purchase, the real estate |
| commercial activities. | | | | professional has an obligation to clearly identify |
| Initially, PIPEDA applied only to personal | | | | and explain to each individual why and how there |
| information about customers or employees that | | | | is a need to collect and use that individual's |
| was collected, used or disclosed in the course of | | | | personal information. Furthermore, the real estate |
| commercial activities by the federally regulated | | | | professional has an obligation to explain why, how |
| private sector, organizations such as banks, | | | | and to whom he may wish to disclose such |
| airlines, and telecommunications companies. The | | | | information. |
| Act now applies to personal information collected, | | | | [ ] Limitation of Collection, Use and Disclosure - |
| used or disclosed by the retail sector, publishing | | | | The real estate professional must not collect, use |
| companies, the service industry, manufacturers | | | | and disclose more information than what is |
| and other provincially regulated organizations. Real | | | | reasonably necessary under the circumstances. |
| estate is, of course, one sector of the service | | | | Moreover, there is an obligation imposed on the |
| industry. | | | | Realtor not to collect, use and disclose personal |
| Of all the Provinces in Canada, British Columbia is | | | | information for any purpose unless the individual |
| possibly the strictest when it comes to enforcing | | | | has consented to that purpose. |
| consumers' privacy rights. The Personal | | | | [ ] Destroy Information - Personal information |
| Information Protection Act of British Columbia | | | | must be destroyed once it is no longer needed |
| came into force and effect on January 1, 2004 | | | | for the purpose for which it was collected. One |
| and applies to all consumers and service industries | | | | notable exception is Contracts of Purchase and |
| in the Province, including real estate, banking and | | | | Sale, which must be stored for two years but |
| mortgaging. Specifically as it relates to real estate, | | | | only for review purposes by pertinent real estate |
| the Act protects all personal information that is | | | | licensing authorities. |
| collected, used or disclosed, including information | | | | [ ] Provide Access - Individuals are guaranteed |
| regarding a person's race, age, marital status, | | | | access to their own personal information for |
| religion, employment history, home address and | | | | purposes of review and amendment thereof. |
| telephone number(s) including cellular telephone | | | | [ ] Provide Recourse - Procedures must be |
| number, finances including the purchase or sale of | | | | implemented to receive and respond to |
| real property, credit history, banking qualifications | | | | complaints and inquiries. |
| and political opinions. | | | | When it comes to enforcement, the Legislation |
| The provincial legislation imposes significant | | | | establishes a procedure that empowers the British |
| obligations on real estate brokerage firms and | | | | Columbia Information and Privacy Commissioner |
| individual professionals, pretty much in line with the | | | | to investigate - including auditing - an organization. |
| fiduciary duties and obligation contemplated in | | | | The Commissioner has the power to issue orders |
| agency relationships. Below is a synopsis of the | | | | which are binding on firms. Failure to comply with |
| most important obligations: | | | | the Legislation can result in penalties up to CAD |
| [ ] Designation of a 'Privacy Compliance Person' - | | | | $100,000 as well as civil damages and criminal |
| Since companies are simply legal entities and | | | | charges. |
| cannot enforce compliance with the Act, each | | | | Privacy is an issue taken very, very seriously in |
| brokerage firm must designate an individual who is | | | | British Columbia. |