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?