Fundamentals of Real Estate - Privacy & Personal Information

Flashcards about Privacy & Personal Information in Real Estate

Personal Information (Legal Definition)

Any information about a natural person that can be used to identify them. Corporations and partnerships are NOT considered individuals.

Individual (Privacy Law)

Being a Canadian citizen or resident is not a requirement to be considered an individual.

Individual Rights (Personal Information)

The right to decide to whom their personal information is given, what information to provide, its purpose, and the ability to remain anonymous.

Privacy Concern (Real Estate)

Often a concern for individuals when they are engaged in commercial activities, such as buying, selling, or leasing real estate.

Privacy Legislation/Law

Sets forth requirements for collection, use, disclosure, retention, storage, and disposal of personal information, and remedies for breaches or inaccuracies.

Alberta Real Estate Privacy Legislation

Provincial (Alberta): Personal Information Protection Act (PIPA), Federal (Canada): Personal Information Protection and Electronic Documents Act (PIPEDA).

EU Directive on Data Protection (1998)

Requires EU member countries to enact personal information protection laws and prohibits data transfer to countries without adequate protections.

PIPEDA implementation and Impact

Came into force on January 1, 2001 and was recognized by the EU as providing adequate protection for personal data transferred from Europe to Canada.

Provincial Privacy Legislation Requirements (PIPEDA)

Must provide equivalent privacy protection, include 10 privacy principles, offer independent oversight, and restrict use/disclosure to legitimate purposes.

Alberta PIPA Enactment

Enacted on January 1, 2004, by the Alberta government.

Organizations Subject to PIPA

Associations, corporations, credit unions, insurance companies, mortgage brokerages, not-for-profits, partnerships, private schools, real estate brokerages and appraisers, trade unions, and regulatory associations.

First Four Privacy Principles in PIPEDA

1. Accountability, 2. Identifying Purposes, 3. Consent, 4. Limiting Collection

Privacy Principles 5-8 in PIPEDA

5. Limiting Use, Disclosure, and Retention, 6. Accuracy, 7. Safeguards, 8. Openness

Final Two Privacy Principles in PIPEDA

9. Individual Access, 10. Challenging Compliance