Privacy Obligations Under Alberta Law
Personal Information Protection Act (PIPA) Compliance
Alberta’s PIPA governs the collection, use, and disclosure of personal information by organizations, including condominium corporations and managers. Key requirements include:
Consent: Personal information can only be collected, used, or disclosed with consent, except where legally permitted.
Purpose Limitation: Information can only be used for the purposes for which it was collected.
Access and Correction: Individuals have the right to request access to their information and request corrections.
Retention and Secure Storage: Personal information must be stored securely and destroyed when no longer needed.
PIPA outlines that personal information must be protected from unauthorized access, collection, use, disclosure, or destruction.
Brokerage Policies on Privacy
Condominium managers must follow their brokerage’s privacy policies, which may include:
Secure handling of client records and condominium documents.
Ensuring electronic communication meets privacy and anti-spam laws.
Reporting privacy breaches to the brokerage and condominium board.
Anti-Spam Compliance and Electronic Communication
Canada’s Anti-Spam Legislation (CASL)
CASL regulates how businesses send electronic messages (e.g., emails, newsletters, and texts). Requirements include:
Consent: Condominium corporations must obtain express or implied consent before sending commercial electronic messages.
Identification: Messages must clearly identify the sender and include valid contact information.
Unsubscribe Mechanism: All messages must provide an easy way for recipients to opt out of future communications.
Condominium Manager Responsibilities
Managers must ensure all electronic communications comply with CASL by:
Verifying owner consent before sending emails or newsletters.
Keeping a record of consents to prove compliance.
Regularly reviewing email lists to remove individuals who have opted out.
Data Security Best Practices
To prevent data breaches and unauthorized access, condominium managers must:
Use secure storage for physical and digital records (e.g., locked filing cabinets, password-protected files).
Limit access to sensitive information based on job roles.
Encrypt confidential data when sharing via email or online portals.
Regularly update security protocols, including firewalls and antivirus software.
Reporting and Managing Privacy Breaches
If personal information is lost, stolen, or accessed without authorization, condominium managers must:
Notify their brokerage and the affected parties as soon as possible.
Assess the severity of the breach and take steps to prevent further risk.
Document the incident and corrective actions taken.
Developing a Privacy Policy for Condominium Boards
A privacy policy ensures a condominium corporation follows legal and ethical guidelines for managing personal information.
Key Elements of a Privacy Policy
Purpose Statement – Clearly defines why personal information is collected and how it is used.
Consent Requirements – Outlines when and how consent must be obtained.
Access and Correction Rights – Specifies how individuals can request access to their data.
Data Security Measures – Describes how personal information is stored and protected.
Breach Response Plan – Details how privacy breaches will be managed and reported.
Managers should work with the board to implement a privacy policy that complies with PIPA and brokerage requirements.
