Canada has two federal aloofness laws, the aloofness Act and the claimed advice Protection and Electronic Documents Act (PIPEDA). The aloofness Act imposes obligations on some 150 federal government departments and agencies to account aloofness rights by attached the collection, use and acknowledgment of claimed information. Individuals are additionally adequate by the PIPEDA that sets out arena rules for how clandestine area organizations may collect, use or acknowledge claimed advice in the advance of bartering activities.
Initially, PIPEDA activated alone to claimed advice about barter or advisers that was collected, acclimated or appear in the advance of bartering activities by the federally adapted clandestine sector, organizations such as banks, airlines, and telecommunications companies. The Act now applies to claimed advice collected, acclimated or appear by the retail sector, publishing companies, the account industry, manufacturers and added provincially adapted organizations. Real estate is, of course, one area of the account industry.
Of all the Provinces in Canada, British Columbia is possibly the strictest back it comes to administration consumers' aloofness rights. The claimed advice Protection Act of British Columbia came into force and aftereffect on January 1, 2004 and applies to all consumers and account industries in the Province, including real estate, cyberbanking and mortgaging. Specifically as it relates to real estate, the Act protects all claimed advice that is collected, acclimated or disclosed, including advice apropos a person's race, age, conjugal status, religion, application history, home abode and blast number(s) including cellular blast number, affairs including the acquirement or auction of real property, acclaim history, cyberbanking abilities and political opinions.
The bigoted legislation imposes cogent obligations on real estate allowance firms and alone professionals, appealing abundant in band with the fiduciary duties and obligation advised in agency relationships. Below is a abridgment of the best important obligations:
[ ] Designation of a 'Privacy acquiescence Person' - Since companies are artlessly acknowledged entities and cannot accomplish acquiescence with the Act, anniversary allowance close allegation baptize an alone who is alone answerable for the firm's acquiescence with aloofness regulation. This alone needs not be a real estate licensee. A non-practising, non-licensed buyer or shareholder, for instance, can serve as a aloofness acquiescence Person. This alone allegation be accomplished with all facets of the Act and is in allegation of educating agents and administer inquiries and complaints.
[ ] Identification of Purposes - Whether in the action of introducing a Listing Contract or drafting an Offer To Purchase, the real estate able has an obligation to acutely analyze and explain to anniversary alone why and how there is a charge to aggregate and use that individual's claimed information. Furthermore, the real estate able has an obligation to explain why, how and to whom he may ambition to acknowledge such information.
[ ] Limitation of Collection, Use and Disclosure - The real estate able allegation not collect, use and acknowledge added advice than what is analytic all-important beneath the circumstances. Moreover, there is an obligation imposed on the Realtor not to collect, use and acknowledge claimed advice for any purpose unless the alone has consented to that purpose.
[ ] Destroy Information - claimed advice allegation be destroyed already it is no best bare for the purpose for which it was collected. One notable barring is Contracts of acquirement and Sale, which allegation be stored for two years but alone for analysis purposes by pertinent real estate licensing authorities.
[ ] Provide Access - Individuals are affirmed admission to their own claimed advice for purposes of analysis and alteration thereof.
[ ] Provide Recourse - Procedures allegation be implemented to accept and acknowledge to complaints and inquiries.
When it comes to enforcement, the Legislation establishes a action that empowers the British Columbia advice and aloofness Commissioner to investigate - including auditing - an organization. The Commissioner has the ability to affair orders which are bounden on firms. Failure to accede with the Legislation can aftereffect in penalties up to CAD $100,000 as able-bodied as civilian amercement and bent charges.
Privacy is an affair taken very, actual actively in British Columbia.
Luigi Frascati
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