Privacy legislation

What it does: The federal Personal Information Protection and Electronic Documents Act (PIPEDA) and its provincial counterpart called the Personal Information Protection Act (PIPA) govern the collection, use and disclosure of personal information by private-sector businesses. The Freedom of Information and Protection of Privacy Amendment Act (FOIPPA) establishes privacy requirements for government ministries, agencies and Crown corporations such as ICBC.

What’s new: The PIPEDA came into effect for public agencies in 2001 and includes a mandate to be reviewed every five years. So even though private sector compliance didn’t start until 2004, a review started in ’06 and is nearing completion now. The PIPEDA also mandates that any provincial legislation must be substantially similar to it, so a review of the PIPA is also underway.

At issue: The feds are contemplating adopting a couple of the good ideas from B.C.’s legislation, for example, a clause that provides for the relationship between principal and agent. IBABC would like to see provisions for blanket consent tightened up so that personal information cannot be shared across financial pillars. We are also concerned that blanket consent forms can be used to gain permission to use credit information in ways that consumers may not be aware of, and if consumers were made fully aware, would not agree to. We have suggested that there is an opportunity for more consumer protection to be gained by aligning and strengthening the PIPA and Part 6 (Credit Reporting) of the Business Practices & Consumer Protection Act.

IBABC has for some time been working with ICBC on how best to balance the needs of ICBC, brokers and customers to protect data and proprietary systems.

Broker relevance: Insurance brokers have long been collectors and keepers of personal information, and operated to high standards in this area before privacy legislation came into force.

For information on the above: Trudy Lancelyn, IBABC, 604-606-8008, or click here.