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Condo corporations are subject to PIPA and must follow certain rules regarding the collection, use and disclosure of personal information.
Condominium Corporations in Alberta are subject to the Personal Information Protection Act (PIPA) which is consent based legislation; in most cases Condominium Corporations must obtain consent for the collection, use, and disclosure of personal information. In addition, PIPA also provides individuals with the right to access their own personal information. Copies of the legislation and regulations can be found on the Personal Information Protection Act – Overview page.
Condominium Corporations are established under the Condominium Property Act (CPA). They are considered organizations that do not meet the definition of a non-profit organization under PIPA.
Condominium Corporations must develop and follow policies and practices to meet their obligations under PIPA. They must also designate an individual who is responsible for ensuring the Condominium Corporation complies with PIPA. This person is often referred to as a Privacy Officer.
The powers and duties of a Condominium Corporation are exercised and performed by the Board of Directors. PIPA does not apply to private individuals in their personal life but it does apply to individuals acting in their capacity as a Member of the Board of Directors.
PIPA permits an organization to collect, use, and disclose personal information for purposes that are reasonable and only to the extent that is reasonable for that purpose. What is reasonable depends on what is appropriate in the circumstances.
The Condominium Corporation will normally need an individual’s consent to collect, use, and disclose their personal information. There are limited and specific situations when consent is not required and these are set out in PIPA; this includes when there is authorization under the CPA.
A Condominium Corporation may hire a management company to carry out some of its functions. In this case, the property management company acts as an agent of the Condominium Corporation to manage the condominium and is subject to PIPA for the responsibilities it undertakes on behalf of the Corporation.
Notification is required any time personal information is collected directly from an individual and it can be written or oral. The Condominium Corporation must notify individuals at the time of collection:
The Privacy Officer of the Condominium Corporation may have this responsibility.
Condominium Corporations can collect, use, and disclose participants’ personal information in a record of a meeting of the Board of Directors or the Owners at an Annual General Meeting (AGM).
The condominium corporation can collect, use, and disclose personal information of participants in a record of the meeting minutes. Generally, individuals who participate in AGM discussions are considered to have consented to the collection, use, and disclosure of their personal information in relation to their participation in the meeting.
For a meeting of the Board of Directors, attendees who provide their names and other personal information as part of a recorded meeting should be provided with notification. Any notes or electronic recordings taken at a meeting should only be kept until the minutes are approved, then destroyed.
Purpose | Personal information |
---|---|
Quorum | It would be reasonable to collect personal information to show, for example, that there was a quorum for a meeting, who moved and seconded a motion and that a vote was properly conducted.
If the roll is called or proxies are certified, an individual who volunteers his or her personal information is considered to have consented to the collection, use, and disclosure of that information. This is also the case if an individual makes a motion or participates in a vote. |
Motion | An individual making or seconding a motion consents to the collection, use, and disclosure of their personal information being recorded in the minutes. |
An individual leaving a meeting | It would be reasonable to record the name of the individual and the unit number because the information is needed for procedural reasons, such as documenting that there was a quorum when a vote was conducted. If the roll is called to establish that a meeting was properly convened, an individual who volunteers his or her personal information is considered to have consented to the collection, use, and disclosure of their personal information for that purpose. |
Proxy vote | PIPA does not affect the condominium corporations’ use of proxy votes at meetings. An owner or mortgagee may exercise the right to vote by proxy according to the CPA. PIPA does not affect this process.
It is a good idea to keep a note of what information was used to authenticate the proxy and verify the identity of the proxy holder. |
The CPA establishes what information the Condominium Corporation can collect, use and disclose to owners. Personal information, such as name and unit number, required to be recorded in minutes for undertaking the repair and maintenance requirements of the Condominium Corporation is included in what the CPA authorizes. Where the CPA provides this authorization PIPA supports the collection, use, and disclosure. This is not considered a breach of privacy.
If personal information related to bylaw enforcement or other matters unrelated to the business of the Condominium Corporation is collected and/or used by the Board of Directors, it is not necessarily reasonable to disclose this information beyond that use. When personal information related to these matters is recorded in meeting minutes, further disclosure is not authorized.
PIPA also allows an individual to make a written request for their own personal information held by a Condominium Corporation. A response would not include the personal information of others.
Each condominium corporation should include how the disclosure of information is managed in its policies and practices. The Privacy Officer of the Condominium Corporation may have this responsibility.
However, it would not be reasonable to release the recorded personal information about dog barking bylaw enforcement discussions. Therefore, the personal information of all parties involved should not be disclosed, unless the disclosure is to someone asking for their own personal information.
Records containing personal information pertaining to a particular unit should only be kept for long as they are reasonably needed for business or legal purposes and securely disposed of when no longer required.
PIPA allows an individual to make a written request for access to his or her own personal information. When requesting information about complaints however, he or she may not be entitled to all the information held by a Condominium Corporation. An individual is not entitled to any information about another individual unless that individual consents to the disclosure of the information.
There may be other information that the Condominium Corporation is allowed or required to withhold as set out in PIPA, such as a legal opinion. The Condominium Corporation should remove any information it is not disclosing before giving the remainder of the information to the requester.
It is a best practice to keep records of personal information found in complaints and bylaw enforcement relating to a particular unit separate from other records related to the management of the Condominium Corporation to ensure each is appropriately managed.
A Condominium Corporation may establish informal processes for access to an individual’s own information in addition to the formal request process under PIPA.
The CPA allows a mortgagee to request and/or inspect records, account statements, and meeting minutes related to the management of the Condominium Corporation. PIPA does not affect this and supports the collection, use and disclosure of personal information where authorized by the CPA.
The Condominium Corporation should require evidence that the person making the request for this information is in fact a mortgagee of that unit before the information is disclosed. The Condominium Corporation should document that the information was verified and keep a note of the information that was disclosed.
The CPA requires a Condominium Corporation to have a Board of Directors. An owner may convene a meeting of the Condominium Corporation to elect a Board if the developer has not done so.
PIPA does not apply to an individual owner acting in his or her personal capacity.
The collection of the voter’s signature is considered a collection of personal information with their consent deemed to be received under PIPA, since the voter has volunteered to provide his or her signature for the resulting use and disclosure that would be considered reasonable for that purpose.
In order to show that a special resolution was passed by the required number of eligible voters, the Condominium Corporation should retain the signed resolutions to show that the special resolution was ‘properly passed.’ The vote results and voter names recorded in the minutes may be disclosed under PIPA.
In order to comply with the CPA, it is reasonable that the Condominium Corporation verifies the eligibility of individuals who volunteer to stand for election to the Board, as set out in the bylaws. As such, Condominium Corporations can collect the required personal information to determine eligibility.
The Board can consider individuals who provide their name and personal information for purposes of standing for election to have implied their consent to the collection, use, and disclosure of their information for this purpose.
The names and contact information of the members of the Board of Directors can be disclosed as business contact information under PIPA. A Board member can decide what contact information to provide for these purposes such as which telephone number he or she wishes to use for Condominium Corporation business. The collection, use or disclosure must be limited to only those purposes of enabling the individual to be contacted in relation to his or her business responsibilities.
Board members’ names and addresses are also filed with Land Titles and members of the public may obtain a copy of the filed “Notice of Change of Directors” form.
A Board of Directors or management company, as an agent of the Board, may collect, use, and disclose personal information to:
PIPA permits the collection, use, and disclosure of personal information without consent for these purposes.
The Condominium Corporation is permitted by the CPA to collect, use, and disclose the personal information of tenants and owners where an owner rents out his or her unit. PIPA permits the collection, use and disclosure of personal information in accordance with another Act.
Condominium Corporations can use video surveillance systems only in common areas. Residents and guests must be notified that the area is under video surveillance, and the reasons for the use and possible disclosure of the video surveillance may also be provided.
To connect with the FOIP-PIPA HelpDesk:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-427-5848
Toll free: 310-0000 before the phone number (in Alberta)
For issues related to trade unions other than PIPA, please contact Alberta Labour Relations Board:
Toll free: 1-800-463-2572
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