PIPEDA and PIPA -Statute of Alberta 2003, Part-1

As we know and we have explained in our earlier article that PIPEDA is the product which received a royal assent on 13th January 2000 and came into effect in various stages so is not the case with PIPA- Alberta (Personal Information Protection Act- Alberta) the case is the product of Legislative Assembly of Alberta as this peice of legislation is province based. 

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Enforcement of PIPA- Alberta

PIPA- Alberta came into force on 1st January 2004.

The province of  Alberta has three laws with respect to the information laws applicable in Alberta and they are-

  1. Freedom of Information and Protection of Privacy Act (FOIP)- Applies to Government Bodies.
  1. Health Information Act (HIA)- Applies to ‘custodians’ such as Alberta Health Services, Health Quality Council of Alberta etc.
  1. Personal Information and Protection Act (PIPA)- Applies to Private Sector Organizations.

Applicability of PIPA- Alberta

The act is applicable to the provincially regulated private sector organisation that includes- Corporation, Unincorporated- Associations, Professional regulatory association, trade unions, partnership, private schools or colleges, or any individual acting or engaged in commercial activating in the provinces. 

As far as non-profit organization is concerned the PIPA-Alberta applies only to certain extent so long the extension is touching the commercial activity. This fact is very much clear from the website of the office of the Information and Privacy Commissioner of Alberta.

Non-Applicability of PIPA-Alberta (the list we are providing here is limited please refer section 4 of Part 1 of PIPA, in order to know the detailed list and provision)

  1. Domestic purposes
  2. Artistic or literary purposes
  3. Information of an employee other than a personal employee for journalistic purposes
  4. Business contact information used in relation to an individual’s business responsibility
  5. Personal information in the custody of Freedom of Information and Protection of Privacy Act (FOIP)
  6. Health Information defined under Health Information Act
  7. Personal information of a person dead for at least 20 years
  8. Personal Information of an individual contained in a record for at least 100 years
  9. Personal information contained in court files.

List of Laws that need to be read along with PIPA-Alberta

  1. In order to understand the definition of Credit Reporting Organization the reference needs to be taken from the Consumer Protection Act.
  1. For the Commissioner’s meaning, Public Body, reference is directed to Freedom of Information and Protection of Privacy Act (hereinafter referred to as ‘FOIP’).
  1. The Minister’s definition is directed to refer to the Government Organization Act.
  1. In order to understand organization under the act, the trade union defined under Labour Relations Code, partnership defined under Partnership Act to be referred.
  1. In terms of Regulation of Alberta the Regulation Act is to be referred.
  1. Regulation of Canada meaning is provided under Statutory Instrument Act, etc.

……… to be continued……….