Consent (Part 3)
Consent which plays a crucial role in all Data Protection/Personal Information related laws. Under PIPA-British Columbia section 6 specifically mandates the organisation to not collect/use/disclose the personal information without the consent of the Individual. It further provides that if a Consent is taken/given on account of some misinformation it amounts to invalid or consent taken not validly.
Section 8 of this act provides for implied or implicit consent by providing deeming provisions in the following cases-
- If individual voluntarily provides the personal information
- Consent is deemed to be given, if it’s obvious to a reasonable person
- Beneficiary has any interest under any insurance or pension or similar kind of contract or plan or policy
- In cases where an organization has provided the individual with a notice, giving a reasonable opportunity to decline to have his/her personal information to be collected or used or disclosed and that individual does not decline within the time allowed/stipulated under the said notice.
Collection of Personal Information (Part 4)
Section 10 of the act mandates the organisation to disclose the individual in writing or verbally about the purpose for the collection of personal information and in case an organisation is collecting the personal information of an individual without his/her consent from another organisation then the other organisation must provide the sufficient information regarding the purposes of such collection so that the other organisation can determine whether the disclosure would be in accordance with this act or not.