Privacy (22:XII) - Revision history

LSLAP at 19:46, 13 October 2025

2025-10-13T19:46:14Z

← Older revision		Revision as of 19:46, 13 October 2025
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	{{REVIEWED LSLAP \| date= ~~August 1, 2024~~}}		{{REVIEWED LSLAP \| date= 24 July 2025}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP at 18:23, 29 September 2025

2025-09-29T18:23:21Z

← Older revision		Revision as of 18:23, 29 September 2025
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	=== 1. The “Right to be Left Alone” ===		=== 1. The “Right to be Left Alone” ===

	[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1298/2008bcsc1298.html ''Heckert v 5470 Investments Ltd.'', 2008 BCSC 1298] defines “privacy” at para 72 as: “the right to be let alone, the right of a person to be free from unwarranted publicity […] the right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.”		''[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1298/2008bcsc1298.html Heckert v 5470 Investments Ltd.]'', 2008 BCSC 1298 defines “privacy” at para 72 as: “the right to be let alone, the right of a person to be free from unwarranted publicity […] the right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.”

	Further, the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96373_01 ''Privacy Act'', RSBC 1996, c 373] provides for a statutory cause of action for violation of privacy in section 1(1): it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another.		Further, the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96373_01 Privacy Act]'', RSBC 1996, c 373 provides for a statutory cause of action for violation of privacy in section 1(1): it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another.

	Only the BC Supreme Court can hear claims about ''Privacy Act'' breaches.		Only the BC Supreme Court can hear claims about ''Privacy Act'' breaches.
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	=== 2. Personal Information ===		=== 2. Personal Information ===

	“Personal information” is any information, whether fact or opinion, regarding an identifiable individual. The only exception is business contact information. “Business contact information” is a person’s name and business address, business telephone, business fax number, and business email address. Under the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 ''Personal Information Protection Act'', SBC 2003, c 63] [''PIPA''], the most recent enactment of the ''Privacy Act'', business information is not personal information and can be disclosed freely.		“Personal information” is any information, whether fact or opinion, regarding an identifiable individual. The only exception is business contact information. “Business contact information” is a person’s name and business address, business telephone, business fax number, and business email address. Under the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 Personal Information Protection Act]'', SBC 2003, c 63 [''PIPA''], the most recent enactment of the ''Privacy Act'', business information is not personal information and can be disclosed freely.

	A strata corporation is required by the ''SPA'' to collect certain personal information, including names and addresses of strata lot owners, tenants, and occupants. In addition, strata corporations frequently collect other personal information, such as banking information, letters of complaint, and emergency contact information.		A strata corporation is required by the ''SPA'' to collect certain personal information, including names and addresses of strata lot owners, tenants, and occupants. In addition, strata corporations frequently collect other personal information, such as banking information, letters of complaint, and emergency contact information.

LSLAP at 00:12, 4 August 2024

2024-08-04T00:12:51Z

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	{{REVIEWED LSLAP \| date= ~~July 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 1, 2024}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP at 21:55, 31 July 2024

2024-07-31T21:55:42Z

← Older revision		Revision as of 21:55, 31 July 2024
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	=== 1. The “Right to be Left Alone” ===		=== 1. The “Right to be Left Alone” ===

	[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1298/2008bcsc1298.html ''Heckert v 5470 Investments Ltd.'', 2008 BCSC 1298] defines “privacy” at para. 72 as: “the right to be let alone, the right of a person to be free from unwarranted publicity … the right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.”		[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1298/2008bcsc1298.html ''Heckert v 5470 Investments Ltd.'', 2008 BCSC 1298] defines “privacy” at para 72 as: “the right to be let alone, the right of a person to be free from unwarranted publicity […] the right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.”

	Further, the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96373_01 ''Privacy Act'', RSBC 1996, c 373] provides for a statutory cause of action for violation of privacy in s. 1(1): it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another. Only the BC Supreme Court can hear claims about ''Privacy Act'' breaches.		Further, the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96373_01 ''Privacy Act'', RSBC 1996, c 373] provides for a statutory cause of action for violation of privacy in section 1(1): it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another.

			Only the BC Supreme Court can hear claims about ''Privacy Act'' breaches.

	=== 2. Personal Information ===		=== 2. Personal Information ===

	“Personal information” is any information, whether fact or opinion, regarding an identifiable individual. The only exception is business contact information. “Business contact information” is a person’s name and business address, business telephone, business fax number, and business email address. Under the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 ''Personal Information Protection Act'', SBC 2003, c 63] (“''PIPA''”), the most recent enactment of the ''Privacy Act'', business information is not personal information and can be disclosed freely.		“Personal information” is any information, whether fact or opinion, regarding an identifiable individual. The only exception is business contact information. “Business contact information” is a person’s name and business address, business telephone, business fax number, and business email address. Under the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 ''Personal Information Protection Act'', SBC 2003, c 63] [''PIPA''], the most recent enactment of the ''Privacy Act'', business information is not personal information and can be disclosed freely.

	A strata corporation is required by the ''SPA'' to collect certain personal information, including names and addresses of strata lot owners, tenants, and occupants. In addition, strata corporations frequently collect other personal information, such as banking information, letters of complaint, and emergency contact information.		A strata corporation is required by the ''SPA'' to collect certain personal information, including names and addresses of strata lot owners, tenants, and occupants. In addition, strata corporations frequently collect other personal information, such as banking information, letters of complaint, and emergency contact information.

Clicklaw Editor: /* 2. Personal Information */

2023-08-22T18:53:21Z

2. Personal Information

← Older revision		Revision as of 18:53, 22 August 2023
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	''PIPA'' also holds strata corporations responsible for any personal information it collects and any personal information collected on its behalf. Three matters of importance when assessing compliance with ''PIPA'' are:		''PIPA'' also holds strata corporations responsible for any personal information it collects and any personal information collected on its behalf. Three matters of importance when assessing compliance with ''PIPA'' are:

	# A strata corporation must obtain proper consent before collecting, using, or disclosing personal information from or about an individual. The strata lot owner, tenant, or occupant is entitled to know what is being done with their personal information;		:1. A strata corporation must obtain proper consent before collecting, using, or disclosing personal information from or about an individual. The strata lot owner, tenant, or occupant is entitled to know what is being done with their personal information;
	# A strata corporation should have proper system in place to ensure that all the personal information in its possession is protected;		:2. A strata corporation should have proper system in place to ensure that all the personal information in its possession is protected;
	# A strata corporation must be prepared to respond to request from individuals for access to their own personal information. An organization under ''PIPA'' must provide upon request ~~the~~ personal information of that individual that the strata corporation has in its possession~~, the~~ ways in which the personal information is being used, and ~~the~~ names of individuals and organizations to which the personal information has been disclosed.		:3. A strata corporation must be prepared to respond to request from individuals for access to their own personal information. An organization under ''PIPA'' must provide upon request:
			:::a) The personal information of that individual that the strata corporation has in its possession;
			:::b) The ways in which the personal information is being used; and
			:::c) The names of individuals and organizations to which the personal information has been disclosed.


	{{LSLAP Manual Navbox\|type=chapters15-23}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

Clicklaw Editor: /* 2. Personal Information */

2023-08-22T18:51:02Z

2. Personal Information

← Older revision		Revision as of 18:51, 22 August 2023
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	# A strata corporation should have proper system in place to ensure that all the personal information in its possession is protected;		# A strata corporation should have proper system in place to ensure that all the personal information in its possession is protected;
	# A strata corporation must be prepared to respond to request from individuals for access to their own personal information. An organization under ''PIPA'' must provide upon request the personal information of that individual that the strata corporation has in its possession, the ways in which the personal information is being used, and the names of individuals and organizations to which the personal information has been disclosed.		# A strata corporation must be prepared to respond to request from individuals for access to their own personal information. An organization under ''PIPA'' must provide upon request the personal information of that individual that the strata corporation has in its possession, the ways in which the personal information is being used, and the names of individuals and organizations to which the personal information has been disclosed.


	{{LSLAP Manual Navbox\|type=chapters15-23}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

LSLAP: Added the text

2023-08-20T05:02:14Z

Added the text

← Older revision		Revision as of 05:02, 20 August 2023
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	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

			== A. Overview of Privacy Obligations ==

			There are two main aspects to privacy within a strata context, one concerning “the right to be left alone” and the other concerning the collection, use, disclosure, and protection of personal information.

			=== 1. The “Right to be Left Alone” ===

			[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1298/2008bcsc1298.html ''Heckert v 5470 Investments Ltd.'', 2008 BCSC 1298] defines “privacy” at para. 72 as: “the right to be let alone, the right of a person to be free from unwarranted publicity … the right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.”

			Further, the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96373_01 ''Privacy Act'', RSBC 1996, c 373] provides for a statutory cause of action for violation of privacy in s. 1(1): it is a tort, actionable without proof of damage, for a person, willfully and without a claim of right, to violate the privacy of another. Only the BC Supreme Court can hear claims about ''Privacy Act'' breaches.

			=== 2. Personal Information ===

			“Personal information” is any information, whether fact or opinion, regarding an identifiable individual. The only exception is business contact information. “Business contact information” is a person’s name and business address, business telephone, business fax number, and business email address. Under the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 ''Personal Information Protection Act'', SBC 2003, c 63] (“''PIPA''”), the most recent enactment of the ''Privacy Act'', business information is not personal information and can be disclosed freely.

			A strata corporation is required by the ''SPA'' to collect certain personal information, including names and addresses of strata lot owners, tenants, and occupants. In addition, strata corporations frequently collect other personal information, such as banking information, letters of complaint, and emergency contact information.

			''PIPA'' also holds strata corporations responsible for any personal information it collects and any personal information collected on its behalf. Three matters of importance when assessing compliance with ''PIPA'' are:

			# A strata corporation must obtain proper consent before collecting, using, or disclosing personal information from or about an individual. The strata lot owner, tenant, or occupant is entitled to know what is being done with their personal information;
			# A strata corporation should have proper system in place to ensure that all the personal information in its possession is protected;
			# A strata corporation must be prepared to respond to request from individuals for access to their own personal information. An organization under ''PIPA'' must provide upon request the personal information of that individual that the strata corporation has in its possession, the ways in which the personal information is being used, and the names of individuals and organizations to which the personal information has been disclosed.

	{{LSLAP Manual Navbox\|type=chapters15-23}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

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2023-07-28T23:19:00Z

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