PIPEDA Frequently Asked Questions

The following information is intended for the general information and guidance and does not constitute specific legal advice.

Q. When does the act come into force?
A. Immediately for brokers who collect personal informatiuon from out-of-province (or country) clients, or who disclose personal information outside the province (or country) for consideration. Insurance brokers operating strictly within a province are not required to comply with the act until January 1, 2004.

Q. Is the information collected and handled for the purpose of offering a home or automobile policy to an individual subject to the Act?
A. Yes. The Act applies to organizations that collect, use or disclose personal information in the course of commercial activity. Personal information is defined as "information about an identifiable individual." For insurance brokers, personal information will include things such as a client's age, marital status, medical, criminal, employment, or financial history, numerical identifiers such as the Social Insurance Number and driving license, and evaluations such as credit and driving records.

Q. Who is responsible for the personal information, whether in electronic form or otherwise sent from a broker to a third party such as an insurer?
A. The broker. Organizations are responsible for personal informaton that has been transferred to a third party for processing. While it is not possible to control the behaviour of third parties, you must give yourself reasonable assurances that the insurer or other third party receiving the information is complying with the Act.

Q. Does a broker need the client's consent to collect or disclose personal information in connection with a fraud investigation?
A. No. There are a number of exceptions to the Act's consent and access requirements, including those relating to fraud investigations.

Q. Does a broker need the client's consent to collect or disclose his/her personal information to a collection agency?
A. No. Disclosure of personal information without consent is permitted in certain specific circumstances, including for the purpose of collecting a debt owed by the individual to the organization.

Please contact our Privacy Officer if you:

• Wish to access your personal information.
• Wish to change your consent to the ways in which we may collect, use or disclose your personal information.
• Have a complaint about our privacy policies, or the manner in which we've handled your personal information.
• Have any other questions about our privacy policies, wish to obtain a copy of our Personal Information Policy & Procedure Handbook, or request additional information.