The following is information supplied to the EPRA by the Federation of Calgary Communities.

The federal Personal Information Privacy and Electronic Documents Act (PIPEDA) legislation was implemented January 1, 2001 for federally regulated industry, such as banking and telecommunication and will apply to provincially regulated businesses as of January 1, 2004 except in provinces that have developed substantially similar legislation.

The federal legislation (PIPEDA) definition of Personal Information: Personal Information includes any factual or subjective information, recorded or not, about an identifiable individual. This includes information in any form, such as;

1. Age, name, ID numbers, income, ethnic origin, or blood type.

2. Opinions, evaluations, comments, social status, or disciplinary actions

3. Employee files, credit records, loan records, medical records, existence of a dispute between a consumer and merchant, intentions.

Personal information does not include the name, title, business address or telephone number of an employee or organization. (Often this is referred to as business card or telephone book information)

The provinces can choose to have provincial legislation if, in the opinion of the federal Privacy Minister, the legislation is the same or substantially similar to the federal legislation.

The Province of Alberta, Personal Information Privacy Act (PIPA) is approved legislation that has been submitted to the federal government for approval. This approval is not expected by January 1, 2004, however approval is expected. That essentially means that all Alberta will be under the federal legislation, effective January 1, 2004 but with federal approval Alberta legislation will become effective.

In conversation with a representative from the provincial Information & Privacy Commission, the provincial legislation (PIPA-Bill44) does not apply to a non-profit organization or any personal information that is in the custody of or under the control of a non-profit organization.

This act does apply to a non-profit organization in the case of personal information that is collected, used or disclosed by the non-profit organization in connection with any commercial activity carried out by the non-profit organization.

The provincial legislation (PIPA) definition of Personal Information and Commercial Activity:

Follow up to an inquiry to Wayne Cao, MLA, he responded with "Neither piece of legislation will apply to personal information that is collected as part of a transaction that is not a commercial activity, nor to the personal information of employees and volunteers of nonprofit organizations."

What does this mean for the Community Associations?

1. The provincial legislation has been filed for federal approval. Effective January 1, 2004 all Alberta will likely be under the federal PIPEDA legislation as the provincial PIPA legislation will not be approved. The provincial legislation is expected to be approved.

2. If the Community Association does "sell, barter or lease membership lists, or donor or other fund raising lists" the legislation will apply and provincial Bill 44 should be read and complied with.

Note: The EPRA does not sell, barter or lease membership lists or donor or fundraising lists.