Legislation affecting
Personal Information Protection Act.

ATTORNEY GENERAL STATUTES AMENDMENT ACT, SBC 2007 c.14
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, SBC 2004 c.2
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), SBC 2006 c.24
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 3), SBC 2004 c.67
PUBLIC INQUIRY ACT, SBC 2007 c.9

Attorney General Statutes Amendment Act
SBC 2007 c.14

Personal Information Protection Act,  S.B.C. 2003, c. 63

36 (2) (a)    52 (3) (a)

 
          

215. The Acts listed in Column 1 of Schedule 15 are amended in the provisions listed opposite them in Column 2 by striking out "under this Act or the regulations" wherever it appears and substituting "under this Act":

Personal Information Protection Act,  S.B.C. 2003, c. 63

57 (1)

Dec.1, 2007 (BC Reg. 354/07)

Business Practices and Consumer Protection Amendment Act
SBC 2004 c.2

July 4, 2004 (BC Reg. 274/04)

Miscellaneous Statutes Amendment Act (no.2)
SBC 2006 c.24

(k) the personal information is collected for the purposes of the organization providing legal services to a third party and the collection is necessary for the purposes of providing those services, or

(l) the personal information is collected for the purposes of the organization providing services to a third party if

(i) the third party is an individual acting in a personal or domestic capacity,

(ii) the third party is providing the information to the organization, and

(iii) the information is necessary for the purposes of providing those services.

(h.1) the personal information was collected by the organization under section 12 (1) (k) or (l) and is used to fulfill the purposes for which it was collected, .

(4) An organization may disclose personal information to another organization, or to a public body, without consent of the individual to whom the information relates, if

(a) the personal information was collected by an organization under section 12 (1) (k) or (l),

(b) the disclosure between the organizations, or between the organization and the public body, is for the purposes for which the information was collected,

(c) the disclosure is necessary for those purposes, and

(d) for each disclosure under this subsection, the third party referred to in section 12 (1) (k) or (l), as applicable, consents to the disclosure.

(f) the information is in a document that is subject to a solicitor's lien.

May 18, 2006 (RA)

Miscellaneous Statutes Amendment Act (no.3)
SBC 2004 c.67

21. Section 8 (2) is repealed and the following substituted:

(2) An individual is deemed to consent to the collection, use or disclosure of personal information for the purpose of his or her enrollment or coverage under an insurance, pension, benefit or similar plan, policy or contract if he or she

(a) is a beneficiary or has an interest as an insured under the plan, policy or contract, and

(b) is not the applicant for the plan, policy or contract.

Section 8 (2) BEFORE repealed by 2004-67-21:
(2) An individual is deemed to consent to the collection, use or disclosure of personal information for the purpose of his or her enrollment and coverage under an insurance, pension, benefit or similar plan if he or she is a beneficiary or has an interest as an insured under the plan.  

23. Section 23 is amended

(a) in subsection (3) by striking out "personal information under subsection (1)" and substituting "personal information and other information under subsection (1) or (2)",

(b) in subsection (3) (a) to (e) by striking out "personal",

(c) in subsection (3) (c) by adding "or disclosed" after "collected" and by adding "or 18" after "section 12",

(d) by repealing subsection (3) (d),

Subsection (3) (d) BEFORE repealed by 2004-67-23(d):
(d) the organization is a credit reporting agency and the personal information was last disclosed by the agency in a credit report more than 12 months before the request under subsection (1) was made;  

(e) by adding the following subsection:

(3.1) A credit reporting agency is not required to disclose the names of the individuals and organizations to whom the personal information was last disclosed by the agency in a credit report more than 12 months before the request under subsection (1) was made. , and

(f) in subsection (4) by striking out "personal information under subsection (1)" and substituting "personal information and other information under subsection (1) or (2)".  

24. Section 28 (c) is amended by striking out "section 23 (3) or (4)" and substituting "section 23 (3), (3.1) or (4)".

25. Section 30 is amended

(a) in subsection (1) by striking out "tell the applicant," and substituting "tell the applicant", and

(b) in subsection (2) by striking out "subsection (1) (c)" and substituting "subsection (1) (a)".

26. Section 36 (1) is amended by adding the following paragraphs:

(k) exchange information with any person who, under legislation of another province or of Canada, has powers and duties similar to those of the commissioner;

(l) enter into information-sharing agreements for the purposes of paragraph (k) and into other agreements with the persons referred to in that paragraph for the purpose of coordinating their activities and providing for mechanisms for handling complaints.

27. Section 41 is amended

(a) in subsection (1) by striking out "(2) to (5)" and substituting "(2) to (6)", and

(b) by adding the following subsection:

(6) The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in accordance with an information-sharing agreement entered into under section 36 (1) (l).

Burden of proof

51 At an inquiry into a decision to refuse an individual

(a) access to all or part of an individual's personal information,

(b) information respecting the use or disclosure of the individual's personal information, or

(c) the names of the sources from which a credit reporting agency received personal information about the individual,

it is up to the organization to prove to the satisfaction of the commissioner that the individual has no right of access to his or her personal information or no right to the information requested respecting the use or disclosure of the individual's personal information or no right to the names of the sources from which a credit reporting agency received personal information about the individual.

29. Section 52 (2) (a) is amended by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) if the organization is a credit reporting agency, to disclose to the individual the names of the sources from which it received personal information about the individual, .

30. Section 58 (2) is amended by adding the following paragraph:

(a.1) permitting prescribed categories of applicants to make requests under this Act orally instead of in writing; .

 

Public Inquiry Act
SBC 2007 c.9

(1) For the purposes of conducting an investigation or an audit under section 36 or an inquiry under section 50, the commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commissioner a document in the custody or under the control of the person, including a document containing personal information.

(1.1) The commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1)., and

Section 38 (1) BEFORE repealed by 2007-9-95:

(1) In conducting an investigation or an audit under section 36 or an inquiry under section 50 the commissioner has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

96. Section 38 (2) is amended

(a) by adding "and" at the end of paragraph (a) (ii), and

(b) by repealing paragraph (b).

Section 38 (2)(b) BEFORE repealed by 2007-9-96:

97. Section 38 (3), (5) and (6) is amended by striking out "subsection (1) or (2) (a) or (b)" and substituting "subsection (1) or (2) (a)".

98. The following sections are added:

Maintenance of order at hearings

38.1 (1) At an oral hearing, the commissioner may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commissioner, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

38.2 (1) The failure or refusal of a person subject to an order under section 38 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records in the person's custody or under the person's control.

(2) The failure or refusal of a person subject to an order or direction under section 38.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.