According to the Rules
© 2002, Association Xpertise Inc. www.axi.ca
According to the Rules highlights legislative, regulatory and similar issues that affect the operation or governance of associations and other not-for-profit organizations.
Privacy Update - British Columbia To Enact Legislation
-----------------------------------------------
The British Columbia government recently
announced that it intends to introduce legislation concerning "private
sector privacy" in Spring 2003.
According to BC's Ministry of Management
Services, the government does not want the federal Personal Information
Protection and Electronic Documents Act ("PIPEDA") to apply in
this province to provincially-regulated organizations because: 1)
PIPEDA "is a complex, even awkward act that is difficult to interpret and
implement"; 2) PIPEDA will not apply to the personal information of
employees of provincial companies (a gap the government considers undesireable);
and 3) BC does not want provincial enterprises to be subject to an Ottawa-based
Privacy Commissioner who would have difficulty understanding the unique needs
and concerns of BC.
The B.C. Ministry of Management
Services, through the Corporate Privacy and Information Access Branch, is said
to be "undertaking an extensive series of formal information and
consultation sessions throughout the province" involving "opinion and
business leaders, the business community at large, key business, community and
professional organizations and advocacy groups."
The Ministry has issued a "Consultation
Paper" which is accessible on the Internet at http://www.mser.gov.bc.ca/foi_pop/psp/PSP-Consult.doc.
Anyone interested in this subject
should also review the explanatory letter from Catharine Read, Deputy
Minister, which is available at http://www.mser.gov.bc.ca/foi_pop/psp/dmintro.doc
and the "Questions and Answers" document at http://www.mser.gov.bc.ca/foi_pop/psp/QandA.doc.
Roger D. McConchie, a lawyer with
Borden Ladner Gervais LLP, can be reached at (604) 640-4080 or by e-mail at rmcconchie@blgcanada.com