ID Theft First Aid

Questions & Answers

As a community support service can we use a release of information for that an individual signs giving permission for sharing information between us and other community services or government departme

The response to this question has implications both under the FOIP Act and PIPA.

In relation to the FOIP Act

If the community support service is not a "public body" as defined by the FOIP Act, it is not subject to the FOIP Act. However, if the recipient of the information is a "public body", then the recipient must have authority to collect the personal information under section 33 of the FOIP Act. Consent is not relevant to a public body's authority to collect personal information under section 33 of the FOIP Act. In other words, it does not matter whether an individual consents to allowing a public body to have their personal information - that public body must have authority to collect that information as set out in section 33.

If the community support services is a public body, section 40(1) sets out the circumstances under which a public body may disclose personal information. Under section 40(1)(d) of the FOIP Act a public body may disclose personal information if the individual the information is about consents to the disclosure. The consent must be in writing and must specify to whom the personal information may be disclosed and how the personal information may be used.

In relation to PIPA

If the community support services fit the definition of non-profit organizations (section 56), then they wouldn't be subject to PIPA unless there was a commercial activity attached to the transaction.

If the community support service is an "organization" under PIPA, then a collection notice and consent form would most likely be required unless consent was implied (section 8(2)).

With regard to disclosing the personal information to a public body, that disclosure is permitted without consent under section 20(c) but the public body would have to be authorized or required by an enactment of Alberta or Canada to collect the information from the organization.



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