Questions & Answers

How does PIPA affect non-profit organizations with respect to collecting information for golf-tournaments and other fundraising activities?

Non-profit organizations as defined in the PIPA Act (section 56) will only be covered by PIPA to the extent that personal information is collected, used, or disclosed during a commercial activity. The term "commercial activity" has had little interpretation, but generally is defined as any transaction, act or conduct that is of a commercial character (such as selling, bartering or leasing of membership lists, charging fees for counselling services and so on).

For example, if a non-profit organization is charging fees for a golf tournament, the information that is collected, used and disclosed may be subject to PIPA. Generally, this means that the non-profit organization would need to follow the rules under the Act when it comes to notifying the individuals of what information is being collected, what it will be used for and who it may be disclosed to. The individuals may be required to give their consent for the uses and disclosures, and their information may not be used for any other purpose, unless they give their consent.

There are also other factors to determine "commercial activity" for non-profit organizations; and to read more about those factors please refer to the Information Sheet for Non-Profit Organizations found on the Private Sector Privacy website. For more information:  PIPA Information Sheet 1:  Non-Profit Organizations

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