Personal Information Protection Act - British Columbia and Alberta: Quick Reference - 2019 Edition
By: Lorene A. Novakowski, LL.B., Mark Twigg, B.A., J.D.
ISBN/ISSN/Product Number: 978-0-7798-8530-5
Product Type: Book S.O. Annual/biannual/biennial
Anticip. Upkeep Cost: Annual volumes supplied on standing order subscription
Number of Pages: Approximately 450 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2018-12-20
Publisher: Carswell
Price: $98.00

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An essential quick reference for understanding the Personal Information Protection Act

This Quick Reference explains what personal employee information can or must be kept by the employer, what it can be used for, and with whom it can be shared. It outlines the employer requirements in each province with respect to the collection, disclosure, enforcement rules, process, and use of personal information by organizations.

New in this edition

  • A discussion of the new Guidelines for Obtaining Meaningful Consent jointly published by the federal Privacy Commissioner and the B.C. and Alberta Privacy Commissioners
  • Information on the new European Union (EU) General Data Protection Regulation (GDPR) and whether there is any impact on the “substantially similar” designation in relation to Canadian privacy legislation
  • Details on the Federal Privacy Commissioner’s identification of a number of purposes for the collection, use or disclosure of personal information that are “no-go zones” and which will generally be considered inappropriate by a reasonable person
  • Updates on recent case law, including Craig v. The Owners, Strata Plan 1526 (recording strata council member’s personal information in minutes), Comox Valley Distribution Ltd. v. United Steelworkers, Local 1-1937 (complaints about the disclosure of personal information as part of a meeting required by a collective agreement), Teck Coal Ltd. (Fording River and Elkview Operations) v. United Steelworkers, Locals 7884 and 9346 (randomized drug testing), Vancouver Dry Dock Co v. Marine Workers and Boilermakers Industrial Union Local 1 (grounds to support drug and alcohol testing), Zelstoff Celgar Ltd. v. Public and Private Workers of Canada Local 1 (evidence from a swipe card system being used to discipline an employee for alleged time theft), Compass Group Canada Ltd., Order P18.01 (withholding information on employment applications and reference forms because it would reveal the identity of interviewers and referees), University of British Columbia v. University of British Columbia Faculty Association (Galloway Grievance) (publishing misleading grounds for termination of a faculty member), and Grant Thornton Limited P2018-ND-056 (mistakenly sending information about other employees in packages sent by mail).


About the Author

Lorene Novakowski, B.Sc., LL.B., is a Partner with the Employment, Labour and Human Rights Practice Group of the Vancouver Office of Fasken Martineau DuMoulin LLP. Lorene is also the Regional Chair of the Privacy and Information Practice Group and a member of the Fasken Martineau National Privacy and Information Practice Group. Lorene assists employers and businesses to implement privacy policies and procedures, provides training, assists with access requests and provides timely and strategic advice in the event of a privacy breach. She has acted as counsel in inquiries before the Office of the Information and Privacy Commissioner, both in public sector and private sector matters. She has given advice on compliance in cross-border issues involving the B.C. public sector privacy law and assisted clients in negotiating privacy agreements with B.C. public sector bodies. She has given advice in respect of responses to government and law enforcement requests for personal information. She has assisted multinational companies in respect of their Canadian privacy obligations as well as Canadian companies in respect of international privacy rules. She has spoken regularly on various aspects of privacy law and, in particular, has provided numerous training sessions for human resources professionals on their obligations under the Personal Information Protection Act. She has also written articles on privacy and information protection and given interviews on the subject.

Martin Twigg, B.A., J.D., is an Associate with the Technology, Media and Telecommunications Practice Group and the Privacy and Cybersecurity Practice Group of the Vancouver Office of Fasken Martineau DuMoulin LLP. In addition to his commercial technology practice, Martin regularly advises clients with respect to compliance with federal and provincial privacy laws. Martin assists clients with developing and implementing privacy policies and procedures, and drafting and negotiating agreements that involve the handling of personal information. Martin also acts for clients in responding to access to information requests and inquiries before the Office of the Information and Privacy Commissioner.