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“Point in Time” Act Content

PERSONAL INFORMATION PROTECTION ACT

[SBC 2003] CHAPTER 63

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1July 4, 2004
6October 21, 2004
8October 21, 2004
 March 10, 2016
12May 18, 2006
15May 18, 2006
18May 18, 2006
22October 21, 2004
23October 21, 2004
 October 21, 2004
 October 21, 2004
 May 18, 2006
28October 21, 2004
30October 21, 2004
 October 21, 2004
36October 21, 2004
 December 1, 2007
38June 21, 2007
 June 21, 2007
 June 21, 2007
 June 21, 2007
 June 21, 2007
38.1 to 38.2June 21, 2007
41October 21, 2004
 October 21, 2004
51October 21, 2004
52October 21, 2004
 December 1, 2007
58October 21, 2004
57December 1, 2007
 May 18, 2006

  Section 1 definitions of "credit report" and "credit reporting agency" BEFORE amended by 2004-02-230 effective July 4, 2004 (BC Reg 274/2004).

"credit report" has the same meaning as "report" in section 1 of the Credit Reporting Act;

"credit reporting agency" has the same meaning as "reporting agency" in section 1 of the Credit Reporting Act;

  Section 6(2)(b) BEFORE amended by 2004-67-20 effective October 21, 2004 (Royal Assent).

(b) this Act authorized the collection, use or disclosure is authorized without the consent of the individual, or

  Section 8(2) BEFORE amended by 2004-67-21 effective October 21, 2004 (Royal Assent).

(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.

  Section 8(2)(part) BEFORE amended by 2016-5-41,Sch 3 effective March 10, 2016 (Royal Assent).

(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

  Section 12(1)(k) and (l) were added by 2006-24-48 effective May 18, 2006 (Royal Assent).

  Section 15(1)(h.1) was added by 2006-24-49 effective May 18, 2006 (Royal Assent).

  Section 18(4) was added by 2006-24-50 effective May 18, 2006 (Royal Assent).

  Section 22 BEFORE amended by 2004-67-22 effective October 21, 2004 (Royal Assent).

22  An organization may disclose personal information for archival or historical purposes if

  Section 23(3) BEFORE amended by 2004-67-23(a) to (d) effective October 21, 2004 (Royal Assent).

(3)  An organization is not required to disclose personal information under subsection (1) in the following circumstances:

(a) the personal information is protected by solicitor-client privilege;

(b) the disclosure of the personal information would reveal confidential commercial information that if disclosed, could, in the opinion of a reasonable person, harm the competitive position of the organization;

(c) the personal information was collected without consent, as allowed under section 12, for the purposes of an investigation and the investigation and associated proceedings and appeals have not been completed;

(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) the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act

(i)  under a collective agreement,

(ii)  under an enactment, or

(iii)  by a court.

  Section 23(3.1) was added by 2004-67-23(e) effective October 21, 2004 (Royal Assent).

  Section 23(4) BEFORE amended by 2004-67-23(f) effective October 21, 2004 (Royal Assent).

(4)  An organization must not disclose personal information under subsection (1) in the following circumstances:

  Section 23(3)(f) was added by 2006-24-51 effective May 18, 2006 (Royal Assent).

  Section 28(c) BEFORE amended by 2004-67-24 effective October 21, 2004 (Royal Assent).

(c) unless section 23 (3) or (4) applies, to provide each applicant with

  Section 30(1) BEFORE amended by 2004-67-25 effective October 21, 2004 (Royal Assent).

(1)  In a response under section 28, if access to all or part of the personal information requested by the applicant is refused, the organization must tell the applicant,

  Section 30(2) BEFORE amended by 2004-67-25 effective October 21, 2004 (Royal Assent).

(2)  Despite subsection (1) (c), the organization may refuse in a response to confirm or deny the existence of personal information collected as part of an investigation.

  Section 36(1)(k) and (l) were added by 2004-67-26 effective October 21, 2004 (Royal Assent).

  Section 36(2)(a) BEFORE amended by 2007-14-204,Sch effective December 1, 2007 (BC Reg 354/2007).

(a) a duty imposed by this Act or the regulations has not been performed,

  Section 38(1) BEFORE amended by 2007-9-95 effective June 21, 2007 (BC Reg 226/2007).

(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.

  Section 38(1.1) was added by 2007-9-95 effective June 21, 2007 (BC Reg 226/2007).

  Section 38(2)(a)(ii) BEFORE amended by 2007-9-96(a) effective June 21, 2007 (BC Reg 226/2007).

(ii)  provided under this Act,

  Section 38(2)(b) BEFORE repealed by 2007-9-96(b) effective June 21, 2007 (BC Reg 226/2007).

(b) require an individual or an organization to produce documents, and

  Section 38(3), (5) and (6) BEFORE amended by 2007-9-97 effective June 21, 2007 (BC Reg 226/2007).

(3)  If information to which solicitor-client privilege applies is disclosed by a person to the commissioner at the request of the commissioner, or obtained by or disclosed to the commissioner under subsection (1) or (2) (a) or (b), the solicitor-client privilege is not affected by the way in which the commissioner has received the information.

(5)  Despite any other enactment or any privilege afforded by the law of evidence, an organization must provide to the commissioner any document, or a copy of any document, required under subsection (1) or (2) (a) or (b)

(a) if the commissioner does not specify a period for the purpose, within 10 days of the date of the commissioner's request for the document, or

(b) if the commissioner specifies a period, within the period specified.

(6)  If an organization is required to produce a document under subsection (1) or (2) (a) or (b) and it is not practicable to make a copy of the document, the organization must provide access for the commissioner to examine the document at its site.

  Sections 38.1 to 38.2 were enacted by 2007-9-98 effective June 21, 2007 (BC Reg 226/2007).

  Section 41(1) BEFORE amended by 2004-67-27(a) effective October 21, 2004 (Royal Assent).

(1)  The commissioner and anyone acting for or under the direction of the commissioner must not disclose any information obtained in performing their duties or exercising their powers and functions under this Act, except as provided in subsections (2) to (5).

  Section 41(6) was added by 2004-67-27(b) effective October 21, 2004 (Royal Assent).

  Section 51 BEFORE re-enacted by 2004-67-28 effective October 21, 2004 (Royal Assent).

 Burden of proof

51  At an inquiry into a decision to refuse an individual

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

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

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 collection, use or disclosure of the individual's personal information.

  Section 52(2)(a)(iv) was added by 2004-67-29 effective October 21, 2004 (Royal Assent).

  Section 52(3)(a) BEFORE amended by 2007-14-204,Sch effective December 1, 2007 (BC Reg 354/2007).

(a) confirm that a duty imposed by this Act or the regulations has been performed or require that a duty imposed by this Act or the regulations be performed;

  Section 58(2)(a.1) was added by 2004-67-30 effective October 21, 2004 (Royal Assent).

  Section 57(1) BEFORE amended by 2007-14-215,Sch effective December 1, 2007 (BC Reg 354/2007).

(1)  If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act or the regulations.

  Section 58(3)(b) BEFORE amended by 2006-24-52 effective May 18, 2006 (Royal Assent).

(b) impose on members of category of experts obligations respecting the use and disclosure of personal information obtained to make an assessment described in paragraph (a);