Sample Privacy Policy

The Owners, Strata Plan NW2671, Personal Information Protection

2021 DRAFT - Sunridge Estates Privacy Policy - 2021 DRAFT

BC’s Personal Information Protection Act (“PIPA”) came into effect on January 1, 2004, and applies to all strata corporations. That means the governing body, namely the strata council and its agents; not the owners.

PIPA and the Strata Property Act (the “SPA”) set out the ground rules for how Sunridge Estates, legally known as The Owners, Strata Plan NW2671 (“NW2671”) may collect, use and disclose personal information.

This Privacy Policy outlines the principles and practices that NW2671 will follow in protecting owners’ and residents’ personal information.  This policy also applies to any service providers or agents collecting, using, or disclosing personal information on behalf of NW2671.

Definitions for this Policy

Personal information –means information about an identifiable individual, for example your name, address, phone, pets, emergency contacts, marital status, medical or financial data, banking information, education, etc. Personal information does not include contact information.

Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this policy or PIPA.

Privacy Officer – means the individual designated responsibility for ensuring that Strata Plan NW2671 complies with this policy and PIPA. Unless otherwise stated it is the strata secretary, and if the office of secretary is vacant, it is the strata president.

Strata corporation – means NW2671 and includes its strata council, agents, property managers, lawyers, delegates, and other service providers.

1.    Policy for Collecting Personal Information

1.1.  We will communicate either orally or in writing, before or at the time of collection, the purposes for which personal information is being collected unless the purpose is required by law, or is already explained in this Privacy Policy, or the owner or resident voluntarily provides his or her personal information for purposes other than those that are obvious.

1.2.  We will only collect owner or resident information that is necessary to fulfill the following purposes:

1.2.1.     To meet regulatory requirements and comply with the Strata Property Act;

1.2.2.     To verify identity and deliver services;

1.2.3.     To communicate with owners and residents;

1.2.4.     To collect and process strata fee payments and other payments;

1.2.5.     To ensure the orderly management of the strata corporation;

1.2.6.     To allow for the use of electronic key fob access to ensure the safety of owners, residents and guests, and the protection of common property and common assets;

1.2.7.     To respond to emergencies;

1.2.8.     To respond to requests by owners for direct contact with others who provide express consent to share their phone or email for that purpose subject to strata bylaws that prohibit nuisance, illegal conduct, or interference with enjoyment.

1.3.  Personal information that is collected may include:

1.3.1.     Name, address, email address, and telephone numbers;

1.3.2.     Banking information;

1.3.3.     Emergency contact information;

1.3.4.     Vehicle description and license plates;

1.3.5.     Pet information;

1.3.6.     Names of family members or other individuals living with an owner or occupying the strata lot;

1.3.7.     Activities such as the opening of gates controlled by the electronic key fob access system.

2.    Policy for Consent

2.1.  We will obtain owner or resident consent to collect, use or disclose personal information except where, as noted below, we are authorized to do so without consent.

2.2.  Pursuant to sections 12, 15, and 18 of PIPA, we may collect, use or disclose personal information without the owner or resident‘s knowledge or consent in the following limited circumstances:

2.2.1.     When the collection, use or disclosure of personal information is permitted or required by s.35 and s.36 of the SPA, or any other enactment;

2.2.2.     When the personal information is available from a public source (e.g., a telephone directory, Land Title Office, Assessment Authority, etc.);

2.2.3.     In an emergency that threatens an individual's life, health, or personal security;

2.2.4.     When we require legal advice from a lawyer;

2.2.5.     For the purposes of collecting a debt;

2.2.6.     To investigate an anticipated breach of an agreement or a contravention of law.

2.3.  Consent can be provided in writing or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the owner or resident voluntarily provides personal information for that purpose.

2.4.  Consent may also be implied where an owner or resident is given notice and a reasonable opportunity to opt-out of his or her personal information being used for email notices, and the owner or resident does not opt-out.

2.5.  Subject to certain exceptions, including when the personal information is necessary to provide the service or the withdrawal of consent would frustrate the performance of a legal obligation, owners and residents can withhold or withdraw their consent for Strata Plan NW2671 to use their personal information in certain ways.  An owner or resident’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or document. If so, we will explain the situation to assist the owner or resident in making the decision.

3.    Policy for Using and Disclosing Personal Information

3.1.  We will not disclose sensitive medical or financial information about an owner or resident in minutes.

3.2.  We will only use or disclose owner or resident personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:

3.2.1.     To fulfill information requests as permitted under s.36 of the SPA, and in particular, correspondence you send or receive from the strata corporation and minutes recording decisions pursuant to s.35;

3.2.2.     To conduct owner or resident surveys in order to enhance the provision of our services;

3.2.3.     To contact our owners and residents directly about information, meetings and services that may be of interest;

3.3.  All bylaw infraction complaints and other correspondence to or from the strata corporation is automatically forwarded to all current strata councilors for decisions that must be recorded in minutes, but no medical, financial, or unnecessary personal information will be published.

3.4.  If correspondence is requested by others in accordance with sections 35 and 36 of the SPA, PIPA does not permit redacting email addresses or other personal information.

3.5.  We will not use or disclose owner or resident personal information for any additional purpose unless we obtain consent to do so.

3.6.  We will not sell owner or resident lists or personal information to other parties.

4.    Policy for Retaining Personal Information

4.1.  If we use owner or resident personal information to make a decision that directly affects the owner or resident, we will retain that personal information for at least one year so that the owner or resident has a reasonable opportunity to request access to it.

4.2.  Subject to policy 4.1, we will retain owner or resident personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose, and as required by the Strata Property Act.

5.    Policy for Ensuring Accuracy of Personal Information

5.1.  We will make reasonable efforts to ensure that owner or resident personal information is accurate and complete where it may be used to make a decision about the owner or resident or disclosed to another organization.

5.2.  Owner and residents may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing to the strata’s Privacy Officer and provide sufficient detail to identify the personal information and the correction being sought.

5.3.  If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.  If the correction is not made, we will note the owner or resident’s correction request in the file.

6.    Policy for Securing Personal Information

6.1.  We are committed to ensuring the security of owner’s and resident’s personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2.  The following security measures will be followed to ensure that owner or resident personal information is appropriately protected:

6.2.1.     physically securing offices where personal information is held;

6.2.2.     controlling access to personal information as appropriate;

6.2.3.     use of user IDs, passwords, encryption, firewalls for online access;

6.2.4.     securely disposing of information that is no longer required;

6.2.5.     contractually requiring any service providers to provide comparable security measures.

6.3.  We will use appropriate security measures when destroying owner’s or resident’s personal information such as shredding documents and deleting electronically stored information in a timely manner.

6.4.  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

7.    Providing Owners and Residents Access to Personal Information

7.1.  A full listing of the exceptions to owner access can be found in section 23 of PIPA. In general, owners and residents have a right to access their personal information, subject to limited exceptions. Examples include:

7.1.1.     solicitor-client privilege as set out in s.169 of the SPA

7.1.2.     any portions that reveal personal information about another individual who has not given explicit or implied consent to disclosure will be redacted

7.1.3.     health and safety concerns

7.2.  A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought and be forwarded to the Privacy Officer.

7.3.  Upon request, we will also tell owners and residents how we use their personal information and to whom it has been disclosed if applicable.

7.4.  Except as otherwise provided for in the Strata Property Act, we will make the requested information available within 30 business days along with a timely explanation for any exceptions, or provide written notice of an extension where additional time is required to fulfill the request.

7.5.  Except as otherwise provided for in the Strata Property Act, a minimal fee may be charged for providing access to personal information.  Where a fee may apply, we will inform the owner or resident of the cost and request further direction from the owner or resident on whether or not we should proceed with the request.

7.6.  If a request is refused in full or in part, we will notify the owner or resident in writing, providing the reasons for refusal and the recourse available to the owner or resident.

8.    Policy for Video Surveillance and Electronic FOB Gate Access

8.1.  The strata has no CCTV cameras in operation on the common property, and will promptly inform owners of the locations of any future installations or changes.

8.2.  Video surveillance cameras installed on common property must be authorized by the strata corporation's bylaws and cannot be used for the purpose of bylaw enforcement.

8.3.  Such a bylaw may authorize changes to video surveillance as the strata council deems necessary to meet the objectives of safety and security and protection of common property and common assets.

8.4.  The vehicle gate on Rambler Way is enabled with an electronic key fob access system to meet the objectives of safety and security and protection of common property and common assets. Council meeting minutes will promptly inform owners of any changes if it is ever monitored.

9.    Policy 9 for Questions and Complaints:  The Role of the Privacy Officer

9.1.  The Privacy Officer or designated individual is responsible for ensuring Strata Plan NW2671’s compliance with this policy and the Personal Information Protection Act.

9.2.  Owners and residents should direct any complaints, concerns or questions regarding Strata Plan NW2671’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the owner or resident may also write to the Information and Privacy Commissioner of British Columbia.

9.3.  The secretary of the strata council is NW2671’s Privacy Officer, or if it is another designated individual the name and contact information will be published in the minutes of the first council meeting following the AGM.

END OF NW2671 PRIVACY POLICY DATED APRIL 15, 2021