The factor of "data held by professional order of a political party" is used to define the scope of data protection laws by excluding specific types of data held by certain entities, namely political parties and professional orders. This factor helps determine whether data protection regulations apply to these entities and their handling of personal data, providing clarity on the extent to which data protection laws should regulate their activities.

Provision Examples

"ARPPIPS Div.1(1) in Canada - Quebec: This Act also applies to personal information held by a professional order to the extent provided for by the Professional Code (chapter C-26) and to that held by a political party, an independent Member or an independent candidate to the extent provided for by the Election Act (chapter E-3.3)."

Description

The applicability factor concerning data held by professional orders and political parties is essential for defining the boundaries of data protection laws. It specifies that these entities may have different rules governing their data management practices compared to other organizations.

Rationale and Commonalities

The rationale behind this factor is to acknowledge the unique roles and regulatory frameworks associated with political parties and professional orders. These entities often operate under separate legal frameworks that may provide specific regulations for data handling:

• Professional Orders: These bodies are established to regulate and oversee specific professions, ensuring adherence to standards and ethical practices. Their data handling is often guided by their own regulatory codes rather than general data protection laws.
• Political Parties: Similarly, political parties are governed by election laws that address data management in the context of political activities and campaigns. This allows for tailored data handling practices that align with electoral regulations.

Different Approaches

The provided provision from Quebec's ARPPIPS highlights the integration of specific regulations for professional orders and political parties:

• Professional Orders: Under Quebec's ARPPIPS, personal data held by professional orders is subject to the Professional Code, which provides a framework for data protection that may differ from general data protection laws.
• Political Parties: Data held by political parties, independent members, or candidates is regulated under the Election Act, which encompasses specific provisions for managing personal data in political contexts.

International frameworks such as the OECD Privacy Framework or the APEC Privacy Principles may offer general principles that could influence how data protection applies to political parties and professional orders, but specific provisions like those in Quebec's ARPPIPS are tailored to local legal and regulatory contexts.

Implications

The exclusion of data held by professional orders and political parties from general data protection laws can have several implications:

Practical Examples

• Professional Orders: In Quebec, a professional order managing data on certified professionals, such as medical practitioners or engineers, will follow the rules set out by the Professional Code rather than the general data protection laws. This might include specific requirements for data retention and handling that are distinct from those in broader privacy regulations.
• Political Parties: Data collected by political parties during election campaigns, such as voter registration information and campaign contributions, is governed by the Election Act. This ensures that the data management practices align with electoral laws, which may differ from general data protection requirements.

These exemptions help to ensure that entities with specific regulatory frameworks can operate efficiently while still respecting privacy norms within their particular contexts.