Material Applicability Factors

The Personal Information Protection Act (PIPA) of British Columbia includes five key material applicability factors: Historical Data Exemption, Exemption for Official Information of Public Servants, Government and Public Agency Exemption, Judicial Proceedings and Court Records Exemption, and Sectoral Exceptions Regulated by Other Laws.

Judicial Proceedings and Court Records Exemption

BC PIPA Art.3(2)(e)(i):

"This Act does not apply to the following: personal information in a court document"

BC PIPA Art.3(2)(e)(ii):

"This Act does not apply to the following: personal information in a document of a judge of the Court of Appeal, Supreme Court or Provincial Court, or a document relating to support services provided to a judge of those courts"

BC PIPA Art.3(2)(e)(v):

"This Act does not apply to the following: personal information in a judicial administration record as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act"

This exemption covers all court-related documents, including court records, judicial documents, and administrative records. The provision ensures judicial independence and the proper functioning of the court system.

Government and Public Agency Exemption

BC PIPA Art.3(2)(f):

"This Act does not apply to the following: personal information in a note, communication or draft decision of the decision maker in an administrative proceeding"

BC PIPA Art.3(2)(g):

"This Act does not apply to the following: the collection, use or disclosure by a member or officer of the Legislature or Legislative Assembly of personal information that relates to the exercise of the functions of that member or officer"

This exemption excludes administrative proceedings and legislative functions from the Act's scope.

Sectoral Exceptions Regulated by Other Laws

BC PIPA Art.3(2)(d):

"This Act does not apply to the following: personal information if the Freedom of Information and Protection of Privacy Act applies to the personal information"

This provision prevents overlapping regulation where other specific privacy legislation applies.

Historical Data Exemption

BC PIPA Art.3(2)(i):

"This Act does not apply to the following: the collection of personal information that has been collected on or before this Act comes into force"

This exemption excludes legacy data collected before the Act's implementation.