Canada - Alberta: Exception for Information about Legal Entities
The Alberta PIPA explicitly excludes certain types of information from its scope of application. Section 4(3)(d) establishes an exception for "business contact information" when it is processed for specific purposes.
Key elements of this provision include:
- Type of information: The exception applies to "business contact information" of an individual. While not explicitly defined in this section, this typically includes information such as name, position, business address, business phone number, and business email address.
- Purpose limitation: The exception only applies when the information is collected, used, or disclosed "for the purposes of enabling the individual to be contacted in relation to the individual's business responsibilities". This narrow purpose ensures that the exception is not misused for other types of processing.
- Exclusivity of purpose: The provision explicitly states that the exception applies "for no other purpose" beyond enabling business-related contact. This emphasizes the strict limitation on the use of this exception.
It's important to note that this exception does not create a blanket exclusion for all information related to businesses or legal entities. Instead, it narrowly focuses on contact information used for business communication purposes.
Implications
This exception has several implications for businesses operating in Alberta:
- Simplified business communications: Companies can collect, use, and disclose business contact information without the full obligations imposed by PIPA, facilitating normal business operations and networking.
- Limited scope: The exception only applies to contact information used for business purposes. Other personal information about individuals in a business context may still be subject to PIPA's requirements.
- Purpose restriction: Businesses must be careful to use this exception only for its intended purpose. Using business contact information for marketing or other purposes not directly related to the individual's business responsibilities would likely fall outside this exception.
- Need for clear policies: Organizations should establish clear guidelines to distinguish between business contact information covered by this exception and other personal information that remains subject to PIPA.
- Potential gray areas: There may be situations where it's unclear whether certain information qualifies as "business contact information" or whether its use is strictly for contacting individuals about their business responsibilities. In such cases, organizations may need to seek legal advice or err on the side of caution by treating the information as protected under PIPA.