Alberta Data Protection Law: Exemption for Specific Purposes of Processing

The factor of Exemption for Specific Purposes of Processing is used in determining the law's applicability by excluding certain types of data processing activities from the scope of the Alberta Personal Information Protection Act (PIPA) based on their specific purposes.

Text of Relevant Provisions

PIPA Sec.4(3)(d):

"(3) This Act does not apply to the following: (d) the collection, use or disclosure of an individual's business contact information if the collection, use or disclosure, as the case may be, is for the purposes of enabling the individual to be contacted in relation to the individual's business responsibilities and for no other purpose;"

PIPA Sec.4(3)(c):

"(3) This Act does not apply to the following: (c) the collection, use or disclosure of personal information, other than personal employee information that is collected, used or disclosed pursuant to section 15, 18 or 21, if the collection, use or disclosure, as the case may be, is for journalistic purposes and for no other purpose;"

Analysis of Provisions

The Alberta Personal Information Protection Act (PIPA) specifies certain exemptions for specific purposes of processing personal information. These exemptions are designed to balance the protection of personal information with the legitimate needs of organizations and society.

1. Business Contact Information Exemption (PIPA Sec.4(3)(d)): The law does not apply to the collection, use, or disclosure of an individual's business contact information if it is solely for the purpose of contacting the individual in relation to their business responsibilities. This exemption recognizes that business contact information is often publicly available and necessary for professional communication.
2. Journalistic Purposes Exemption (PIPA Sec.4(3)(c)): The law exempts the collection, use, or disclosure of personal information for journalistic purposes, except for personal employee information. This exemption is crucial for protecting freedom of the press and ensuring that journalists can carry out their work without undue restrictions.

Both exemptions are limited to their specific purposes and cannot be used for any other purpose.

Implications

These exemptions have significant implications for businesses and organizations operating in Alberta:

1. Business Contact Information:
   • Companies can freely collect, use, and disclose business contact information without complying with PIPA's requirements, as long as it's solely for business communication purposes.
   • This allows for efficient business networking and communication without the need for consent or other PIPA obligations.
2. Journalistic Purposes:
   • Media organizations and journalists can collect, use, and disclose personal information for journalistic purposes without being bound by PIPA's restrictions.
   • This exemption supports freedom of the press and investigative journalism.
   • However, the exemption does not apply to personal employee information, meaning that media organizations must still comply with PIPA when handling their employees' personal information.

Organizations must be careful to ensure that their use of these exemptions is strictly limited to the specified purposes. Any use of the collected information for other purposes would bring the processing back under the scope of PIPA.