Renting a Place to Live/Landlords/Privacy
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Privacy
What privacy laws in Alberta apply to landlords?
In Alberta, there are a number of laws dealing with the protection of personal information: the Freedom of Information and Protection of Privacy Act (FOIP), the Personal Information Protection Act (PIPA), and the Health Information Act (HIA).
The only one that applies to the information that you obtain from your tenants is the [[#How does the Personal Information Protection Act (PIPA) apply to landlords?| Personal Information Protection Act]] (PIPA).
How does the Personal Information Protection Act (PIPA) apply to landlords?
The Personal Information Protection Act sets out rules for how private organizations and individuals running a commercial business should deal with personal information relating to customers (or tenants) and employees.
The Act has several key concepts:
- Obtaining permission when collecting personal information except when not appropriate.
- Only collecting a reasonable amount of information for reasonable purposes.
- Only using or disclosing information for the reason it was provided unless otherwise allowed by the Act or by the individual.
- Provide access to information if an individual asks for details about what personal information of theirs exists and how it is used.
- Correct any incorrect personal information details if asked to do so.
- Keep personal information of others secure and only for as long as is reasonable for business and legal purposes.
- Designate someone to have responsibility to make sure you comply with the Act and to provide information about how your organization or business manages personal information.
I am not an incorporated business. Does PIPA still apply to me?
Yes. An individual running a commercial business does not have to be incorporated to be covered by the law.
Are there federal Canadian privacy laws that apply to landlords?
The Canadian government has the Personal Information Protection and Electronic Documents Act (PIPEDA) which establishes rules for private sector organizations (including landlords) regarding the management of personal information. Now that Alberta has passed its own Personal Information Protection Act (PIPA), which has the same effect as PIPEDA, the Alberta law is used in this province.
However, PIPEDA still applies to private sector organizations when carrying out commercial activities involving personal information that crosses Alberta's borders. For example, if a landlord does a credit check on a tenant and discloses an individual's personal information to the credit reporting agency in Ontario, the disclosure of the personal information to the Ontario organization makes the transaction subject to PIPEDA.
What penalties can be imposed under PIPA?
PIPA provides for penalties to be imposed for offences such as
- trying to access information other than permitted by PIPA;
- collecting, using, or disclosing information other than permitted by PIPA; and
- misleading the Office of the Privacy Commissioner in its investigations.
Penalties are up to $10,000 for an individual and up to $100,000 for organizations.
It is also possible for individuals to take legal action if you do not comply with PIPA. As a landlord, you can show you are not liable if you can prove that you acted reasonably in the situation.
Can I require applicants to provide their social insurance number (SIN)? It makes it easier to do a credit check.
The federal Office of the Privacy Commissioner recommends private sector organizations DO NOT collect SINs unless you are paying the individuals and need the information for tax purposes.
However, it is not against the law to request that the applicant provide the information. The applicant is also under no obligation to provide the information.
If you collect the SIN, you must clearly state why you are collecting it. You cannot use the information for any purpose other than what you stated at the time that you collected it. As with all other personal information that you collect, you must also ensure the information is kept secure by making sure that unauthorized people do not have access to it.
For more information, see the Office of the Privacy Commissioner of Canada.
Can I request a credit check on an applicant without the consent of the applicant?
No. The Fair Trading Act requires that you must have the agreement of an applicant to conduct a credit check for the purpose of considering whether or not to make or renew a tenancy agreement. You must be sure to have the agreement in a form that can be verified, for example, in writing.
See Also
This page was last updated in March, 2006.
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