December 15th - 2003

Privacy law just around the corner

In a few weeks protecting personal privacy will become a "way of life" for REALTORS as well as all businesses in Canada.

In a few weeks protecting personal privacy will become a "way of life" for REALTORS as well as all businesses in Canada. Understanding the "philosophy and principles" behind this new law is the key to complying with it.

The issue of privacy compliance is bigger than many people think. OREA has been working for over a year to help REALTORS, boards and member firms to become privacy compliant. However, there is no "quick fix" for privacy compliance. There is no single document or rule that can make someone instantly compliant. Each individual needs to gain an understanding of the Personal Information Protection and Electronic Documents Act (PIPEDA), the CREA privacy code and their firm's privacy policy to be able to deal with privacy issues on a daily basis.

Change your thinking
As a REALTOR, you will need to change your thinking process and your day-to-day business processes and consider the privacy aspects of everything you do. You will need to constantly ask yourself:

  • Am I collecting, using or disclosing personal information right now?
  • Did I get consent to collect, use or disclose it in this way?
  • Am I keeping the information safe?
  • Am I making sure the information is accurate and up-to-date?
  • Do I still need the information for any business or legal reason?
  • If not, why am I not getting rid of it (securely)?

You will also want to always keep a copy of the CREA privacy code and your firm’s privacy policy with you and ensure you are complying with it. Protecting personal privacy is going to be law very soon and each individual is responsible for obeying the law.

Gain an understanding
The best way to get your head around this new privacy law and what you will need to do to comply is to attend OREA’s three-hour continuing education seminar entitled, Complying with Privacy. The seminar covers all aspects of the new law and provides examples, sample privacy policies and procedures for dealing with privacy on a daily basis. The demand for this seminar has been tremendous and more than 80 sessions have already been booked for the remainder of 2003 and into 2004.

There is also an entire section of the OREA website devoted to Privacy Compliance in the "My OREA" legal area. Visit the website to view all of the articles, pamphlets, sample policies and other resource materials produced by OREA regarding privacy. An excellent resource is the FAQ document which continues to grow on the website. The document is continuously updated as members submit their general privacy questions to privacy@orea.com.

Finally, if you haven't already viewed these documents, visit www.realtorlink.ca to see the CREA Privacy Toolkit; the federal government website at http://laws.justice.gc.ca/en/P-8.6/text.html to see the Personal Information Protection and Electronic Documents Act (PIPEDA) in its entirety; and the website of the Privacy Commissioner of Canada at http://www.privcom.gc.ca/index_e.asp, for additional resource materials.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Senior Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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