Which Law Applies to You?
If the organization you are concerned about is a business or non-profit organization in BC, PIPA (BC) will apply, unless the organization is a bank, a telecommunications company, an airline, a maritime business, a railway, an interprovincial trucking business, or an Indian Band (these fall into the category of “federal works, undertakings or businesses”) in which case, the PIPEDA will apply. PIPEDA also applies to any collection, use or disclosure of personal information that takes place across a provincial or national border.
The Freedom of Information and Protection of Privacy Act (BC) (FOIPPA) applies to:
- Provincial and city governments
- Provincial government agencies and commissions
- Provincial and city police, but not the RCMP
- Health authorities, universities and colleges
- Public schools and school boards
- Some governing bodies of professions (like the College of Physicians and Surgeons or the Law Society of BC)
Go to “What is a Public Body” below for a longer summary, or See Schedule 2 and Schedule 3 of FOIPPA for the full list.
The Privacy Act (Canada) applies to:
- Federal government ministries, departments, agencies and commissions
- Law enforcement and security agencies like CSIS, the RCMP, Customs and Border Control Canada
- Port authorities
- Federal Crown corporations
If you are in British Columbia and you think you want to sue a person or organization for breaching your privacy, you may wish to rely on the Privacy Act (BC). It is strongly recommended that you consult a lawyer if you wish to take this approach.