PIPEDA Case Summary #342Owner allowed to disclose tenants’ rent information(Principle 4.5 and paragraph 7(3)(i)) The owner of a townhouse complained when the property management company hired by her condominium corporation asked her to complete a “Summary of Lease or Renewal” form. The form was seeking information (such as the amount of rent paid) required under provincial condominium legislation. The complainant felt that the company’s request was inappropriate and she refused to disclose the information. The Assistant Privacy Commissioner disagreed with the complainant. She noted that the complainant, as a landlord, was in fact subject to the Personal Information Protection and Electronic Documents Act, as she was engaged in a commercial activity. The Assistant Commissioner determined that the disclosure of such information without knowledge or consent was allowed under the Act as the disclosure was required by law. She therefore concluded that the property management company had not contravened the Act by requiring such information from the complainant. The following is a summary of the investigation and the Assistant Commissioner’s deliberations. Summary of InvestigationThe complainant completed the form sent to her by the property management company but refused to provide any particulars on how much rent her tenants pay or when the payments are due, as she believed such information was of no concern to the condominium corporation or the management board that acts on its behalf. The Office reviewed subsection 83(1) of the Ontario Condominium Act, which states: The owner of a unit who leases the unit or renews a lease of the unit shall, within 30 days of entering into the lease or the renewal as the case may be,
Subsection 83(3) requires that the Corporation “maintain a record of the notices that it receives under this section.” The Respondent stated that it has the right to attach or collect the rent from the tenant of an owner if the owner does not pay the prescribed common fees levied to each owner and that this a “compliance issue of Section 83” of the Ontario Condominium Act. FindingsIssued July 21, 2006 Application: Principle 4.5 states that personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Paragraph 7(3)(i) states that an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is required by law. In making her determinations, the Assistant Commissioner deliberated as follows:
The Assistant Commissioner concluded that the complaint was not well-founded. |
Date published: 2006-10-16 |
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