Types of Consent Under PIPA
PIPA requires organizations to obtain consent before collecting, using, or disclosing personal information.
WHAT YOU'LL LEARN
Types of Consent Under PIPA
How PIPA Pertains to Personal Information Collection
Assessing PIPA Exemptions for Collection, Use, and Disclosure
Types of Consent Under PIPA
PIPA requires organizations to obtain consent before collecting, using, or disclosing personal information. There are three primary types of consent:
Explicit Consent (Express Consent):
Direct, specific agreement by the individual, typically in writing or verbally.
An organization shall not collect, use, or disclose personal information about an individual unless the individual consents to the collection, use, or disclosure of that information.
Implied Consent:
Consent is inferred from the individual’s actions or the circumstances.
An individual is deemed to consent to the collection, use, or disclosure of personal information by an organization for a purpose that is reasonable in the circumstances.
Deemed Consent:
Consent is deemed to exist in specific situations, such as when the information is necessary to fulfill a contract.
An organization may collect, use, or disclose personal information without consent if it is reasonable for the purposes of providing a product or service requested by the individual.
How PIPA Pertains to Personal Information Collection
Under PIPA, organizations such as condominium corporations may collect personal information, but only for purposes that are reasonable and necessary. This applies to collecting information from tenants, unit owners, and others for operational and legal purposes.
Reasonable Purpose:
Personal information may only be collected if it is necessary for a reasonable purpose.
An organization may collect personal information only for purposes that are reasonable and only to the extent necessary for meeting those purposes.
Transparency and Notification:
Organizations must inform individuals of the purpose for collecting personal information.
An organization must notify an individual of the purpose for which their personal information is being collected before or at the time of collection.
Appropriate Collection:
Personal information must not be collected indiscriminately or beyond what is required.
Scenario-Based Question:
Scenario: A condominium corporation collects tenants’ personal information for issuing parking permits but later uses it to send out promotional emails without notifying the tenants.
Question: Does this comply with PIPA?
Answer: No. PIPA requires personal information to be used only for purposes that are reasonable and for which the individual was notified.
Assessing PIPA Exemptions for Collection, Use, and Disclosure
PIPA outlines specific circumstances where consent is not required for the collection, use, or disclosure of personal information. These exemptions are important for condominium corporations when managing legal, operational, or emergency situations.
Legislative References for Exemptions
Investigations or Legal Proceedings:
An organization may disclose personal information without consent if the disclosure is reasonable for the purposes of an investigation or legal proceeding.
Emergencies:
An organization may collect, use, or disclose personal information without consent if there are reasonable grounds to believe that the collection, use, or disclosure is necessary to respond to an emergency that threatens the life, health, or security of an individual.
Publicly Available Information:
An organization may collect, use, or disclose personal information without consent if the information is publicly available and specified in the regulations.
Compliance with Legal Requirements:
An organization may disclose personal information without consent to comply with a subpoena, warrant, or court order.
Steps to Analyze Exemptions
Identify the Exemption: Determine whether the situation qualifies for an exemption under PIPA.
Evaluate Purpose and Reasonableness: Ensure that the collection, use, or disclosure is reasonable and aligns with the scope of the exemption.
Document Actions: Keep detailed records of why the exemption was applied and what information was collected or disclosed.
Case Study Analysis:
Scenario: During a fire emergency, a condominium manager shares resident contact information with emergency responders.
Question: Does this disclosure comply with PIPA?
Answer: Yes. Under PIPA, the disclosure is permitted because it is necessary to respond to an emergency threatening the life or security of individuals.
