The protection of personal information is becoming increasingly important in Québec, especially since the adoption of the Act to modernize legislative provisions as regards the protection of personal information (commonly known as Law 25), which primarily amends the Act respecting the protection of personal information in the private sector (hereinafter “the ARPPIPS”).
This update also affects syndicates of co-owners, which are now subject to strict obligations regarding the collection, storage and destruction of personal information.
What counts as a personal information?
The ARPPIPS defines personal information as any information which relates to a natural person and directly or indirectly allows that person to be identified. This includes details that clearly identify an individual—like their name, address, phone number or email—but also less obvious information, such as a photo from a security camera, a voice recording or financial data.
In other words, if information identifies a co-owner, a tenant or a visitor to a co-ownership property, it is personal information and must be protected accordingly.
What information is collected by a syndicate of co-owners?
In carrying out its duties, the syndicate of co-owners collects a variety of personal information about the co-owners, tenants and other occupants.
The information most commonly collected includes:
All this information allows the syndicate to oversee the buildings day-to-day management, in accordance with its obligations. However, the collection, storage and communication of this information must comply with the principles set out by law.
The obligations of the syndicate of co-owners relating to the protection of personal information
The primary obligations of the syndicate of co-owners are the following:
1. Designation of a person in charge of the protection of personal information
The syndicate must appoint an individual to be responsible for the protection of personal information. The law provides that unless another individual is designated, this responsibility falls to the person exercising the highest authority. In practice, this is often the chair of the board of directors or the property manager. The name and contact information of this person must be published in a way that is accessible, such as on the syndicate’s website or in official communications.
2. Collection for specified purposes only
The syndicate’s collection of information must be limited to elements necessary to carry out its duties. It must also inform the individuals concerned of the purposes for which the information is collected, the means by which the information is collected and the individuals’ rights around the collection of this information.
3. Security measures
The syndicate must take the necessary security measures to protect the personal information against loss, theft or unauthorized access. This can include file access controls, email and digital data encryption, or keeping paper documents in locked filing cabinets.
4. Communication with third parties
The ARPPIPS provides that “[n]o person may communicate to a third person the personal information he holds on another person, unless the person concerned consents to, or this Act provides for, such communication.” Subject to certain exceptions provided for by law, the syndicate cannot transmit personal information to third parties without first obtaining the consent of the person concerned.
5. Storage and destruction of information
Personal information cannot be kept indefinitely. The syndicate must establish a retention policy that defines how long information may be stored, after which it must be securely destroyed (e.g. through shredding, permanent deletion of digital files).
6. Drafting of a written personal information management policy
The syndicate must establish and implement policies and practices governing its management of personal information to ensure the protection of the personal information it collects and holds. These policies must specifically address the oversight of the elements mentioned above.
The real estate transaction
Obviously, a co-ownership real estate transaction involves the exchange of numerous documents between the syndicate, the seller, the buyer, the notary and so on. In such a transaction, the real estate broker must use the brokerage forms produced by the Organisme d'autoréglementation du courtage immobilier du Québec. These forms include specific clauses regarding the information that must be exchanged between the seller and the buyer. As real estate brokers are familiar with the rules governing the protection of personal information, they can serve as facilitators in such transactions.
Conclusion
Co-ownerships’ management of personal information is subject to increasing legislative oversight. In real estate transactions, the syndicates, sellers and buyers exchange various documents that may contain personal information. The transaction always goes more smoothly when all parties understand each other’s rights and obligations. In this context, the real estate broker can serve as a facilitator as they have the knowledge needed to identify the relevant documents that must be shared to ensure a transaction that benefits all parties.
RE/MAX is a network of real estate brokers specializing in the sale, purchase and rental of divided co-ownerships throughout Québec. These professionals are able to obtain and review all documentation relevant to the transaction and advise you accordingly. Furthermore, brokers affiliated with RE/MAX’s Coproprié-T program have access to an exclusive training program called Coproprié-T, which has been specially designed for co-ownership. This training allows them to maintain high quality service standards for transactions involving divided co-ownerships.
Good to know! Looking for the assistance of a qualified professional for renting out your condominium? Look for a broker affiliated with the Coproprié-T program on the RE/MAX website! https://www.remax-quebec.com/en/real-estate-brokers
Me Julie Smythe, MBA
Legal Affairs Director
RE/MAX Québec
https://www.remax-quebec.com
For the list of our Coproprie-T Affiliated brokers : https://www.remax-quebec.com/en/real-estate-brokers?Copropriet=1
