According to the Personal Information Protection Act (PIPA), private organizations in Alberta are required to obtain consent before collecting, using or disclosing personal information.

This applies to REALTORS^® who collect and use personal information, especially in the context of COVID-19. These REALTORS^® must have a privacy policy that governs the collection, use and possible disclosure of personal information and is PIPA compliant.

With respect to vaccination confirmation, mask exemption or COVID-19 test results, even when a member’s client consents to the collection of that information, the REALTOR^® collecting the information is at risk if they share that information without express consent. It is important that members who receive a request for proof of vaccination, etc., obtain the client's consent to collect and disclose this information to a co-operating brokerage. 

Before releasing client information review these questions:

Have I been asked to provide this information?

Some agents are providing client health information before it’s requested. Although this is a proactive measure, make sure you have your client’s express consent first.

How much information am I providing?

CREB^® Member Practice recommends providing only the information that is being requested (if your client has consented to it), but nothing further.

For example, if a co-operating agent is requesting confirmation that the buyer meets either vaccination requirement, vaccination exemption or negative COVID-19 test, answering that question specifically is sufficient. We do not recommend sending documentation unless specifically asked and consented to by the client, unless your client has instructed you to provide additional information.

How do I obtain client consent to disclose their information?

You must obtain consent in writing. Express consent is a requirement of PIPA, and the best way to collect this and have a record of consent is by getting it in writing and keeping it on file. Additionally, review any brokerage policies and procedures to ensure awareness of information documentation and retention.

What kind of information should I provide?

With the introduction of vaccinations and the Restrictions Exemption Program, there are a lot of moving parts to consider and supporting resources to draw from. Having an informed conversation with your client to better understand the information they wish to know before approving a showing or entering a property is a critical conversation. Guides are available to help navigate these conversations and capture COVID-19 related showing instructions.

Remember, only provide the information your client has consented to.

Members who are unsure of how to manage the collection, use or disclosure of personal information should seek legal advice to better understand the requirements under PIPA and develop the necessary policies to comply with privacy legislation.