In Ontario, the Personal Information Protection and Electronic Documents Act (“PIPEDA”) applies to the personal and confidential information of all individuals that has been gathered and/or retained by firms and/or organizations.

The primary focus for real estate organizations has been to educate their members on the legal requirements under the aforementioned Act (“PIPEDA”) as it relates to the gathering and retention of personal information of any individual involved in a trade in real estate.

What may not have been emphasized was that the members of the local real estate board, provincial and national associations also have the ability to exercise their rights under the same legislation to obtain and review their personal information in the files of the aforesaid organization.

Much like the suggestion, that individuals should periodically review their personal credit file in possession of the local credit bureau or other credit reporting agency and avail themselves of the opportunity correct any errors and/or omissions found therein.

Many organization may have redundant policies, rules, etc. in place that have remained unchanged since "PIPEDA" came into force and currently may not be in compliance with the aforementioned Act.

Therefore, a registrant might consider making a written request to the appointed “Privacy Officer” of any firm and/or organization and request a copy of their personal file, pursuant to the Personal Information Protection and Electronic Documents Act

A review of such files will afford a registrant the opportunity and ability to correct any errors and/or omissions as may be found with respect to both the validity and/or accuracy of any of the registrants personal information, which includes all written, and electronic information as follows:

• Accurate dates and duration of their membership;

• Accurate record of any positions past or present you held within the organization;

• Accurate record of Educational MCE credits;

• Accurate financial record of payments of dues and other matters;

• Accurate record of any allegations and/or prosecutions;

• Accurate record of any proceedings that transpired;

• The identity of other parties to which such information has been disclosed, the purpose and authority in relation thereto.

Any errors and omissions or misleading information found should be purged from the registrant’s file and a notice of correction distributed to all past and present recipients of the erroneous and misleading information.

Like erroneous credit information has often resulted in a denial of credit, erroneous and misleading information contained in a registrant’s file could have both an adverse effect upon a registrants credibility and their career.

More information may be obtained via the link to the office of the Privacy Commissioner of Canada

http://www.privcom.gc.ca/index_e.asp

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .