Do the consent and other provisions of the Act apply to personal information that was collected, but neither used nor disclosed before the legislation came into force?
A. No. The Act does not cover personal information only collected before the Act came into force. However, the Act will apply for the subsequent use and disclosure of that information, regardless of when it was collected. Q. For example, the year before the Act came into force, a broker collected personal information without consent from a client for the purpose of providing an automobile insurance policy. At that time, the information was disclosed to an insurer who underwrote the policy. In a subsequent year, the broker will want to “shop the policy around” to other insurers in order to obtain a better rate. Will the consent of the individual be required to do so? A. Yes. Although the information will have been collected before the Act applied, the consent of the individual will be required to disclose the “old” information to potential “new” insurers. The other provisions of the Act will also apply.
Related Questions
- Do the consent and other provisions of the Act apply to personal information that was collected, but neither used nor disclosed before the legislation came into force?
- Can I decline to have my personal information collected, used, or disclosed for certain purposes?
- Can the Mitigation 20/20™ programs be used to comply with the Disaster Mitigation Act of 2000?
