The Privacy Commissioner of Canada’s Position at the Conclusion of the Hearings on the Statutory Review of PIPEDA
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Alberta PIPA’s s.22 on mergers and acquisitions
Alberta Personal Information Protection Act, S.A. 2003, c. P-6.5
Section 22: Disclosure respecting acquisition of a business, etc.
22(1) In this section,
(a) "business transaction" means a transaction consisting of the purchase, sale, lease, merger or amalgamation or any other type of acquisition or disposal of, or the taking of a security interest in respect of, an organization or a portion of an organization or any business or activity or business asset of an organization and includes a prospective transaction of such a nature;
(b) "party" includes a prospective party.
(2) Notwithstanding anything in this Act other than this section, an organization may, for the purposes of a business transaction between itself and one or more other organizations, collect, use and disclose personal information in accordance with this section.
(3) Organizations that are parties to a business transaction may,
(a) during the period leading up to and including the completion, if any, of the business transaction, collect, use and disclose personal information about individuals without the consent of the individuals if
(i) the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction, and
(ii) the information is necessary
(A) for the parties to determine whether to proceed with the business transaction, and
(B) if the determination is to proceed with the business transaction, for the parties to carry out and complete the business transaction,
(b) where the business transaction is completed, collect, use and disclose personal information about individuals without the consent of the individuals if
(i) the parties have entered into an agreement under which the parties undertake to use and disclose the information only for those purposes for which the information was initially collected from or in respect of the individuals, and
(ii) the information relates solely to the carrying on of the business or activity or the carrying out of the objects for which the business transaction took place.
(4) If a business transaction does not proceed or is not completed, the party to whom the personal information was disclosed must, if the information is still in the custody of or under the control of that party, either destroy the information or turn it over to the party that disclosed the information.
(5) Nothing in this section is to be construed so as to restrict a party to a business transaction from obtaining consent of an individual to the collection, use or disclosure of personal information about the individual for purposes that are beyond the purposes for which the party obtained the information under this section.
(6) This section does not apply to a business transaction where the primary purpose, objective or result of the transaction is the purchase, sale, lease, transfer, disposal or disclosure of personal information.
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