2. Definitions
2.1 Personal information
2.2 Sensitive personal information
2.1 Personal information
Personal information is any information about an individual that can be used to identify that person directly or indirectly.
It is a piece of information that makes something known about someone, has a connection to a natural person and is likely to distinguish that person from someone else.
For example, when it is announced that the owner of the residence located at 123 Bellerue Street in Montreal will accept an offer to purchase for an amount of X, personal information is revealed because the owner can be identified through the Land Register, which is accessible to everyone.
Personal information can be held on different media: a written note (paper document, email, text message), an audio medium (recording of a conversation, voice message), a visual medium (photo, video).
Here are a few examples of personal information that a licensee may be required to collect:
- Identity information: date of birth, age, gender, social insurance number (SIN), ID card number, picture (photo) of the individual;
- Marital and family status;
- Contact information: personal mailing address, email address, phone number;
- Financial information: bank details and statements, financial situation, mortgage pre-approval letter, terms of the loan secured by immovable hypothec, etc.;
- Photos of the interior of a residence;
- A person’s intention to offer an amount of X for the purchase of an immovable or the fact that a person has submitted an offer to purchase an immovable;
- A person's intention to apply for a loan of X from a financial institution;
- Powers of attorney and mandates;
- Documents attached to the listing sheet of the immovable may contain personal information (e.g., inspection reports, seller's declarations);
- Etc.
2.2 Sensitive personal information
Some personal information concerns areas of privacy that most people do not wish to reveal to the general public; this is referred to as "sensitive personal information." Depending on the context, this may include medical information, political opinions, religious beliefs, etc.
This is also information whose disclosure increases the risk of identity theft: social insurance number, credit card information, date of birth, ID card number, etc.
Sensitive information must be given greater attention at all stages of personal information management.
The personal information typically held by agencies and brokers is sensitive in nature since it pertains to the personal, family and financial situation of the parties to the transaction.
Good to know
The Private Sector Act provides a definition of what is sensitive information: “12. […] For the purposes of this Act, personal information is: […] 2° sensitive if, due to its nature [TRANSLATION], for instance medical, biometric or otherwise intimate information, or the context of its use or disclosure, it entails a high level of reasonable expectation of privacy.”
