Privacy of Information

Recipients of freedom of information requests must be government organizations. PROBUS CANADA and its member clubs are not government organizations.

Non-profit organizations are usually not subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) because they do not typically engage in commercial activities. This includes most charities, minor hockey associations, clubs, community groups and advocacy groups, for example. The following activities are not considered commercial and are not subject to PIPEDA:

•  collecting membership fees
•  organizing club activities
•  compiling a list of members' names and addresses
•  mailing out newsletters
•  fundraising

PIPEDA applies to organizations that collect, use or disclose personal information in the course of commercial activities. Commercial activity is the most important consideration in determining if the Act applies to the organization. PIPEDA defines commercial activity as:

"…any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists."

Article III.13, Suggested Bylaws for Probus Clubs for reference:

The membership roster may be distributed to the members as determined by the Management Committee. The membership roster shall not be used for commercial purposes.