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British Columbia: OIPC guidance facilitates compliance with PHO orders on data collection requirements in food and events industry in light of Coronavirus

The Office of the Information and Privacy Commissioner of British Columbia ('OIPC') issued, on 31 July 2020, guidance ('the Guidance') on the collection of personal information at restaurants, bars, gatherings, and events, following the Public Health Officer's ('PHO') two orders on the same for food service establishments, liquor services, and events ('the Food Service Order') as well as for gatherings and events ('the Events Order'). In particular, the Food Service Order requires establishments, if already collecting information from individuals in order to make reservations, to retain contact information for one member of every party for 30 days, while venues hosting an event must retain contact information for every individual for 30 days. In addition, the Events Order requires organisers of events to retain contact information for every individual for 30 days, and if the event takes place at a vacation accommodation, the owner of the rental must retain the contact information provided to the organiser for 30 days. 

In this respect, the Guidance assists those subject to these orders with compliance that also meets the requirements to protect individuals' privacy under the Personal Information Protection Act, SBC 2003 c 63 ('PIPA'). Specifically, the Guidance highlights the need to inform individuals of data collection practices, ensure collection of only minimum and necessary information, and ensure effective record keeping, record retention, and data security practices.

You can read the Guidance here, the Food Service Order here, and the Events Order here.

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