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Facts of BC credit (Hughes vs. Eco)
- Hughes and wife applied for insurance using standard form 'credit score may be sought for renewal'.
- Home burglarized and settled a claim, and later found out Eco sought credit score for renewal.
- Complained to Privacy Commissioner that breached privacy
Ruiling of BC credit (Hughes vs. Eco)
- Delegate ruled:
  - standard form not sufficient (e.g. doesn't include intended use)
  - informed consent not received
- Delegate ordered Eco to
  1. provide notice to all HO p.h.'s who have not been given adequate notice and all current/future HO applicants
  2. review all consents forms obtained from HO p.h.'s
Order overturned - BC credit (Hughes vs. Eco)
Supreme Court of B.C. overturned Delegate's decision
- not within powers of delegate (investigating one specific case) to require them to look at all consent forms
- found separate case on Eco where all new applicants will be given notice on how Eco collects and uses personal info and p.h.'s will have been provided notice shortly
- Privacy Commissioner still has power to investigate how carriers obtain consent with or without a complaint
Lessons learned on consent forms - BC credit (Hughes vs. Eco)
- companies need to obtain clear and explicit consent from p.h.'s
- Even though already in use, it would be good to review all forms to ensure up-to-date with the intended use
- If form deficient, update and inform all current p.h.'s of new form and obtain consent
- won't have to obtain from historical p.h.'s (strain on company and brokers).

Author

youngt

339396

Card Set

BC Credit

Description

BC Credit

Updated

2018-04-28T17:33:39Z

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