BC Credit

  1. 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
  2. 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
  3. 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
  4. 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).
Card Set
BC Credit
BC Credit