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ARTICLE · 13 NOVEMBER 2018

B.C. Privacy Commissioner Issues Guidance Regarding Cannabis Transactions

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Following the recent legalization of cannabis, private retailers are open for business from coast to coast. While cannabis remains illegal in other jurisdictions, cannabis users' personal information

CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Kees De Ridder
Kees De Ridder
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Following the recent legalization of cannabis, private retailers are open for business from coast to coast. While cannabis remains illegal in other jurisdictions, cannabis users' personal information is highly sensitive. In light of this, British Columbia's Privacy Commissioner has issued a guidance document to help retailers understand their obligations.

The guidance is rooted in the Commissioner's interpretation of the Personal Information Protection Act (British Columbia), in particular section 11, which provides that "…an organization may collect personal information only for purposes that a reasonable person would consider appropriate in the circumstances…"

The Commissioner emphasizes retailers' need to inform individuals about what personal information is being collected, and the purposes for such collection; and recommends a set of best practices for cannabis retailers:

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