In a much-anticipated decision that may have ripple effects in
other jurisdictions, the British Columbia Supreme Court has
provided clear guidance on the application of the Personal
Information Protection Act, SBC 2003, c 63
("BC PIPA") to foreign
organizations.
In Clearview AI Inc. v. Information and Privacy Commissioner
for British Columbia, the Court upheld the Office of the
Information and Privacy Commissioner for British Columbia's
("OIPC") order against Clearview AI Inc.
("Clearview"), a U.S.-based facial
recognition company, in connection with Clearview's violations
of BC PIPA.1
The Court's ruling establishes that BC PIPA applies to
organizations outside of British Columbia
("BC") that have a "real and
substantial connection" to BC. Although this finding appears
to support a contextual analysis similar to the test applied when
considering the application of the federal Personal Information
Protection and Electronic Documents Act, SC 2000, c 5
("PIPEDA")
