Disclosure of Information to the Parliamentary Standing Committee on Public Accounts

On March 11, 2004, the Standing Committee on Public Accounts (Standing Committee) passed a motion requesting that government departments and Crown corporations produce documents requested by the Committee in their entirety, notwithstanding the Privacy Act or the Personal Information and Protection of Electronic Documents Act. The motion further requests that any documents that are disclosed to the Committee and contain information subject to those statutes be accompanied by a covering letter identifying the potential exemptions. 

In his response of April 6, 2004 to the Chair of the Committee, the Clerk of the Privy Council stated the following: 

The Executive branch of government does not have the legal authority to alter the privacy protections afforded by statutes passed by Parliament. However, the Privacy Act provides a discretionary authority to disclose documents that contain personal information. This discretion lies with the head of every government institution subject to the Privacy Act. It would be inappropriate for me or any other government official to fetter this discretionary power conferred by Parliament. Steps will be taken to remind the appropriate heads of government institutions that they are at liberty to exercise their legal and discretionary powers to release personal information, if the public interest in disclosure clearly outweighs the privacy interest and notification is given to the Privacy Commissioner. 

Therefore, we are, through this Information Notice, reminding heads of government institutions of their discretion found in sub-paragraph 8(2)(m)(i) of the Privacy Act when dealing with the potential disclosure of personal information to the Standing Committee. 

Pursuant to this sub-paragraph, disclosure can be made if the head of the institution determines that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure. In such cases, notification in writing must be given to the Privacy Commissioner prior to the disclosure where reasonably practicable or, in any other case, forthwith on the disclosure. 

The Standing Committee also requested that records that are disclosed to the Standing Committee and that contain personal information be accompanied by a covering letter identifying the personal information when the records are disclosed in their entirety, or stating that personal information has been withheld. 

Should you have any questions concerning Cabinet confidences, please contact Legislation and House Planning, Privy Council Office at (613) 957-5282. 

For questions concerning the interpretation of the Access to Information Act, the Privacy Act and their related policies and guidelines, please contact Thérèse St-Amant, Information, Privacy and Security Policy Division, at (613) 952-2994 or at St-Amant.Therese@tbs-sct.gc.ca.

At the request of the Privy Council Office, we would ask you to forward a copy of this document to the head of your institution. 

Anne Brennan

Senior Director
Information, Privacy and Security Policy Division
Chief, Information Officer Branch