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| NO.: |
76 |
| DATE: |
October 23, 2000 |
| TO: |
Access to Information and
Privacy Coordinators |
| SUBJECT: |
Privacy Act - Paragraph 8 (2)(g) |
The following is to remind you of the scope of paragraph 8(2)(g) of the Privacy Act in view of the government's decision to call a general election. Paragraph 8(2)(g) permits the disclosure of personal information "to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem."
Upon dissolution of Parliament, members of the House of Commons lose their status and title. Consequently, personal information under the control of a government institution can no longer be provided to them pursuant to paragraph 8(2)(g) of the Act. Furthermore, this paragraph cannot be invoked following the election until the new members of the House of Commons have been sworn in.
Former Members of Parliament may obtain information about an individual who has requested their assistance with the consent of the individual. In special circumstances, institutions may consider disclosing personal information to former Members pursuant to sub-paragraph
8(2)(m)(ii) of the Privacy Act which permits disclosure "where in the opinion of the head of the institution… disclosure would clearly benefit the individual to whom the information relates." Note that subsection 8(5) requires that institutions notify the Privacy Commissioner of the disclosures made under paragraph 8(2)(m).
Senators continue to hold office after the dissolution of Parliament. Therefore, paragraph 8(2)(g) may still be applied following dissolution to provide personal information to a Senator.
Jaime Pitfield
Director
Information and Security Policy Division
Government Operations Sector
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