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PRIVACY ACT
Sections 3 and 8 of the Privacy Act as referred to at section 19 of the Access to Information
Act, read as follows:
INTERPRETATION
Definitions
3. In this Act,
"administrative purpose"
«fins...»
"administrative purpose", in relation to the use of personal
information about an individual, means the use of that information
in a decision making process that directly affects that
individual:
"alternative format"
«support de...»
"alternative format", with respect to personal information,
means a format that allows a person with a sensory disability to
read or listen to the personal information;
"Court"- «Cour...»
"Court" means the Federal Court;
"designated Minister"- «ministre...»
"designated Minister", in relation to any provision of this
Act, means such member of the Queen's Privy Council for Canada as
is designated by the Governor in Council as the Minister for the
purposes of that provision;
"government institution"- «institution...»
"government institution" means any department or ministry of
state of the Government of Canada listed in the schedule or any
body or office listed in the schedule;
"head"- «responsable... »
"head", in respect of a government institution, means
(a) in the case of a department or ministry of state, the
member of the Queen's Privy Council for Canada presiding over that
institution, or
(b) in any other case, the person designated by order in
council pursuant to this paragraph and for the purposes of this Act
to be the head of that institution;
"personal information"- «renseignements... »
"personal information" means information about an identifiable
individual that is recorded in any form including, without
restricting the generality of the foregoing,
(a) information relating to the race, national or ethnic
origin, colour, religion, age or marital status of the individual,
(b) information relating to the education or the medical,
criminal or employment history of the individual or information
relating to financial transactions in which the individual has been
involved,
(c) any identifying number, symbol or other particular assigned to
the individual,
(d) the address, fingerprints or blood type of the individual,
(e) the personal opinions or views of the individual except
where they are about another individual or about a proposal for a
grant, an award or a prize to be made to another individual by a
government institution or a part of a government institution
specified in the regulations,
(f) correspondence sent to a government institution by the
individual that is implicitly or explicitly of a private or
confidential nature, and replies to such correspondence that would
reveal the contents of the original correspondence,
(g) the views or opinions of another individual about the
individual,
(h) the views or opinions of another individual about a
proposal for a grant, an award or a prize to be made to the
individual by an institution or a part of an institution referred
to in paragraph (e), but excluding the name of the other individual
where it appears with the views or opinions of the other
individual, and
(i) the name of the individual where it appears with other
personal information relating to the individual or where the
disclosure of the name itself would reveal information about the
individual,
but, for the purposes of sections 7, 8 and 26 and
section 19 of the Access to Information Act, does not
include
(j) information about an individual who is or was an officer or
employee of a government institution that relates to the position
or functions of the individual including,
(i) the fact that the individual is or was an officer
or employee of the government institution,
(ii) the title, business address and telephone number of
the individual,
(iii) the classification, salary range and
responsibilities of the position held by the
individual,
(iv) the name of the individual on a document prepared
by the individual in the course of employment, and
(v) the personal opinions or views of the individual given in the course of
employment,
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(k) information about an individual who is or was performing
services under contract for a government institution that relates
to the services performed, including the terms of the contract, the
name of the individual and the opinions or views of the individual
given in the course of the performance of those services,
(l) information relating to any discretionary benefit of a
financial nature, including the granting of a licence or permit,
conferred on an individual, including the name of the individual
and the exact nature of the benefit, and
(m) information about an individual who has been dead for more
than twenty years;
"personal information bank"
«fichier... »
"personal information bank" means a collection or grouping of
personal information described in section 10;
"Privacy Commissioner"
«Commissaire... »
"Privacy Commissioner" means the Commissioner appointed under
section 53;
"sensory disability"
«déficience sensorielle... »
"sensory disability" means a disability that relates to sight
or hearing. R.S. 1985, c. P-21, s. 3; 1992, c. 1, s. 144 (Sch. VII, item 47)(F),
c. 21, s. 34; 2002, c. 8, par. 183(1)(s).
Disclosure of personal information
8.(1) Personal information under the control of a government
institution shall not, without the consent of the individual to
whom it relates, be disclosed by the institution except in
accordance with this section.
Where personal information may be disclosed
(2) Subject to any other Act of Parliament, personal
information under the control of a government institution may be
disclosed
(a) for the purpose for which the information was obtained or
compiled by the institution or for a use consistent with that
purpose;
(b) for any purpose in accordance with any Act of Parliament or
any regulation made thereunder that authorizes its disclosure;
(c) for the purpose of complying with a subpoena or warrant
issued or order made by a court, person or body with jurisdiction
to compel the production of information or for the purpose of
complying with rules of court relating to the production of
information;
(d) to the Attorney General of Canada for use in legal
proceedings involving the Crown in right of Canada or the
Government of Canada;
(e) to an investigative body specified in the regulations, on
the written request of the body, for the purpose of enforcing any
law of Canada or a province or carrying out a lawful investigation,
if the request specifies the purpose and describes the information
to be disclosed;
(f) under an agreement or arrangement between the Government of
Canada or an institution thereof and the government of a province,
the council of the Westbank First Nation, the government of a foreign state, an international organization of
states or an international organization established by the
governments of states, or any institution of any such government or
organization, for the purpose of administering or enforcing any law
or carrying out a lawful investigation;
(g) to a member of Parliament for the purpose of assisting the
individual to whom the information relates in resolving a
problem;
(h) to officers or employees of the institution for internal
audit purposes, or to the office of the Comptroller General or any
other person or body specified in the regulations for audit
purposes;
(i) to the Library and Archives of Canada for archival
purposes;
(j) to any person or body for research or statistical purposes
if the head of the government institution
(i) is satisfied that the purpose for which the
information is disclosed cannot reasonably be accomplished unless
the information is provided in a form that would identify the
individual to whom it relates, and
(ii) obtains from the person or body a written
undertaking that no subsequent disclosure of the information will
be made in a form that could reasonably be expected to identify the
individual to whom it relates;
(k) to any aboriginal government, association of aboriginal people, Indian band,
government institution or part thereof, or to any person acting on
behalf of such government association, band, institution or part thereof, for
the purpose of researching or validating the claims, disputes or
grievances of any of the aboriginal peoples of Canada;
(l) to any government institution for the purpose of locating
an individual in order to collect a debt owing to Her Majesty in
right of Canada by that individual or make a payment owing to that
individual by Her Majesty in right of Canada; and
(m) for any purpose where, in the opinion of the head of the
institution,
(i) the public interest in disclosure clearly outweighs
any invasion of privacy that could result from the disclosure,
or
Personal information disclosed by the Library and
Archives of Canada
(3) Subject to any other Act of Parliament, personal
information under the custody or control of the Library and Archives
of Canada that has been transferred there by a
government institution for historical or archival purposes may be
disclosed in accordance with the regulations to any person or body
for research or statistical purposes.
Copies of requests under paragraph (2)(e) to be
retained
(4) The head of a government institution shall retain a
copy of every request received by the government institution under
paragraph (2)(e) for such period of time as may be prescribed by
regulation, shall keep a record of any information disclosed
pursuant to the request for such period of time as may be
prescribed by regulation and shall, on the request of the Privacy
Commissioner, make those copies and records available to the
Privacy Commissioner.
Notice of disclosure under paragraph (2)(m)
(5) The head of a government institution shall notify the
Privacy Commissioner in writing of any disclosure of personal
information under paragraph (2)(m) prior to the disclosure where
reasonably practicable or in any other case forthwith on the
disclosure, and the Privacy Commissioner may, if the Commissioner
deems it appropriate, notify the individual to whom the information
relates of the disclosure.
Definition of "Indian band"
(6) In paragraph (2)(k), " Indian band" means
(a) a band, as defined in the Indian Act;
(b) a band, as defined in the Cree-Naskapi (of Quebec) Act;
or(c) the Band, as defined in the Sechelt Indian Band
Self-Government Act, chapter 27 of the Statutes of Canada,
1986.
(d) a first nation named in Schedule II to the Yukon First Nations Self-Government Act.
Definition of "aboriginal government"
(7) The expression “aboriginal government” in paragraph (2)(k) means
(a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect
by the Nisga’a Final Agreement Act; or
(b) the council of the Westbank First Nation; or
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims
and Self-Government Act.
(8) The expression “council of the Westbank First Nation“ in paragraphs (2)(f)
and (7)(b) means the council, as defined in the Westbank First Nation
Self-Government Agreement given effect by the Westbank First Nation
Self-Government Act. R.S. 1985, c. P-21, s. 8; R.S., c. 20 (2nd Supp.), s. 13;
R.S., c. 1 (3rd Supp.), subs. 12(5) (Sch. items 4(1) & (2)); 1994, c. 35, s.
39; 2000, c. 7, s. 26; 2004, c. 11, s. 37; 2004, c. 17, s. 18; 2005, c. 1, s.
109.
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