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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 01:48, 7 August 2020
, 01:48, 7 August 2020→2. Privacy Act
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If an individual wants to obtain information relating to themselves, they should make an application under the federal ''Privacy Act'', and should make their application directly to the agency that has the information. The ''Privacy Act'', RSC 1985, c P-21, sets out the conditions under which a government institution may collect, maintain, and use personal information about individuals. The Act requires that: | If an individual wants to obtain information relating to themselves, they should make an application under the federal ''Privacy Act'', and should make their application directly to the agency that has the information. The ''Privacy Act'', RSC 1985, c P-21, sets out the conditions under which a government institution may collect, maintain, and use personal information about individuals. The Act requires that: | ||
*the information collected must relate directly to an operating program or activity of the institution (s 4); | *the information collected must relate directly to an operating program or activity of the institution (s 4); | ||
*information used in a decision-making process that directly affects the individual should be, wherever possible, collected directly from the individual to whom it relates, or with | *information used in a decision-making process that directly affects the individual should be, wherever possible, collected directly from the individual to whom it relates, or with their consent, and the institution shall inform the individual of the purpose for which the information is being collected (s 5); | ||
*the institution shall ensure that information used to make a decision about an individual is accurate, up-to-date and as complete as possible, that it is retained long enough for the individual to have a reasonable opportunity to obtain access to it, and that it is disposed of in accordance with the relevant regulations and ministry directives or guidelines (s 6); and | *the institution shall ensure that information used to make a decision about an individual is accurate, up-to-date and as complete as possible, that it is retained long enough for the individual to have a reasonable opportunity to obtain access to it, and that it is disposed of in accordance with the relevant regulations and ministry directives or guidelines (s 6); and | ||
*the information shall not, without the consent of the individual, be used for any purpose except that for which it was obtained, for a use consistent with that purpose, or for other purposes specified in the Act (s 7). | *the information shall not, without the consent of the individual, be used for any purpose except that for which it was obtained, for a use consistent with that purpose, or for other purposes specified in the Act (s 7). | ||
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'''NOTE:''' Per amendments made to the Access to Information Act and the Privacy Act, a ministerial advisor and a member of a ministerial staff are excluded from the definition of “personal information”. | '''NOTE:''' Per amendments made to the Access to Information Act and the Privacy Act, a ministerial advisor and a member of a ministerial staff are excluded from the definition of “personal information”. | ||
The Commissioner cannot make orders requiring bodies to comply with the Act | The Commissioner cannot make orders requiring bodies to comply with the Act but may investigate and make reports. Individuals who are refused access to their own personal information may, after the Commissioner has investigated and reported, apply to the Federal Court for an order requiring access to this information. The Privacy Commissioner may also take enforcement proceedings in Federal Court in relation to a refusal to give an individual access to their own personal information. For further information, contact: | ||
'''BC Freedom of Information and Privacy Association''' | '''BC Freedom of Information and Privacy Association''' | ||
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{{ResourcesLSLAP | {{ResourcesLSLAP | ||
| address = 30 Victoria Street <br /> Gatineau, QC K1A 1H3 | | address = 30 Victoria Street <br /> Gatineau, QC K1A 1H3 | ||
| phone = 1-800-282-1376 <br /> Fax: (819) 994- | | phone = 1-800-282-1376 <br /> Fax: (819) 994-6591 | ||
| online = [http://www.priv.gc.ca Website] | | online = [http://www.priv.gc.ca Website] | ||
}} | }} | ||
