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== C. At Common Law == | == C. At Common Law == | ||
At common law, the torts of trespass, nuisance, defamation, and invasion of privacy may discourage some of the more blatant forms of invasion of privacy. However, these civil actions do not so much ensure privacy as retroactively provide compensation for its breach. D.Wiretap Legislation and Lawful | At common law, the torts of trespass, nuisance, defamation, and invasion of privacy may discourage some of the more blatant forms of invasion of privacy. However, these civil actions do not so much ensure privacy as retroactively provide compensation for its breach. | ||
== D. Wiretap Legislation and Lawful Access == | |||
If a client asks for information on wiretapping and lawful access to information, they should be referred to the BC Civil Liberties Association, who specializes in dealing in these areas. See section II.I.1. The case law in this area is very complicated, and an experienced criminal lawyer should be consulted if issues regarding a wiretap arise. | |||
== E. Federal Privacy Act, Federal Access to Information Act == | |||
=== 1. Introduction === | |||
The federal ''Access to Information Act'', RSC 1985, c A-1, and the federal ''Privacy Act'', RSC 1985, c P-21, both deal with freedom of information. The ''Access to Information Act'' allows for access to information in records under the control of federal government institutions. The ''Privacy Act'' protects the confidentiality of information about an individual held by federal government institutions, and provides individuals with a right of access to information about themselves held by such institutions. What follows is only a brief outline of the main provisions of these Acts. Students should consult the Acts themselves if they have a problem in this area. | |||
=== 2. Privacy Act === | |||
If a client 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: | |||
*a) the information collected must relate directly to an operating program or activity of the institution (s 4); | |||
*b) 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 his or her consent, and the institution shall inform the individual of the purpose for which the information is being collected (s 5); | |||
*c) 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 d)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 Privacy Commissioner is authorized to oversee compliance by federal government institutions with the provisions of the Privacy Act. The Commissioner receives and investigates complaints from individuals, audits institutions’ storage and use of information, makes recommendations to institutions and the Treasury Board regarding privacy issues, and presents an annual report to Parliament. 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 his or her own personal information. For further information contact: |