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 22:51, 16 May 2016

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*a) the information collected must relate directly to an operating program or activity of the institution (s 4);  
*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);  
*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:
*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:
 
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=== 3. Access to Information Act ===
 
This Act gives a Canadian citizen or permanent resident the right to access any record under the control of a federal government institution.
 
'''NOTE:''' If you are seeking to obtain information about an individual person, see section II.E.3 on the application of the ''Privacy Act''.
 
Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining    to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest.
 
'''NOTE:''' In the Supreme Court of Canada decision Ontario (Public Safety and Security) v Criminal  Lawyers’ Association, 2010 SCC 23, the  Court held that the guarantee of freedom of expression under subsection 2(b) of the Charter does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''Irwin Toy Ltd v Quebec  (Attorney  General)'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'',RSO 1990, c F.31. See both these cases for more detailed information.
 
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