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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 23:32, 22 August 2022
, 23:32, 22 August 2022→3. Scope of Privacy Rights
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“Personal information” is defined in Schedule 1 of the Act as all recorded information about an identifiable individual other than contact information. The recorded information includes the individual’s name, race, colour, religious or political beliefs, age, sex, sexual orientation, marital status, fingerprints, blood type, health care history, educational, financial, criminal or employment history, anyone’s opinion about the individual, and the individual’s personal views or opinions, except if they are about someone else. | “Personal information” is defined in Schedule 1 of the Act as all recorded information about an identifiable individual other than contact information. The recorded information includes the individual’s name, race, colour, religious or political beliefs, age, sex, sexual orientation, marital status, fingerprints, blood type, health care history, educational, financial, criminal or employment history, anyone’s opinion about the individual, and the individual’s personal views or opinions, except if they are about someone else. | ||
Public bodies can collect personal information only when authorized by legislation, for law enforcement purposes, or when necessary to the operation of a program administered by the public body ( | Public bodies can collect personal information only when authorized by legislation, for law enforcement purposes, or when necessary to the operation of a program administered by the public body, when necessary to reduce the risk that an individual will be a victim of domestic violence, when the information is collected by observation at a public event with voluntary individual participation or with the individuals consent. (section 26). | ||
In general, a public body must collect personal information directly from the individual (s 27). Notable exceptions include: when an alternative method is authorized by the individual, by the Privacy Commissioner, or under another statute; and when the information is used for the purpose of collecting a debt or fine or making a payment. Except where the information is collected for law enforcement purposes, the public body must also tell the individual from whom it collects personal information the purpose and the legal authority for collecting it. | In general, a public body must collect personal information directly from the individual (s 27). Notable exceptions include: when an alternative method is authorized by the individual, by the Privacy Commissioner, or under another statute; and when the information is used for the purpose of collecting a debt or fine or making a payment. Except where the information is collected for law enforcement purposes, the public body must also tell the individual from whom it collects personal information the purpose and the legal authority for collecting it. | ||
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The public body has a duty to ensure the information it collects is accurate and complete (s 28). An individual has the right to request correction if they believe there is an omission or error in the personal information (s 29). | The public body has a duty to ensure the information it collects is accurate and complete (s 28). An individual has the right to request correction if they believe there is an omission or error in the personal information (s 29). | ||
Heads of public bodies must protect personal information by | Heads of public bodies must protect personal information by reasonable security arrangements against unauthorized access, collection, use, disclosure, or disposal (s 30). Section 30.3 provides whistle-blower legislation to protect employees fulfilling this obligation. | ||
A a public body can only use personal information in its possession for the purpose the information was obtained or a use consistent with that purpose, if the individual the information is about has identified the information and has consented to its use, or for a purpose for which the information may be disclosed to the public body under section 33 (section 32). | |||
Sections 33 to 34 d36 deal with disclosure of personal information by a public body. These sections empower a public body to disclose personal information only under certain circumstances, such as where there is the consent of the individual; where the information is used for a consistent purpose or for the purpose of complying with another enactment; enactment; where the information may reduce the risk that an individual is likely to be a victim of domestic violence if domestic violence is reasonably likely to occur otherwise; where the information is used for collecting a debt, payment, or fine owed by the individual to the provincial government or a public body; where the information is used in an audit; and where the information is used by a public body or a law enforcement agency to assist in an investigation in which a law enforcement proceeding is intended or likely to result. | |||
Sections 33 to | |||
=== 4. Process of Making a Disclosure Request === | === 4. Process of Making a Disclosure Request === | ||