Privacy or Access to Information for Public Complaints (5:IV): Difference between revisions
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 23:11, 29 November 2022
, 29 November 2022→2. Privacy Act
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=== 2. Privacy Act === | === 2. Privacy Act === | ||
If an individual wants to obtain information relating to themselves, they should make an application under the federal ''Privacy Act'' | 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 | 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); | |||
#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 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 | 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. | ||
:'''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”. |