Personal information Flashcards
S. 3 Privacy Act: personal information means information about an
identifiable individual that is recorded in any form including,
without restricting the generality of the foregoing:
(a) information relating to the race, national or ethnic origin, colour, religion, age or marital status of the individual,
(b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,
(c) any identifying number, symbol or other particular assigned to the individual,
(d) the address, fingerprints or blood type of the individual,
(e) the personal opinions or views of the individual except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual by a government institution or a part of a government institution specified in the regulations,
(f) correspondence sent to a government institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence,
g) the views or opinions of another individual about the individual,
(h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution or a part of an institution referred to in paragraph (e), but excluding the name of the other individual where it appears
(I) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,
S. 8 (1) Personal information under the control of a government institution shall not
Be disclosed by the institution without the consent of the individual to whom it relates
S. 8 (2) Subject to any other Act of Parliament, personal information under the control of a government institution
may be disclosed under what circumstances ?
(a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose;
(b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;
(c) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;
(d) to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or
the Government of Canada;
(e) to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed;
(f) under an agreement or arrangement between the Government of Canada or any of its institutions and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act, the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;
(g) to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem;
(h) to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes;
(i) to the Library and Archives of Canada for archival purposes;
(j) to any person or body for research or statistical purposes if the head of the government institution
(i) is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates,
and
(ii) obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom
it relates;
(k) to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of the aboriginal peoples of Canada;
(l) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada; and
(m) for any purpose where, in the opinion of the head of the institution,
(i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or
(ii) disclosure would clearly benefit the individual to whom the information relates.
Personal Information Bank (PIB) are ?
A collection or grouping of personal information that:
Has been used, is being used or is available for use for an administrative purpose; or
Is organized or intended to be retrieved by the name of an individual or by an identifying number, symbol or other particular assigned to an individual
Collection of Personal Information - Sections 4 and 5 relates to what ?
Directly relates to an operating program or activity of the institution
Need to know
Directly from the individual – subject to subsection 5 (3)
Provide the reasons and authority for the collection
Inform individual of consequences
Use of Personal Information - Section 7 is done under what ?
Intended purpose Consistent use Individual’s consent Data matching Data linkage
What is an Administrative Purpose?
“In relation to the use of personal information, means the use of that information in a decision making process that directly affects the individual”
Describe Accuracy under - Subsections 6(2) and 12(2)
“A government institution shall take all reasonable steps to ensure that personal information that is used for an administrative purpose by the institution is as accurate, up-to-date and complete as possible.”
Right to request correction
Disclosure of Personal Information - Section 8 means ?
Individual’s consent
Intended and consistent purposes
In accordance with an act of Parliament or a regulation
“Special circumstances”
Retention and Disposition - Subsection 6(1) means ?
Minimum two years after the last use for an administrative purpose
Retention and disposition schedule
Transitory records
Secure disposition method – paper, electronic, other media
