1 This Act may be cited as the Privacy Act .
Marginal note: Purpose
2 The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
Marginal note: Definitions
3 In this Act,
, in relation to the use of personal information about an individual, means the use of that information in a decision making process that directly affects that individual; ( fins administratives )
, with respect to personal information, means a format that allows a person with a sensory disability to read or listen to the personal information; ( support de substitution )
means the Federal Court; ( Cour )
means a person who is designated as the Minister under subsection 3.1(1); ( ministre désigné )
, in respect of a government institution, means
means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing,
but, for the purposes of sections 7, 8 and 26 and section 19 of the Access to Information Act , does not include
means a collection or grouping of personal information described in section 10; ( fichier de renseignements personnels )
means the Commissioner appointed under section 53; ( Commissaire à la protection de la vie privée )
means a disability that relates to sight or hearing. ( déficience sensorielle )
Marginal note: For greater certainty
Marginal note: Application
3.02 Paragraph (j.1) of the definition in section 3 applies only to records created on or after the day on which that paragraph comes into force.
Marginal note: Power to designate Minister
Marginal note: Collection of personal information
4 No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.
Marginal note: Personal information to be collected directly
Marginal note: Retention of personal information used for an administrative purpose
Marginal note: Use of personal information
7 Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except
Marginal note: Disclosure of personal information
Marginal note: Record of disclosures to be retained
Marginal note: Personal information to be included in personal information banks
Marginal note: Index of personal information
Marginal note: Right of access
Marginal note: Request for access under paragraph 12(1)(a)
Marginal note: Notice where access requested
14 Where access to personal information is requested under subsection 12(1), the head of the government institution to which the request is made shall, subject to section 15, within thirty days after the request is received,
Marginal note: Extension of time limits
15 The head of a government institution may extend the time limit set out in section 14 in respect of a request for
by giving notice of the extension and the length of the extension to the individual who made the request within thirty days after the request is received, which notice shall contain a statement that the individual has a right to make a complaint to the Privacy Commissioner about the extension.
Marginal note: Where access is refused
and shall state in the notice that the individual who made the request has a right to make a complaint to the Privacy Commissioner about the refusal.
Marginal note: Form of access
Marginal note: Governor in Council may designate exempt banks
Marginal note: Personal information obtained in confidence
Marginal note: Federal-provincial affairs
20 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs.
Marginal note: International affairs and defence
21 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act , or the efforts of Canada toward detecting, preventing or suppressing subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act , including, without restricting the generality of the foregoing, any such information listed in paragraphs 15(1)(a) to (i) of the Access to Information Act .
Marginal note: Law enforcement and investigation
if the information came into existence less than twenty years prior to the request;
Marginal note: Information obtained by Privacy Commissioner
Marginal note: Public Sector Integrity Commissioner
22.2 The Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act.
22.3 The head of a government institution shall refuse to disclose personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
Marginal note: Secretariat of National Security and Intelligence Committee of Parliamentarians
22.4 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose personal information requested under subsection 12(1) that was obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.
Marginal note: Security clearances
23 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by an investigative body specified in the regulations for the purpose of determining whether to grant security clearances
if disclosure of the information could reasonably be expected to reveal the identity of the individual who furnished the investigative body with the information.
Marginal note: Individuals sentenced for an offence
24 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was collected or obtained by the Correctional Service of Canada or the Parole Board of Canada while the individual who made the request was under sentence for an offence against any Act of Parliament, if the disclosure could reasonably be expected to
Marginal note: Safety of individuals
25 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to threaten the safety of individuals.
Marginal note: Information about another individual
26 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) about an individual other than the individual who made the request, and shall refuse to disclose such information where the disclosure is prohibited under section 8.
Marginal note: Protected information — solicitors, advocates and notaries
27 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
Marginal note: Protected information — patents and trademarks
27.1 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act .
Marginal note: Medical record
28 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that relates to the physical or mental health of the individual who requested it where the examination of the information by the individual would be contrary to the best interests of the individual.
Marginal note: Receipt and investigation of complaints
Marginal note: Written complaint
30 A complaint under this Act shall be made to the Privacy Commissioner in writing unless the Commissioner authorizes otherwise.
Marginal note: Notice of intention to investigate
31 Before commencing an investigation of a complaint under this Act, the Privacy Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint.
Marginal note: Regulation of procedure
32 Subject to this Act, the Privacy Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Act.
Marginal note: Investigations in private
Marginal note: Powers of Privacy Commissioner in carrying out investigations
Marginal note: Findings and recommendations of Privacy Commissioner
Marginal note: Investigation of exempt banks
Marginal note: Investigation in respect of sections 4 to 8
Marginal note: Annual report
38 The Privacy Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year.
Marginal note: Special reports
Marginal note: Transmission of reports
Marginal note: Review by Federal Court where access refused
41 Any individual who has been refused access to personal information requested under subsection 12(1) may, if a complaint has been made to the Privacy Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Privacy Commissioner are reported to the complainant under subsection 35(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.
Marginal note: Privacy Commissioner may apply or appear
42 The Privacy Commissioner may
Marginal note: Application respecting files in exempt banks
43 In the circumstances described in subsection 36(5), the Privacy Commissioner may apply to the Court for a review of any file contained in a personal information bank designated as an exempt bank under section 18.
Marginal note: Hearing in summary way
44 An application made under section 41, 42 or 43 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act .
Marginal note: Access to information
45 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.
Marginal note: Court to take precautions against disclosing
Marginal note: Burden of proof
47 In any proceedings before the Court arising from an application under section 41, 42 or 43, the burden of establishing that the head of a government institution is authorized to refuse to disclose personal information requested under subsection 12(1) or that a file should be included in a personal information bank designated as an exempt bank under section 18 shall be on the government institution concerned.
Marginal note: Order of Court where no authorization to refuse disclosure found
48 Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of a provision of this Act not referred to in section 49, the Court shall, if it determines that the head of the institution is not authorized under this Act to refuse to disclose the personal information, order the head of the institution to disclose the personal information, subject to such conditions as the Court deems appropriate, to the individual who requested access thereto, or shall make such other order as the Court deems appropriate.
Marginal note: Order of Court where reasonable grounds of injury not found
49 Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of section 20 or 21 or paragraph 22(1)(b) or (c) or 24(a), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the personal information, order the head of the institution to disclose the personal information, subject to such conditions as the Court deems appropriate, to the individual who requested access thereto, or shall make such other order as the Court deems appropriate.
Marginal note: Order to remove file from exempt bank
50 Where the Privacy Commissioner makes an application to the Court under section 43 for a review of a file contained in a personal information bank designated as an exempt bank under section 18, the Court shall, if it determines
order the head of the government institution that has control of the bank to remove the file from the bank or make such other order as the Court deems appropriate.
Marginal note: Actions relating to international affairs and defence
Marginal note: Costs
Marginal note: Appointment
Marginal note: Rank, powers and duties generally
Marginal note: Information Commissioner may be appointed as Privacy Commissioner
Marginal note: Appointment of Assistant Privacy Commissioner
Marginal note: Duties generally
Marginal note: Staff of the Privacy Commissioner
Marginal note: Delegation by Privacy Commissioner
except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.
Marginal note: Special studies
and the Privacy Commissioner shall report thereon to the Minister of Justice from time to time.
Marginal note: Principal office
61 The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act .
Marginal note: Security requirements
62 The Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act or any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.
Marginal note: Confidentiality
63 Subject to this Act, the Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act.
Marginal note: Disclosure authorized
Marginal note: Information not to be disclosed
65 In carrying out an investigation under this Act, in notifying an individual of a disclosure under subsection 8(5) and in any report made to Parliament under section 38 or 39, the Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,
Marginal note: No summons
66 The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from a review of that Court.
Marginal note: For greater certainty
66.1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act .
Marginal note: Protection of Privacy Commissioner
Marginal note: Obstruction
Marginal note: Act does not apply to certain materials
Marginal note: Canadian Broadcasting Corporation
69.1 This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.
Marginal note: Confidences of the Queen’s Privy Council for Canada
Marginal note: Certificate under Canada Evidence Act
Marginal note: Duties and functions of designated Minister
Marginal note: Designated Minister’s power
71.1 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.
Marginal note: Annual report — government institutions
Marginal note: Delegation by head of government institution
Marginal note: Provision of services related to privacy
Marginal note: Personal information not under control of institution
73.2 The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution.
Marginal note: Protection from civil proceeding or from prosecution
74 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any personal information pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice.
Marginal note: Permanent review of this Act by Parliamentary committee
Marginal note: Binding on Crown
76 This Act is binding on Her Majesty in right of Canada.
Marginal note: Regulations