Privacy Act (R.S.C., 1985, c. P-21)

Act current to 2014-10-27 and last amended on 2014-07-01. Previous Versions

Marginal note:Safety of individuals

 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.

  • 1980-81-82-83, c. 111, Sch. II “25”.

Personal Information

Marginal note:Information about another individual

 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.

  • 1980-81-82-83, c. 111, Sch. II “26”.

Solicitor-Client Privilege

Marginal note:Solicitor-client privilege

 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.

  • 1980-81-82-83, c. 111, Sch. II “27”.

Medical Records

Marginal note:Medical record

 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.

  • 1980-81-82-83, c. 111, Sch. II “28”.

COMPLAINTS

Marginal note:Receipt and investigation of complaints
  •  (1) Subject to this Act, the Privacy Commissioner shall receive and investigate complaints

    • (a) from individuals who allege that personal information about themselves held by a government institution has been used or disclosed otherwise than in accordance with section 7 or 8;

    • (b) from individuals who have been refused access to personal information requested under subsection 12(1);

    • (c) from individuals who allege that they are not being accorded the rights to which they are entitled under subsection 12(2) or that corrections of personal information requested under paragraph 12(2)(a) are being refused without justification;

    • (d) from individuals who have requested access to personal information in respect of which a time limit has been extended pursuant to section 15 where they consider the extension unreasonable;

    • (e) from individuals who have not been given access to personal information in the official language requested by the individuals under subsection 17(2);

    • (e.1) from individuals who have not been given access to personal information in an alternative format pursuant to a request made under subsection 17(3);

    • (f) from individuals who have been required to pay a fee that they consider inappropriate;

    • (g) in respect of the index referred to in subsection 11(1); or

    • (h) in respect of any other matter relating to

      • (i) the collection, retention or disposal of personal information by a government institution,

      • (ii) the use or disclosure of personal information under the control of a government institution, or

      • (iii) requesting or obtaining access under subsection 12(1) to personal information.

  • Marginal note:Complaints submitted on behalf of complainants

    (2) Nothing in this Act precludes the Privacy Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.

  • Marginal note:Privacy Commissioner may initiate complaint

    (3) Where the Privacy Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Act, the Commissioner may initiate a complaint in respect thereof.

  • R.S., 1985, c. P-21, s. 29;
  • 1992, c. 21, s. 37.