Privacy Act (R.S.C., 1985, c. P-21)

Act current to 2014-09-29 and last amended on 2014-07-01. Previous Versions

Marginal note:For greater certainty
  •  (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

  • Marginal note:For greater certainty

    (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.

  • 2006, c. 9, s. 182.

DESIGNATION

Marginal note:Power to designate Minister
  •  (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

  • Marginal note:Power to designate head

    (2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

  • 2006, c. 9, s. 182.

COLLECTION, RETENTION AND DISPOSAL OF PERSONAL INFORMATION

Marginal note:Collection of personal information

 No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.

  • 1980-81-82-83, c. 111, Sch. II “4”.
Marginal note:Personal information to be collected directly
  •  (1) A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2).

  • Marginal note:Individual to be informed of purpose

    (2) A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply where compliance therewith might

    • (a) result in the collection of inaccurate information; or

    • (b) defeat the purpose or prejudice the use for which information is collected.

  • 1980-81-82-83, c. 111, Sch. II “5”.
Marginal note:Retention of personal information used for an administrative purpose
  •  (1) Personal information that has been used by a government institution for an administrative purpose shall be retained by the institution for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.

  • Marginal note:Accuracy of personal information

    (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.

  • Marginal note:Disposal of personal information

    (3) A government institution shall dispose of personal information under the control of the institution in accordance with the regulations and in accordance with any directives or guidelines issued by the designated minister in relation to the disposal of that information.

  • 1980-81-82-83, c. 111, Sch. II “6”.