Privacy Act (R.S.C., 1985, c. P-21)

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

General

Marginal note:Principal office

 The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.

  • 1980-81-82-83, c. 111, Sch. II “61”.
Marginal note:Security requirements

 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.

  • 1980-81-82-83, c. 111, Sch. II “62”.
Marginal note:Confidentiality

 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.

  • 1980-81-82-83, c. 111, Sch. II “63”.
Marginal note:Disclosure authorized
  •  (1) The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information

    • (a) that, in the opinion of the Commissioner, is necessary to

      • (i) carry out an investigation under this Act, or

      • (ii) establish the grounds for findings and recommendations contained in any report under this Act; or

    • (b) in the course of 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 therefrom.

  • Marginal note:Disclosure of offence authorized

    (2) The Privacy Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.

  • R.S., 1985, c. P-21, s. 64;
  • R.S., 1985, c. 27 (1st Supp.), s. 187;
  • 2006, c. 9, s. 186.
Marginal note:Information not to be disclosed

 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,

  • (a) any information that the head of a government institution would be authorized to refuse to disclose if it were requested under subsection 12(1) or contained in a record requested under the Access to Information Act; or

  • (b) any information as to whether personal information exists where the head of a government institution, in refusing to disclose the personal information under this Act, does not indicate whether it exists.

  • 1980-81-82-83, c. 111, Sch. II “65”.