Privacy Act (R.S.C., 1985, c. P-21)

Act current to 2014-03-16 and last amended on 2013-12-12. Previous Versions

Marginal note:Record of disclosures to be retained
  •  (1) The head of a government institution shall retain a record of any use by the institution of personal information contained in a personal information bank or any use or purpose for which that information is disclosed by the institution where the use or purpose is not included in the statements of uses and purposes set forth pursuant to subparagraph 11(1)(a)(iv) and subsection 11(2) in the index referred to in section 11, and shall attach the record to the personal information.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply in respect of information disclosed pursuant to paragraph 8(2)(e).

  • Marginal note:Record forms part of personal information

    (3) For the purposes of this Act, a record retained under subsection (1) shall be deemed to form part of the personal information to which it is attached.

  • Marginal note:Consistent uses

    (4) Where personal information in a personal information bank under the control of a government institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compiled by the institution but the use is not included in the statement of consistent uses set forth pursuant to subparagraph 11(1)(a)(iv) in the index referred to in section 11, the head of the government institution shall

    • (a) forthwith notify the Privacy Commissioner of the use for which the information was used or disclosed; and

    • (b) ensure that the use is included in the next statement of consistent uses set forth in the index.

  • 1980-81-82-83, c. 111, Sch. II “9”;
  • 1984, c. 21, s. 89.

PERSONAL INFORMATION BANKS

Marginal note:Personal information to be included in personal information banks
  •  (1) The head of a government institution shall cause to be included in personal information banks all personal information under the control of the government institution that

    • (a) has been used, is being used or is available for use for an administrative purpose; or

    • (b) 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.

  • Marginal note:Exception for Library and Archives of Canada

    (2) Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes.

  • R.S., 1985, c. P-21, s. 10;
  • R.S., 1985, c. 1 (3rd Supp.), s. 12;
  • 2004, c. 11, s. 38.

PERSONAL INFORMATION INDEX

Marginal note:Index of personal information
  •  (1) The designated Minister shall cause to be published on a periodic basis not less frequently than once each year, an index of

    • (a) all personal information banks setting forth, in respect of each bank,

      • (i) the identification and a description of the bank, the registration number assigned to it by the designated Minister pursuant to paragraph 71(1)(b) and a description of the class of individuals to whom personal information contained in the bank relates,

      • (ii) the name of the government institution that has control of the bank,

      • (iii) the title and address of the appropriate officer to whom requests relating to personal information contained in the bank should be sent,

      • (iv) a statement of the purposes for which personal information in the bank was obtained or compiled and a statement of the uses consistent with those purposes for which the information is used or disclosed,

      • (v) a statement of the retention and disposal standards applied to personal information in the bank, and

      • (vi) an indication, where applicable, that the bank was designated as an exempt bank by an order under section 18 and the provision of section 21 or 22 on the basis of which the order was made; and

    • (b) all classes of personal information under the control of a government institution that are not contained in personal information banks, setting forth in respect of each class

      • (i) a description of the class in sufficient detail to facilitate the right of access under this Act, and

      • (ii) the title and address of the appropriate officer for each government institution to whom requests relating to personal information within the class should be sent.

  • Marginal note:Statement of uses and purposes

    (2) The designated Minister may set forth in the index referred to in subsection (1) a statement of any of the uses and purposes, not included in the statements made pursuant to subparagraph (1)(a)(iv), for which personal information contained in any of the personal information banks referred to in the index is used or disclosed on a regular basis.

  • Marginal note:Index to be made available

    (3) The designated Minister shall cause the index referred to in subsection (1) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access to the index.

  • 1980-81-82-83, c. 111, Sch. II “11”.