Privacy Act (R.S.C., 1985, c. P-21)

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

ACCESS TO PERSONAL INFORMATION

Right of Access

Marginal note:Right of access
  •  (1) Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to

    • (a) any personal information about the individual contained in a personal information bank; and

    • (b) any other personal information about the individual under the control of a government institution with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.

  • Marginal note:Other rights relating to personal information

    (2) Every individual who is given access under paragraph (1)(a) to personal information that has been used, is being used or is available for use for an administrative purpose is entitled to

    • (a) request correction of the personal information where the individual believes there is an error or omission therein;

    • (b) require that a notation be attached to the information reflecting any correction requested but not made; and

    • (c) require that any person or body to whom that information has been disclosed for use for an administrative purpose within two years prior to the time a correction is requested or a notation is required under this subsection in respect of that information

      • (i) be notified of the correction or notation, and

      • (ii) where the disclosure is to a government institution, the institution make the correction or notation on any copy of the information under its control.

  • Marginal note:Extension of right of access by order

    (3) The Governor in Council may, by order, extend the right to be given access to personal information under subsection (1) to include individuals not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.

  • R.S., 1985, c. P-21, s. 12;
  • 2001, c. 27, s. 269.

Requests for Access

Marginal note:Request for access under paragraph 12(1)(a)
  •  (1) A request for access to personal information under paragraph 12(1)(a) shall be made in writing to the government institution that has control of the personal information bank that contains the information and shall identify the bank.

  • Marginal note:Request for access under 12(1)(b)

    (2) A request for access to personal information under paragraph 12(1)(b) shall be made in writing to the government institution that has control of the information and shall provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.

  • 1980-81-82-83, c. 111, Sch. II “13”.