Privacy Act (R.S.C., 1985, c. P-21)

Marginal note:Law enforcement and investigation

• 22. (1) The head of a government institution may refuse to disclose any personal information requested under subsection 12(1)

  • (a) that was obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to

    • (i) the detection, prevention or suppression of crime,

    • (ii) the enforcement of any law of Canada or a province, or

    • (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,

    if the information came into existence less than twenty years prior to the request;

  • (b) the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information

    • (i) relating to the existence or nature of a particular investigation,

    • (ii) that would reveal the identity of a confidential source of information, or

    • (iii) that was obtained or prepared in the course of an investigation; or

  • (c) the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.

• Marginal note:Policing services for provinces or municipalities

  (2) The head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality, agreed not to disclose such information.

• Definition of “investigation”

  (3) For the purposes of paragraph (1)(b), “investigation” means an investigation that

  • (a) pertains to the administration or enforcement of an Act of Parliament;

  • (b) is authorized by or pursuant to an Act of Parliament; or

  • (c) is within a class of investigations specified in the regulations.

Marginal note:Information obtained by Privacy Commissioner

• 22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner.

• Marginal note:Exception

  (2) However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.