Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Act current to 2014-06-12 and last amended on 2011-04-01. Previous Versions

Division 1Protection of Personal Information

Marginal note:Compliance with obligations
  •  (1) Subject to sections 6 to 9, every organization shall comply with the obligations set out in Schedule 1.

  • Meaning of “should”

    (2) The word “should”, when used in Schedule 1, indicates a recommendation and does not impose an obligation.

  • Marginal note:Appropriate purposes

    (3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.

Marginal note:Effect of designation of individual

 The designation of an individual under clause 4.1 of Schedule 1 does not relieve the organization of the obligation to comply with the obligations set out in that Schedule.

Marginal note:Collection without knowledge or consent
  •  (1) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may collect personal information without the knowledge or consent of the individual only if

    • (a) the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;

    • (b) it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;

    • (c) the collection is solely for journalistic, artistic or literary purposes;

    • (d) the information is publicly available and is specified by the regulations; or

    • (e) the collection is made for the purpose of making a disclosure

      • (i) under subparagraph (3)(c.1)(i) or (d)(ii), or

      • (ii) that is required by law.

  • Marginal note:Use without knowledge or consent

    (2) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may, without the knowledge or consent of the individual, use personal information only if

    • (a) in the course of its activities, the organization becomes aware of information that it has reasonable grounds to believe could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention;

    • (b) it is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual;

    • (c) it is used for statistical, or scholarly study or research, purposes that cannot be achieved without using the information, the information is used in a manner that will ensure its confidentiality, it is impracticable to obtain consent and the organization informs the Commissioner of the use before the information is used;

    • (c.1) it is publicly available and is specified by the regulations; or

    • (d) it was collected under paragraph (1)(a), (b) or (e).

  • Marginal note:Disclosure without knowledge or consent

    (3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is

    • (a) made to, in the Province of Quebec, an advocate or notary or, in any other province, a barrister or solicitor who is representing the organization;

    • (b) for the purpose of collecting a debt owed by the individual to the organization;

    • (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;

    • (c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that

      • (i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,

      • (ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or

      • (iii) the disclosure is requested for the purpose of administering any law of Canada or a province;

    • (c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;

    • Footnote *(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) Act as required by that section;

      • Return to footnote *[Note: Paragraph 7(3)(c.2), as enacted by paragraph 97(1)(a) of chapter 17 of the Statutes of Canada, 2000, will be repealed at a later date.]

    • (d) made on the initiative of the organization to an investigative body, a government institution or a part of a government institution and the organization

      • (i) has reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, or

      • (ii) suspects that the information relates to national security, the defence of Canada or the conduct of international affairs;

    • (e) made to a person who needs the information because of an emergency that threatens the life, health or security of an individual and, if the individual whom the information is about is alive, the organization informs that individual in writing without delay of the disclosure;

    • (f) for statistical, or scholarly study or research, purposes that cannot be achieved without disclosing the information, it is impracticable to obtain consent and the organization informs the Commissioner of the disclosure before the information is disclosed;

    • (g) made to an institution whose functions include the conservation of records of historic or archival importance, and the disclosure is made for the purpose of such conservation;

    • (h) made after the earlier of

      • (i) one hundred years after the record containing the information was created, and

      • (ii) twenty years after the death of the individual whom the information is about;

    • (h.1) of information that is publicly available and is specified by the regulations;

    • (h.2) made by an investigative body and the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or

    • (i) required by law.

  • Marginal note:Use without consent

    (4) Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection (2).

  • Marginal note:Disclosure without consent

    (5) Despite clause 4.5 of Schedule 1, an organization may disclose personal information for purposes other than those for which it was collected in any of the circumstances set out in paragraphs (3)(a) to (h.2).

  • 2000, c. 5, s. 7, c. 17, s. 97;
  • 2001, c. 41, s. 81;
  • 2004, c. 15, s. 98.