Privacy Act (R.S.C., 1985, c. P-21)

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

Marginal note:No summons

 The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceeding other than 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.

  • R.S., 1985, c. P-21, s. 66;
  • R.S., 1985, c. 27 (1st Supp.), s. 187.
Marginal note:Protection of Privacy Commissioner
  •  (1) No criminal or civil proceedings lie against the Privacy Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act.

  • Marginal note:Libel or slander

    (2) For the purposes of any law relating to libel or slander,

    • (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation carried out by or on behalf of the Privacy Commissioner under this Act is privileged; and

    • (b) any report made in good faith by the Privacy Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

  • 1980-81-82-83, c. 111, Sch. II “67”.

OFFENCES

Marginal note:Obstruction
  •  (1) No person shall obstruct the Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

  • 1980-81-82-83, c. 111, Sch. II “68”.

EXCLUSIONS

Marginal note:Act does not apply to certain materials
  •  (1) This Act does not apply to

    • (a) library or museum material preserved solely for public reference or exhibition purposes; or

    • (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.

  • Marginal note:Sections 7 and 8 do not apply to certain information

    (2) Sections 7 and 8 do not apply to personal information that is publicly available.

  • R.S., 1985, c. P-21, s. 69;
  • R.S., 1985, c. 1 (3rd Supp.), s. 12;
  • 1990, c. 3, s. 32;
  • 1992, c. 1, s. 143(E);
  • 2004, c. 11, s. 39;
  • 2008, c. 9, s. 10;
  • 2010, c. 7, s. 9;
  • 2013, c. 38, s. 18.