Privacy Regulations (SOR/83-508)

Regulations are current to 2014-08-05 and last amended on 2013-12-12. Previous Versions

Privacy Regulations

SOR/83-508

PRIVACY ACT

Registration 1983-06-03

Regulations With Respect to Privacy

P.C. 1983-1668 1983-06-02

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice and the Treasury Board, pursuant to subsection 77(1) of the Privacy Act, is pleased hereby to make the annexed Regulations with respect to privacy.

SHORT TITLE

 These Regulations may be cited as the Privacy Regulations.

INTERPRETATION

 In these Regulations,

“Access to Personal Information Request Form”

“Access to Personal Information Request Form” means the form prescribed by the designated Minister pursuant to paragraph 71(1)(c) of the Act for the purpose of requesting access to personal information under the control of a government institution; (formule de demande d’accès à des renseignements personnels)

“Act”

“Act” means the Privacy Act; (Loi)

“appropriate officer”

“appropriate officer” means the officer of the government institution whose title and address is published pursuant to subparagraphs 11(1)(a)(iii) and 11(1)(b)(ii) of the Act; (fonctionnaire compétent)

“Correction Request Form”

“Correction Request Form” means the form prescribed by the designated Minister pursuant to paragraph 71(1)(c) of the Act for the purpose of requesting, under subsection 12(2) of the Act, a correction of personal information under the control of a government institution. (formule de demande de correction)

“Notation Request Form”

“Notation Request Form”[Revoked, SOR/85-1092, s. 1]

  • SOR/85-1092, s. 1.

GOVERNMENT INSTITUTIONS OR PARTS OF GOVERNMENT INSTITUTIONS

 The government institutions or parts of government institutions for the purpose of paragraph (e) of the definition “personal information” in section 3 of the Act are those set out in Schedule I to these Regulations.

RETENTION OF PERSONAL INFORMATION THAT HAS BEEN USED BY A GOVERNMENT INSTITUTION FOR AN ADMINISTRATIVE PURPOSE

  •  (1) Personal information concerning an individual that has been used by a government institution for an administrative purpose shall be retained by the institution

    • (a) for at least two years following the last time the personal information was used for an administrative purpose unless the individual consents to its disposal; and

    • (b) where a request for access to the information has been received, until such time as the individual has had the opportunity to exercise all his rights under the Act.

  • (2) Notwithstanding subsection (1) where personal information is under the control of a government institution at a post abroad, the head of the post or the senior officer in charge thereof may order the destruction of the information in an emergency in order to prevent the removal of the information from the control of the institution.

  • (3) [Revoked, SOR/88-123, s. 1]

  • SOR/85-1092, s. 2;
  • SOR/88-123, s. 1.

 The investigative bodies for the purposes of

  • (a) paragraph 8(2)(e) of the Act are those listed in Schedule II;

  • (b) paragraph 22(1)(a) of the Act are those listed in Schedule III; and

  • (c) section 23 of the Act are those listed in Schedule IV.

PERSONAL INFORMATION UNDER THE CONTROL OF THE ARCHIVES

 Personal information that has been transferred to the control of the Library and Archives of Canada by a government institution for archival or historical purposes may be disclosed to any person or body for research or statistical purposes where

  • (a) the information is of such a nature that disclosure would not constitute an unwarranted invasion of the privacy of the individual to whom the information relates;

  • (b) the disclosure is in accordance with paragraph 8(2)(j) or (k) of the Act;

  • (c) 110 years have elapsed following the birth of the individual to whom the information relates; or

  • (d) in cases where the information was obtained through the taking of a census or survey, 92 years have elapsed following the census or survey containing the information.

  • R.S., 1985, c. 1 (3rd Supp.), s. 12;
  • 2004, c. 11, subpar. 52(5) and (6).

RETENTION FOR TWO YEARS

 The head of a government institution shall retain for a period of at least two years following the date on which a request for access to personal information is received by the institution under paragraph 8(2)(e) of the Act

  • (a) a copy of every request received; and

  • (b) a record of any information disclosed pursuant to such a request.

PROCEDURES

  •  (1) A request for access to personal information under paragraph 12(1)(a) or (b) of the Act shall be made by completing an Access to Personal Information Request Form in respect of

    • (a) each personal information bank that is the subject of the request, or

    • (b) each class of personal information that is not contained in a personal information bank

    and forwarding the form to the appropriate officer.

  • (2) An individual who makes a request for access to personal information pursuant to subsection (1) shall provide adequate identification to the government institution before access to the information is provided and may be required to present himself in person.

 Where access to personal information is given to an individual by means of an opportunity to examine the information, the head of the institution shall

  • (a) provide reasonable facilities for the examination; and

  • (b) set a time for the examination that is convenient for the institution and the individual.

  • SOR/85-1092, s. 3(E).

 The rights or actions provided for under the Act and these Regulations may be exercised or performed

  • (a) on behalf of a minor or an incompetent person by a person authorized by or pursuant to the law of Canada or a province to administer the affairs or estate of that person;

  • (b) on behalf of a deceased person by a person authorized by or pursuant to the law of Canada or a province to administer the estate of that person, but only for the purpose of such administration; and

  • (c) on behalf of any other individual by any person authorized in writing to do so by the individual.

  •  (1) Where an individual who is given access under paragraph 12(1)(a) of the Act to personal information that has been used, is being used or is available for use for an administrative purpose believes there is an error or omission in the personal information, the individual may forward to the appropriate officer a Correction Request Form in respect of each personal information bank containing the information

    • (a) requesting correction of the personal information;

    • (b) requesting that any person or body to whom the personal information has been disclosed within the two years immediately preceding the date that the request for correction is received be notified of any correction made pursuant to paragraph (a); and

    • (c) requesting that any government institution to which the personal information has been disclosed within the two years immediately preceding the date that the request for correction is received be notified of any correction made pursuant to paragraph (a) and to make the correction on every copy of the personal information under its control.

  • (2) Where a correction to personal information is made pursuant to a request by an individual under paragraph (1)(a), the head of the government institution that has control of the personal information shall, within thirty days after the receipt by the appropriate officer of the Correction Request Form forwarded by the individual,

    • (a) notify the individual that the correction has been made;

    • (b) notify any person or body referred to in paragraph (1)(b) that the correction has been made; and

    • (c) notify the appropriate officer of any government institution referred to in paragraph (1)(c) that the correction has been made and that the officer is required to make the correction on every copy of the personal information under the control of the institution.

  • (3) Where the appropriate officer referred to in paragraph (2)(c) receives a notice referred to in that paragraph, the officer shall make the correction required by the notice.

  • (4) Where a request by an individual under paragraph (1)(a) to correct personal information is refused in whole or in part, the head of the government institution that has control of the personal information shall, within thirty days after the receipt by the appropriate officer of the Correction Request Form forwarded by the individual,

    • (a) attach a notation to the personal information reflecting that a correction was requested but was refused in whole or in part;

    • (b) notify the individual that

      • (i) the request for correction has been refused in whole or in part and set out the reasons for the refusal,

      • (ii) the notation under paragraph (a) has been attached to the personal information, and

      • (iii) the individual has the right under the Act to make a complaint to the Privacy Commissioner;

    • (c) notify any person or body referred to in paragraph (1)(b) that the notation under paragraph (a) has been attached to the personal information; and

    • (d) notify the appropriate officer of any government institution referred to in paragraph (1)(c) that the notation under paragraph (a) has been attached to the personal information and that the officer is required to attach such a notation to every copy of the personal information under the control of the institution.

  • (5) Where the appropriate officer referred to in paragraph (4)(d) receives a notice referred to in that paragraph, the officer shall comply with that notice.

  • SOR/85-1092, s. 4.

CLASSES OF INVESTIGATIONS

 The classes of investigations for the purpose of paragraph 22(3)(c) of the Act are the classes of investigations set out in Schedule V.

DISCLOSURE OF INFORMATION RELATING TO PHYSICAL OR MENTAL HEALTH

  •  (1) Where an individual has requested personal information relating to the physical or mental health of the individual, the head of the government institution that has control of the information may authorize the disclosure of the information to a duly qualified medical practitioner or psychologist in order that the practitioner or psychologist may provide an opinion as to whether disclosure of the information would be contrary to the best interests of the individual.

  • (2) Personal information disclosed to a duly qualified medical practitioner or psychologist under subsection (1) shall not be disclosed by the duly qualified medical practitioner or psychologist to any other person, except to a duly qualified medical practitioner or psychologist for the purposes of the opinion referred to in subsection (1), without the consent of the individual to whom the information relates.

  • SOR/90-157, s. 1.

 An individual who is given access to personal information relating to his physical or mental health may be required by the head of the government institution that has control of the information to examine the information in person and in the presence of a duly qualified medical practitioner or psychologist so that the practitioner or psychologist may explain or clarify the information to the individual.

SCHEDULE I(s. 3)GOVERNMENT INSTITUTIONS OR PARTS OF GOVERNMENT INSTITUTIONS

  • 1. 
    Canada Council for the Arts
  • 1.1 
    Canadian Institute for International Peace and Security
  • 2. 
    Health Services and Promotion Branch, Department of National Health and Welfare
  • 3. 
    Medical Research Council
  • 4. 
    National Museums of Canada
  • 5. 
    Natural Sciences and Engineering Research Council
  • 6. 
    Social Sciences and Humanities Research Council
  • 7. 
    Social Services Branch, Department of National Health and Welfare
  • SOR/87-314, s. 1;
  • 2001, c. 34, s. 17.

SCHEDULE II(s. 5)INVESTIGATIVE BODIES

  • 1. 
    Audit Directorate, Department of National Revenue (Taxation)
  • 1.1 
    [Repealed, SOR/2010-146, s. 4]
  • 2. 
    Boards of Inquiry, Department of National Defence
  • 3. 
    Office of Controlled Substances, Healthy Environments and Consumer Safety Branch, Department of Health
  • 4. 
    [Revoked, SOR/85-965, s. 1]
  • 5. 
    [Repealed, SOR/2013-115, s. 2]
  • 6. 
    Canadian Forces Military Police
  • 6.01 
    Canadian Forces National Counter-Intelligence Unit
  • 6.1 
    Canadian Security Intelligence Service
  • 6.2 
    Canadian Transportation Accident Investigation and Safety Board
  • 7. 
    [Repealed, SOR/2013-115, s. 3]
  • 8. 
    Clemency and Record Suspension Division, Parole Board of Canada
  • 8.1 
    Collections Section of the Compliance Division, Department of National Revenue (Customs and Excise)
  • 9. 
    Integrity Operations Directorate, Integrity Services Branch, Department of Employment and Social Development
  • 9.1 
    [Repealed, SOR/2013-115, s. 4]
  • 9.2 
    [Repealed, SOR/2013-115, s. 4]
  • 9.3 
    Inland Enforcement Division, Canada Border Services Agency
  • 10. 
    Intelligence and Targeting Operations Directorate, Canada Border Services Agency
  • 10.1 
    [Revoked, SOR/92-501, s. 4]
  • 10.2 
    [Repealed, SOR/2013-115, s. 5]
  • 10.3 
    Law Enforcement Branch, Parks Canada Agency
  • 11. 
    Personnel Security Service, Department of Foreign Affairs and International Trade
  • 12. 
    Preventive Security, Security Branch, Correctional Service of Canada
  • 13. 
    Royal Canadian Mounted Police
  • 13.1 
    Security Intelligence Review Committee
  • 14. 
    Security and Investigative Services, Canada Post Corporation
  • 15. 
    Security Bureau, Passport Canada, Department of Foreign Affairs and International Trade
  • 15.1 
    Criminal Investigations Division, Canada Border Services Agency
  • 16. 
    [Repealed, SOR/2013-115, s. 8]
  • 17. 
    Verifications and Collections Directorate, Department of National Revenue (Taxation)
  • SOR/84-46, ss. 1, 2;
  • SOR/84-571, s. 1;
  • SOR/85-345, s. 1;
  • SOR/85-965, ss. 1, 2;
  • R.S., 1985, c. 35 (2nd Supp.), s. 15;
  • SOR/86-138, s. 1;
  • SOR/89-284, s. 1;
  • SOR/92-501, ss. 1 to 6;
  • SOR/94-285, s. 1;
  • SOR/2002-342, s. 1;
  • SOR/2010-146, ss. 1 to 4;
  • 2013, c. 40, s. 237;
  • SOR/2013-115, ss. 1 to 8.

SCHEDULE III(s. 5)INVESTIGATIVE BODIES

  • 1. 
    [Repealed, SOR/2013-115, s. 9]
  • 2. 
    Canadian Forces Military Police
  • 2.01 
    Canadian Forces National Counter-Intelligence Unit
  • 2.1 
    Canadian Security Intelligence Service
  • 3. 
    Director of Investigation and Research, Department of Consumer and Corporate Affairs
  • 4. 
    Intelligence and Targeting Operations Directorate, Canada Border Services Agency
  • 5. 
    Preventive Security, Security Branch, Correctional Service of Canada
  • 6. 
    Royal Canadian Mounted Police
  • 7. 
    Security and Investigative Services, Canada Post Corporation
  • 8. 
    Special Investigations Division, Department of National Revenue (Taxation)
  • 9. 
    [Repealed, SOR/2013-115, s. 11]
  • SOR/84-571, s. 2;
  • R.S., 1985, c. 35 (2nd Supp.), s. 15;
  • SOR/2002-342, s. 2;
  • SOR/2010-146, s. 5;
  • SOR/2013-115, ss. 9 to 11.

SCHEDULE IV(s. 5)INVESTIGATIVE BODIES

  • 1. 
    Canadian Forces National Counter-Intelligence Unit
  • 1.01 
    Canadian Security Intelligence Service
  • 1.1 
    Directorate of Security, Department of National Defence
  • 2. 
    Personnel Security Service, Department of Foreign Affairs and International Trade
  • 3. 
    Royal Canadian Mounted Police
  • 4. 
    Security and Investigative Services, Canada Post Corporation
  • 5. 
    [Repealed, SOR/2013-115, s. 13]
  • SOR/85-216, s. 1;
  • SOR/2002-342, ss. 3, 4;
  • SOR/2013-115, ss. 12, 13.

SCHEDULE V(s. 12)CLASSES OF INVESTIGATIONS

  • 1. Investigations by a Fact Finding Board established by the Department of Transport to investigate air traffic control where it has been alleged that due to a system deficiency

    • (a) flight safety may have been jeopardized; or

    • (b) less than the minimum required separation between aircraft may have existed.

  • 2. Investigations by a Flight Service Station Review Committee established by the Department of Transport to investigate reported occurrences relating to aviation safety where

    • (a) procedures or action or a lack thereof,

    • (b) systems failure, or

    • (c) other causes

    have brought the reliability of a Flight Service Station or the Flight Service Station System into question.

  • 3. Canadian Forces flight safety accident investigations other than those conducted in the form of a board of inquiry or summary investigation under the National Defence Act.

  • 4. Investigations by or under the authority of the Canadian Forces Fire Marshall for the purpose of determining the cause of a fire, other than those conducted in the form of a board of inquiry or summary investigation under the National Defence Act.

  • 5. Investigations by an investigative body set out in Schedule IV for the purpose of reviewing or updating a security clearance referred to in paragraph 23(a) or (b) of the Act that was granted to an individual.

  • 6. Investigation by an investigative body set out in Schedule IV for the purpose of granting, reviewing or updating a security clearance required by an international organization established by the governments of states or any institution of such an organization.

  • 7. Investigations by the Special Inquiries Unit of the Inspector General’s Branch of the Correctional Service of Canada.

  • SOR/84-46, s. 3;
  • SOR/85-752, s. 1;
  • R.S., 1985, c. 35 (2nd Supp.), s. 15.