Privacy Regulations (SOR/83-508)

Regulations are current to 2013-05-26 and last amended on 2010-06-17. Previous Versions

5. 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

6. 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

7. 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

  • 8. (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.

9. 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).

10. 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.