Digital Privacy Act (S.C. 2015, c. 32)

Assented to 2015-06-18

 Paragraphs 27.1(1)(a) to (c) of the Act are replaced by the following:

  • (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1 or 1.1;

  • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1 or 1.1;

  • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 or 1.1 not be contravened; or

 The portion of section 28 of the Act before paragraph (a) is replaced by the following:

Marginal note:Offence and punishment

28. Every organization that knowingly contravenes subsection 8(8), section 10.1 or subsection 10.3(1) or 27.1(1) or that obstructs the Commissioner or the Commissioner’s delegate in the investigation of a complaint or in conducting an audit is guilty of

CONSEQUENTIAL AMENDMENT

R.S., c. A-1Access to Information Act

 Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Personal Information Protection and Electronic Documents Act

    Loi sur la protection des renseignements personnels et les documents électroniques.

and a corresponding reference to “subsection 20(1.1)”.

COORDINATING AMENDMENTS

Marginal note:2010, c. 23
  •  (1) In this section “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, chapter 23 of the Statutes of Canada, 2010.

  • (2) On the first day on which both section 82 of the other Act and subsection 6(3) of this Act are in force, the portion of subsection 7.1(2) of the Personal Information Protection and Electronic Documents Act before paragraph (a) is replaced by the following:

    • Marginal note:Collection of electronic addresses, etc.

      (2) Paragraphs 7(1)(a) and (b.1) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of

  • (3) On the first day on which both subsection 20(6) of the Personal Information Protection and Electronic Documents Act, as enacted by subsection 86(2) of the other Act, and subsection 20(6) of the Personal Information Protection and Electronic Documents Act, as enacted by subsection 17(4) of this Act, are in force,

    • (a) subsections 20(1) and (1.1) of the Personal Information Protection and Electronic Documents Act are replaced by the following:

      Marginal note:Confidentiality
      • 20. (1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part other than those referred to in subsection 10.1(1) or 10.3(2).

      • Marginal note:Confidentiality — reports and records

        (1.1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2).

    • (b) subsection 20(6) of the Personal Information Protection and Electronic Documents Act, as enacted by subsection 86(2) of the other Act, is renumbered as subsection 20(7) and is repositioned accordingly if required.

COMING INTO FORCE

Marginal note:Order in council

 Sections 10, 11 and 14, subsections 17(1) and (4) and sections 19 and 22 to 25 come into force on a day to be fixed by order of the Governor in Council.

 
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