Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Protection of Personal Information Regulations (SOR/78-145)

Regulations are current to 2020-09-09

Correcting and Requesting a Notation of Records (continued)

 Where a government institution does not comply with a request made pursuant to section 16, it shall forward a record notation request form to the individual making the request and notify him of

  • (a) the reasons for not correcting the information;

  • (b) the right of the individual to require a notation of his requested correction on the record;

  • (c) the right of the individual to bring a complaint to the Privacy Commissioner; and

  • (d) the name and address of the Privacy Commissioner.

  •  (1) An individual may request a government institution to note on a record a request made pursuant to section 16 by completing a record notation request form and by forwarding the completed form to the appropriate officer.

  • (2) A completed record notation request form shall be forwarded in respect of each record that is the subject of a request under subsection (1).

 Within 30 days of the receipt of a record notation request form, a government institution shall make a notation on the record of the request for correction.

 Where

  • (a) information contained in a record has been corrected in accordance with a request made pursuant to section 16, or

  • (b) a record has been annotated pursuant to section 21,

the government institution shall transmit forthwith a copy of the corrected information or annotated record to all other government institutions that can reasonably be determined to have received the information or record for an administrative purpose prior to such correction or notation.

Medical Records Whether or Not Psychological Reports

  •  (1) A government institution may, after receipt of a request to examine a medical record, whether or not the record is a psychological report, seek the opinion of a duly qualified medical practitioner as to whether the examination of the record by the individual whom it concerns would be contrary to the best interests of that individual.

  • (2) Before a government institution seeks the opinion of a medical practitioner pursuant to subsection (1) in respect of a record, it shall remove from the record any part thereof that is subject to an exemption.

 Where a medical practitioner expresses the opinion that the examination of a medical record, whether or not the record is a psychological report, by the individual whom it concerns may be contrary to the best interests of that individual, the government institution shall inform the individual that the record is not available for his examination.

Notification of Non-consent to a Non-derivative Use

 The written notice to be given to a government institution by an individual pursuant to subsection 52(3) of the Act shall be given

  • (a) by hand or by registered mail to the government institution at the address set out in the notice given to the individual by that government institution; and

  • (b) within 30 days after receipt of the notice from the government institution.

Collection of Personal Information

 The designated Minister shall assign a registration number to each federal information bank.

 Personal information shall not be collected for inclusion in a federal information bank unless the bank has been assigned a registration number pursuant to section 26.

 A government institution shall, wherever possible, collect personal information for inclusion in a federal information bank directly from the individual whom such personal information concerns.

 A government institution shall, in the course of collecting from an individual personal information concerning that individual for inclusion in a federal information bank, inform the individual of the purposes to be served by such collection, the authority therefor and the rights of the individual under the Act.

Management and Surveillance of Records

 An annual report shall be submitted by the appropriate Minister to the designated Minister in such form and containing such information as the designated Minister may specify.

 The designated Minister may cause a federal information bank to be inspected to ensure that the provisions of the Act and these Regulations are complied with.

 
Date modified: