Marginal note:Personal information to be collected directly

• 5 (1) A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2).

• Marginal note:Individual to be informed of purpose

  (2) A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply where compliance therewith might

  • (a) result in the collection of inaccurate information; or

  • (b) defeat the purpose or prejudice the use for which information is collected.

Marginal note:Retention of personal information used for an administrative purpose

• 6 (1) Personal information that has been used by a government institution for an administrative purpose shall be retained by the institution for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.

• Marginal note:Accuracy of personal information

  (2) A government institution shall take all reasonable steps to ensure that personal information that is used for an administrative purpose by the institution is as accurate, up-to-date and complete as possible.

• Marginal note:Disposal of personal information

  (3) A government institution shall dispose of personal information under the control of the institution in accordance with the regulations and in accordance with any directives or guidelines issued by the designated minister in relation to the disposal of that information.

Protection of Personal Information

Marginal note:Use of personal information

7 Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except

• (a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or

• (b) for a purpose for which the information may be disclosed to the institution under subsection 8(2).

Marginal note:Disclosure of personal information

• 8 (1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.

• Marginal note:Where personal information may be disclosed

  (2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed

  • (a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose;

  • (b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;

  • (c) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;

  • (d) to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada;

  • (e) to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed;

  • (f) under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation — as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act —, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

  • (g) to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem;

  • (h) to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes;

  • (i) to the Library and Archives of Canada for archival purposes;

  • (j) to any person or body for research or statistical purposes if the head of the government institution

    • (i) is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and

    • (ii) obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates;

  • (k) to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada;

  • (l) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada; and

  • (m) for any purpose where, in the opinion of the head of the institution,

    • (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or

    • (ii) disclosure would clearly benefit the individual to whom the information relates.

• Marginal note:Personal information disclosed by Library and Archives of Canada

  (3) Subject to any other Act of Parliament, personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes.

• Marginal note:Copies of requests under paragraph (2)(e) to be retained

  (4) The head of a government institution shall retain a copy of every request received by the government institution under paragraph (2)(e) for such period of time as may be prescribed by regulation, shall keep a record of any information disclosed pursuant to the request for such period of time as may be prescribed by regulation and shall, on the request of the Privacy Commissioner, make those copies and records available to the Privacy Commissioner.

• Marginal note:Notice of disclosure under paragraph (2)(m)

  (5) The head of a government institution shall notify the Privacy Commissioner in writing of any disclosure of personal information under paragraph (2)(m) prior to the disclosure where reasonably practicable or in any other case forthwith on the disclosure, and the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates of the disclosure.

• Definition of Indian band

  (6) In paragraph (2)(k), Indian band means

  • (a) a band, as defined in the Indian Act;

  • (b) a band, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the Statutes of Canada, 1984;

  • (c) the Band, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986; or

  • (d) a first nation named in Schedule II to the Yukon First Nations Self-Government Act.

• Definition of aboriginal government

  (7) The expression aboriginal government in paragraph (2)(k) means

  • (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;

  • (b) the council of the Westbank First Nation;

  • (c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act;

  • (d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act;

  • (e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act;

  • (e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;

  • (f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act;

  • (g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act; or

  • (h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act.

• Definition of council of the Westbank First Nation

  (8) The expression council of the Westbank First Nation in paragraphs (2)(f) and (7)(b) means the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.