FOIPP - Protection of Privacy

Question 1

When can personal information be collected?

Answer 1

Section 26 -

(a) Only if collection is authorized by legislation,
(b) essential for operating programs or activities or (c) collected for law enforcement purposes

Question 2

How should personal information be collected?

Answer 2

• follow s26(a-c)
• determine minimum amount needed
• s27 - collect it directly from individual and notify for which purpose, legal authority and contact info for questions

Question 3

When can personal information under the c/c of the public body be used?

Answer 3

s32 - only for purpose for which it was originally collected unless:

s34 - info is to be used by public body for purpose which is reasonably and directly related to original purpose for collection

• individual identifies info and agrees to another use (must be informed consent)
• information to be used for reasons for which info was disclosed under s33-36

Question 4

When can a public body disclose personal information?

Answer 4

s33 - personal info under c/c of public body must only be disclosed as permitted under 33.1 or 33.2

Question 5

What is the difference between 33.1 and 33.2?

Answer 5

33. 1 - applies to disclosure of personal info both inside and outside Canada
34. 2 - applies to disclosure of info inside Canada only

Question 6

Under 33.1, when can a public body disclose personal information?

Answer 6

Agent uses discretion

• under Part 2 (FOI)
• if individual has identified and consented
• according to legislation
• according to treaty, written agreement
• to an individual who is a minister, officer of public body or employee if necessary to perform duties or protection of health and safety
• to AG or public body’s legal counsel for purpose of preparing legal advice
• see others

Question 7

Under 33., when can a public body disclose personal information?

Answer 7

only in Canada!

• for purpose for which it was obtained or use consistent with that purpose (s34 - direct and reasonable connection to original use)
• to officer/employee of public body or minister if necessary to perform duties
• to officer/employee of public body or minister if necessary for program delivery, protection of health and safety
• to auditor general for audit purposes
• to Leg Assembly member to resolve problem
• public body/law enforcement to assist in specific investigation