Protection of Personal Information in the Private Sector: Definitions
The definitions in this subsection apply in this Part....
The definitions in this subsection apply in this Part....
The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information...
This Part applies to every organization in respect of personal information that the organization collects, uses or discloses in the course of commercial activities...
This Part does not apply to any government institution to which the Privacy Act applies...
Every provision of this Part applies despite any provision, enacted after this subsection comes into force, of any other Act of Parliament...
This Part does not apply to an organization in respect of the business contact information of an individual that the organization collects...
Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed...
Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information...
The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part...
The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act...
Subject to sections 6 to 9, every organization shall comply with the obligations set out in Schedule 1...
The word should, when used in Schedule 1, indicates a recommendation and does not impose an obligation...
An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances...
The designation of an individual under clause 4.1 of Schedule 1 does not relieve the organization of the obligation to comply with the obligations set out in that Schedule...
For the purposes of clause 4.3 of Schedule 1, the consent of an individual is only valid if it is reasonable to expect that an individual to whom the organization’s activities...
For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may collect personal information without the knowledge or consent of the individual only if...
For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may, without the knowledge or consent of the individual, use personal information only if...
For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is...
Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection (2)...
Despite clause 4.5 of Schedule 1, an organization may disclose personal information for purposes other than those for which it was collected in any of the circumstances set out in paragraphs (3)(a) to (h.1)...
The following definitions apply in this section...
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...
Paragraphs 7(1)(a) 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...
In addition to the circumstances set out in subsections 7(2) and (3), for the purpose of clause 4.3 of Schedule 1...
In addition to the circumstances set out in subsections 7(2) and (3), for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause...
An organization shall comply with the terms of any agreement into which it enters under paragraph (1)(a) or (2)(a)....
Subsections (1) and (2) do not apply to a business transaction of which the primary purpose or result is the purchase, sale or other acquisition or disposition, or lease, of personal information...
In addition to the circumstances set out in section 7, for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause...
Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection 7.2(1) or (2) or section 7.3...
Despite clause 4.5 of Schedule 1, an organization may disclose personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection 7.2(1) or (2) or section 7.3...
A request under clause 4.9 of Schedule 1 must be made in writing....
Despite clause 4.9 of Schedule 1, an organization shall not give an individual access to personal information if doing so would likely reveal personal information about a third party...
An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a right of access to personal information under this Part and who requests that...
An organization shall report to the Commissioner any breach of security safeguards involving personal information under its control if it is reasonable in the circumstances to believe that the breach creates a real risk...
An organization that notifies an individual of a breach of security safeguards under subsection 10.1(3) shall notify any other organization...
An organization shall, in accordance with any prescribed requirements, keep and maintain a record of every breach of security safeguards involving personal information under its control...
An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1 or 1.1 or for not following a recommendation set out in Schedule 1...
The Commissioner shall conduct an investigation in respect of a complaint, unless the Commissioner is of the opinion that...
In the conduct of an investigation of a complaint, the Commissioner may...
The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that...
The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains...
A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of...
The Commissioner may, in respect of a complaint that the Commissioner did not initiate...
The Court may, in addition to any other remedies it may give...
An application made under section 14 or 15 shall be heard and determined without delay and in a summary way unless the Court considers it inappropriate to do so...
If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of...
If the Commissioner is of the opinion that a compliance agreement has been complied with, the Commissioner shall provide written notice to that effect to the organization and withdraw any applications...
The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an organization if the Commissioner has reasonable grounds to believe that...
After an audit, the Commissioner shall provide the audited organization with a report that contains the findings of the audit and any recommendations that the Commissioner considers appropriate...
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...
The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or...
No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner...
If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may...
Subject to subsection (3), the Commissioner may, in accordance with any procedure established under paragraph (4)(b), disclose information referred to in subsection (2) that has come to the Commissioner’s...
The Commissioner shall develop and conduct information programs to foster public understanding...
The Commissioner shall, within three months after the end of each financial year, submit to Parliament a report concerning the application of this Part...
The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations...
Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1 or 1.1 may notify the Commissioner...
No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that...
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...
The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament...
This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose legislature has the power to regulate the collection...