Freedom of Information and Protection of Privacy Act
Ontario, Chapter F.31
PART III -- PROTECTION OF INDIVIDUAL PRIVACY
COLLECTION AND RETENTION OF PERSONAL INFORMATION
- Application of Part
- 37.
This Part does not apply to personal information that
is maintained for the purpose of creating a record that is
available to the general public.
[R.S.O. 1990, c.F.31, s.37.]
- Definition
- 38. (1)
In this section and in
section 39
,
"personal information" includes information that is not recorded and
that is otherwise defined as "personal information" under
this Act.
- Collection of personal information
- (2)
No person shall collect personal information on behalf
of an institution unless the collection is expressly
authorized by statute, used for the purposes of law
enforcement or necessary to the proper administration of a
lawfully authorized activity.
[R.S.O. 1990, c.F.31, s.38.]
- Manner of collection
- 39. (1)
Personal information shall only be collected by an
institution directly from the individual to whom the
information relates unless,
- (a)
the individual authorizes another manner of collection;
- (b)
the personal information may be disclosed to the
institution concerned under
section 42
or under
section 32
of the
Municipal Freedom of Information
and Protection of Privacy Act
;
- (c)
the Commissioner has authorized the manner of
collection under
clause 59(c)
;
- (d)
the information is in a report from a reporting
agency in accordance with the Consumer Reporting Act;
- (e)
the information is collected for the purpose of
determining suitability for an honour or award
to recognize outstanding achievement or
distinguished service;
- (f)
the information is collected for the purpose of
the conduct of a proceeding or a possible
proceeding before a court or tribunal;
- (g)
the information is collected for the purpose of
law enforcement; or
- (h)
another manner of collection is authorized by or
under a statute.
- Notice to individual
- (2)
Where personal information is collected on behalf of an
institution, the head shall, unless notice is waived by the
responsible minister, inform the individual to whom the
information relates of,
- (a)
the legal authority for the collection;
- (b)
the principal purpose or purposes for which the
personal information is intended to be used; and
- (c)
the title, business address and business
telephone number of a public official who can
answer the individual's questions about the
collection.
- Exception
- (3)
Subsection (2) does not apply where the head may refuse
to disclose the personal information under
subsection 14(1) or (2)
(law enforcement).
[R.S.O. 1990, c.F.31, s.39.]
- Retention of personal information
- 40. (1)
Personal information that has been used by an
institution shall be retained after use by the institution
for the period prescribed by regulation in order to ensure
that the individual to whom it relates has a reasonable
opportunity to obtain access to the personal information.
- Standard of accuracy
- (2)
The head of an institution shall take reasonable steps
to ensure that personal information on the records of the
institution is not used unless it is accurate and up to date.
- Exception
- (3)
Subsection (2) does not apply to personal information
collected for law enforcement purposes.
- Disposal of personal information
- (4)
A head shall dispose of personal information under the
control of the institution in accordance with the
regulations.
[R.S.O. 1990, c.F.31, s.40.]
USE AND DISCLOSURE OF PERSONAL INFORMATION
- Use of personal information
- 41.
An institution shall not use personal information in
its custody or under its control except,
- (a)
where the person to whom the information relates
has identified that information in particular
and consented to its use;
- (b)
for the purpose for which it was obtained or
compile or for a consistent purpose; or
- (c)
for a purpose for which the information may be
disclosed to the institution under
section 42
or under
section 32
of the
Municipal Freedom of Information
and Protection of Privacy Act
.
[R.S.O. 1990, c.F.31, s.41.]
- Where disclosure permitted
- 42.
An institution shall not disclose personal information
in its custody or under its control except,
- (a)
in accordance with
Part II
;
- (b)
where the person to whom the information relates
has identified that information in particular
and consented to its disclosure;
- (c)
for the purpose for which it was obtained or
compiled or for a consistent purpose;
- (d)
where disclosure is made to an officer or
employee of the institution who needs the record
in the performance of his or her duties and
where disclosure is necessary and proper in the
discharge of the institution's functions;
- (e)
for the purpose of complying with an Act of the
Legislature or an Act of Parliament or a treaty,
agreement or arrangement thereunder;
- (f)
where disclosure is by a law enforcement institution,
- (i)
to a law enforcement agency in a foreign
country under an arrangement, a written
agreement or treaty or legislative authority, or
- (ii)
to another law enforcement agency in Canada;
- (g)
where disclosure is to an institution or a law
enforcement agency in Canada to aid an
investigation undertaken with a view to a law
enforcement proceeding or from which a law
enforcement proceeding is likely to result;
- (h)
in compelling circumstances affecting the health
or safety of an individual if upon disclosure
notification thereof is mailed to the last known
address of the individual to whom the
information relates;
- (i)
in compassionate circumstances, to facilitate
contact with the next of kin or a friend of an
individual who is injured, ill or deceased;
- (j)
to a member of the Legislative Assembly who has
been authorized by a constituent to whom the
information relates to make an inquiry on the
constituent's behalf or, where the constituent
is incapacitated, has been authorized by the
next of kin or legal representative of the
constituent;
- (k)
to a member of the bargaining agent who has been
authorized by an employee to whom the
information relates to make an inquiry on the
employee's behalf or, where the employee is
incapacitated, has been authorized by the next-
of-kin or legal representative of the employee;
- (l)
to the responsible minister;
- (m)
to the Information and Privacy Commissioner; and
- (n)
to the Government of Canada in order to
facilitate the auditing of shared cost programs.
[R.S.O. 1990, c.F.31, s.42.]
- Consistent purpose
- 43.
Where personal information has been collected directly
from the individual to whom the information relates, the
purpose of a use or disclosure of that information is a
consistent purpose under
clauses 41(b)
and
42(c)
only if
the individual might reasonably have expected such a use or
disclosure.
[R.S.O. 1990, c.F.31, s.43.]
PERSONAL INFORMATION BANKS
- Personal information banks
- 44.
A head shall cause to be included in a personal
information bank all personal information under the control
of the institution that is organized or intended to be
retrieved by the individual's name or by an identifying
number, symbol or other particular assigned to the individual.
[R.S.O. 1990, c.F.31, s.44.]
- Personal information bank index
- 45.
The responsible minister shall publish at least once
each year an index of all personal information banks setting
forth, in respect of each personal information bank,
- (a)
its name and location;
- (b)
the legal authority for its establishment;
- (c)
the types of personal information maintained in it;
- (d)
how the personal information is used on a regular basis;
- (e)
to whom the personal information is disclosed on a regular basis;
- (f)
the categories of individuals about whom
personal information is maintained; and
- (g)
the policies and practices applicable to the
retention and disposal of the personal information.
[R.S.O. 1990, c.F.31, s.45.]
- Inconsistent use or disclosure
- 46. (1)
A head shall attach or link to personal
information in a personal information bank,
- (a)
a record of any use of that personal information
for a purpose other than a purpose described in
clause 45(d)
;
and
- (b)
a record of any disclosure of that personal
information to a person other than a person
described in
clause 45(e)
.
- Record of use part of personal information
- (2)
A record retained under subsection (1) forms part of
the personal information to which it is attached or linked.
- Notice and publication
- (3)
Where the personal information in a personal
information bank under the control of an institution is used
or disclosed for a use consistent with the purpose for which
the information was obtained or compiled by the institution
but the use is not one of the uses included under
clauses 45(d) and (e)
,
the head shall,
- (a)
forthwith notify the responsible minister of the
use or disclosure; and
- (b)
ensure that the use is included in the index.
[R.S.O. 1990, c.F.31, s.46.]
RIGHT OF INDIVIDUAL TO WHOM PERSONAL INFORMATION RELATES TO ACCESS
AND CORRECTION
- Right of access to personal information
- 47. (1)
Every individual has a right of access to,
- (a)
any personal information about the individual
contained in a personal information bank in the
custody or under the control of an institution; and
- (b)
any other personal information about the
individual in the custody or under the control
of an institution with respect to which the
individual is able to provide sufficiently
specific information to render it reasonably
retrievable by the institution.
- Right of correction
- (2)
Every individual who is given access under subsection (1)
to personal information is entitled to,
- (a)
request correction of the personal information
where the individual believes there is an error
or omission therein;
- (b)
require that a statement of disagreement be
attached to the information reflecting any
correction that was requested but not made; and
- (c)
require that any person or body to whom the
personal information has been disclosed within
the year before the time a correction is
requested or a statement of disagreement is
required be notified of the correction or
statement of disagreement.
[R.S.O. 1990, c.F.31, s.47.]
- Request
- 48. (1)
An individual seeking access to personal
information about the individual shall make a request
therefor in writing to the institution that the individual
believes has custody or control of the personal information
and shall identify the personal information bank or otherwise
identify the location of the personal information.
- Access procedures
- (2)
Subsections 10(2)
and
24(2)
and
sections 25
,
26
,
27
,
28
and
29
apply with necessary modifications to a request
made under subsection (1).
- Manner of access
- (3)
Subject to the regulations, where an individual is to
be given access to personal information requested under
subsection (1), the head shall,
- (a)
permit the individual to examine the personal information; or
- (b)
provide the individual with a copy thereof.
- Comprehensible form
- (4)
Where access to personal information is to be given,
the head shall ensure that the personal information is
provided to the individual in a comprehensible form and in a
manner which indicates the general terms and conditions under
which the personal information is stored and used.
[R.S.O. 1990, c.F.31, s.48.]
- Exemptions
- 49.
A head may refuse to disclose to the individual to whom
the information relates personal information,
- (a)
where
section 12
,
13
,
14
,
15
,
16
,
17
,
18
,
19
,
20
or
22
would apply to the disclosure of that
personal information;
- (b)
where the disclosure would constitute an
unjustified invasion of another individual's
personal privacy;
- (c)
that is evaluative or opinion material compiled
solely for the purpose of determining
suitability, eligibility or qualifications for
employment or for the awarding of government
contracts and other benefits where the
disclosure would reveal the identity of a source
who furnished information to the institution in
circumstances where it may reasonably have been
assumed that the identity of the source would be
held in confidence;
- (d)
that is medical information where the disclosure
could reasonably be expected to prejudice the
mental or physical health of the individual;
- (e)
that is a correctional record where the
disclosure could reasonably be expected to
reveal information supplied in confidence; or
- (f)
that is a research or statistical record.
[R.S.O. 1990, c.F.31, s.49.]
[
<== Part II - Freedom of Information
]
[
Part IV - Appeal
]