Section 51 — Privacy Act: Actions relating to international affairs and defence

Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications. An application referred to in subsection (1) or an appeal brought in respect of such application shall be heard in camera ;

and on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act . During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte .