Privacy Act
Sections and provisions with full text and the judgments that cite each one.
Section 43 — Application respecting files in exempt banks
In the circumstances described in subsection 36(5), the Privacy Commissioner may apply to the Court for a review of any file contained in a personal information bank designated as an exempt bank…
Section 44 — Hearing in summary way
An application made under section 41, 42 or 43 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the…
Section 45 — Access to information
Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may,…
Section 46 — Court to take precautions against disclosing
In any proceedings before the Court arising from an application under section 41, 42 or 43, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex…
Section 47 — Burden of proof
In any proceedings before the Court arising from an application under section 41, 42 or 43, the burden of establishing that the head of a government institution is authorized to refuse to disclose…
Section 48 — Order of Court where no authorization to refuse disclosure found
Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of a provision of this Act not referred to in section 49, the Court…
Section 49 — Order of Court where reasonable grounds of injury not found
Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of section 20 or 21 or paragraph 22(1)(b) or (c) or 24(a), the Court…
Section 50 — Order to remove file from exempt bank
Where the Privacy Commissioner makes an application to the Court under section 43 for a review of a file contained in a personal information bank designated as an exempt bank under section 18, the…
Section 51 — 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…
Section 52 — Costs
Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders…
Section 53 — Appointment
The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in…
Section 54 — Rank, powers and duties generally
The Privacy Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Privacy Commissioner under this Act or any…
Section 55 — Information Commissioner may be appointed as Privacy Commissioner
The Governor in Council may appoint as Privacy Commissioner under section 53 the Information Commissioner appointed under the Access to Information Act . In the event that the Information…
Section 56 — Appointment of Assistant Privacy Commissioner
The Governor in Council may, on the recommendation of the Privacy Commissioner, appoint one or more Assistant Privacy Commissioners. Subject to this section, an Assistant Privacy Commissioner holds…
Section 57 — Duties generally
An Assistant Privacy Commissioner shall engage exclusively in such duties or functions of the office of the Privacy Commissioner under this Act or any other Act of Parliament as are delegated by the…
Section 58 — Staff of the Privacy Commissioner
Such officers and employees as are necessary to enable the Privacy Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be…
Section 59 — Delegation by Privacy Commissioner
Subject to subsection (2), the Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers,…
Section 60 — Special studies
The Privacy Commissioner shall carry out or cause to be carried out such studies as may be referred to the Commissioner by the Minister of Justice relating to the privacy of individuals, concerning…
Section 61 — Principal office
The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act .
Section 62 — Security requirements
The Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act or any other Act…
Section 63 — Confidentiality
Subject to this Act, the Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the…
Section 64 — Disclosure authorized
The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information that, in the opinion of the Commissioner, is…
Section 65 — Information not to be disclosed
In carrying out an investigation under this Act, in notifying an individual of a disclosure under subsection 8(5) and in any report made to Parliament under section 38 or 39, the Privacy Commissioner…
Section 66 — No summons
The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the…
Section 66.1 — For greater certainty
For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act .
Section 67 — Protection of Privacy Commissioner
No criminal or civil proceedings lie against the Privacy Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good…
Section 68 — Obstruction
No person shall obstruct the Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this…
Section 69 — Act does not apply to certain materials
This Act does not apply to library or museum material preserved solely for public reference or exhibition purposes; or material placed in the Library and Archives of Canada, the National Gallery of…
Section 69.1 — Canadian Broadcasting Corporation
This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or…
Section 70 — Confidences of the Queen’s Privy Council for Canada
This Act does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, any information contained in memoranda the purpose of…
Section 70.1 — Certificate under Canada Evidence Act
If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that…
Section 71 — Duties and functions of designated Minister
Subject to subsection (2), the designated Minister shall cause to be kept under review the manner in which personal information banks are maintained and managed to ensure compliance with the…
Section 71.1 — Designated Minister’s power
The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.
Section 72 — Annual report — government institutions
Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and…
Section 73 — Delegation by head of government institution
The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution. The head of a government…
Section 73.1 — Provision of services related to privacy
A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that…
Section 73.2 — Personal information not under control of institution
The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to…
Section 74 — Protection from civil proceeding or from prosecution
Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the…
Section 75 — Permanent review of this Act by Parliamentary committee
The administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by…
Section 76 — Binding on Crown
This Act is binding on Her Majesty in right of Canada.
Section 77 — Regulations
The Governor in Council may make regulations specifying government institutions or parts of government institutions for the purpose of paragraph (e) of the definition personal information in section…