Privacy Act

The Privacy Act protects the privacy of individuals with respect to personal information held by federal government institutions. The Act gives individuals the right of access to their own personal information held by the federal government, the right to request correction of inaccurate information, and places obligations on federal institutions to protect personal information and limit its collection, use, and disclosure. The Act establishes 10 privacy principles governing the collection, retention, use, disclosure, and disposal of personal information. The Privacy Commissioner of Canada oversees compliance, investigates complaints, and has order-making powers (since 2019). The Act applies to all federal government departments, agencies, and Crown corporations.

Legal area: Administrative law governs the organization and powers of government institutions and provides mechanisms for accountability and transparency.

Year enacted: 1985

Full text: https://laws-lois.justice.gc.ca/eng/acts/P-21/

Key Provisions

• Section 3: Purpose (protect privacy, right of access, correction)
• Section 4: Collection of personal information (need directly related to program)
• Section 5: Retention and disposal
• Section 7: Use of personal information (limited to original purpose or consistent use)
• Section 8: Disclosure of personal information (limited exceptions)
• Section 12: Right of access to personal information
• Section 14: Personal Information Banks (index of collections)
• Section 29: Privacy Commissioner (complaints, investigations, order-making)

Significance

The Privacy Act is one of Canada’s two main privacy statutes (alongside PIPEDA for the private sector). The Act’s principles-based approach influenced the development of privacy law internationally. The Act was significantly reformed in 2019 to give the Privacy Commissioner order-making powers. The Act is currently under review (Bill C-27, proposing the Consumer Privacy Protection Act), which would replace PIPEDA and modernize federal privacy law. The Act’s exemption for national security disclosures has been the subject of significant litigation and criticism.