The Privacy Act is the federal information-privacy legislation of Canada that came into effect on July 1, 1983. Administered by the Privacy Commissioner of Canada, the Act sets out rules for how institutions of the Government of Canada collect, use, disclose, retain, and dispose of personal information of individuals. The Act does not apply to political parties, political representatives (i.e., members of Parliament and senators), courts, and private sector organizations. All provinces and territories have their own laws governing their public sectors.

Overview

Some salient provisions of the legislation are as follows:

History

The first privacy law in Canada was enacted in 1977 in part four of the Canadian Human Rights Act by creating the Office of the Privacy Commissioner of Canada, which would be responsible for investigating privacy violation complaints by members of the public and reporting to lawmakers. During the 32nd Parliament in 1983, Bill C-43 was passed. This legislation created the Privacy Act and the Access to Information Act, separate from the Canadian Human Rights Act.

Case law

An individual who has been refused access to personal information may ultimately apply to the Federal Court for a review of the matter, pursuant to section 41 of the Act. The Court may order the head of the government institution to disclose the information to the individual (sections 48 and 49). Decisions of the Federal Court on such matters may be appealed to the Federal Court of Appeal, and, if leave is granted, further appealed to the Supreme Court of Canada (SCC). Some important court decision concerning the Privacy Act are: