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- An institution has the discretion to disclose personal information to a law enforcement agency in Canada, without a court order, to aid an investigation (sections 42(1)(g)/32(g) of the acts). This type of disclosure might take place either on request of a law enforcement agency or on the institution’s initiative.
www.ipc.on.ca/sites/default/files/legacy/2018/11/fs-privacy-law-enforcement.pdfDisclosure of Personal Information FACT SHEET to Law Enforcement
People also ask
Are institutions allowed to disclose personal information to law enforcement?
When can an institution disclose personal information?
Can an institution release my personal information to the police?
Can government institutions disclose personal information without consent?
Who makes decisions about disclosure to law enforcement?
Does FIPPA apply to law enforcement records?
Generally, institutions should disclose personal information to a law enforcement agency only when required by law, such as in response to a court order, rather than a simple request, where there is no requirement to disclose.
- Introduction
- Understanding Privacy
- Personal Information
- Business Identity Information
- Common Examples of Personal Information
- Privacy Rules
- Authority to Collect
- Use and Disclosure of Personal Information
- Accuracy
- Retention
One of the primary purposes of the legislation is to protect the privacy of individuals with respect to their personal information in the custody or control of institutions. This chapter introduces the concepts of privacy protection and personal information. The legislation protects privacy by providing rules for institutions to follow for the coll...
The legislation does not define privacy explicitly. The legislation defines personal information and sets out privacy rules regarding the collection, use, disclosure, retention, security, disposal and destruction of personal information that institutions must follow. The legislation protects privacy by: 1. Providing rules as to what and how persona...
FIPPA s. 2 / MFIPPA s.2 The legislation defines personal information as recorded information about an identifiable individual. Personal information does not include information about an individual that has been deceased for more than 30 years. Information will likely qualify as personal information if an individual can reasonably be identified from...
FIPPA s. 2 (3), s. 2 (4) / MFIPPA s. 2 (2.1), s. 2 (2.2). The legislation clarifies what is not personal information in a business context. Business identity information includes the name, title, contact information or designation of an individual that identifies the individual in a business, professional, or official capacity. Business identify in...
A name by itself is not personal information by definition. A name is personal information, where it appears with other personal information relating to an individual or where the disclosure of the name would reveal other personal information about the individual. Information that relates to an individual’s characteristics, background and history a...
In order to deliver services and programs to the public, institutions need to collect, manage, disclose and dispose of personal information. Institutions should ensure that the manner of collection, use, disclosure and disposition of personal information is in compliance with the privacy rules outlined in the legislation. As the privacy rules in th...
FIPPA s. 38 / MFIPPA s.28 An institution can only collect personal information under one of these conditions: 1. The collection of personal information is expressly authorized by a statute; 2. The information collected is used for the purposes of law enforcement; or 3. The collection is necessary for the proper administration of a lawfully authoriz...
FIPPA s. 41, s. 42 / MFIPPA s. 31, s.32 The legislation puts a number of conditions on the use and disclosure of personal information. In general, personal information can only be used or disclosed for the purpose for which it was collected. There are circumstances where the use and disclosure of personal information is permitted for other purposes...
FIPPA s. 40 (2), s. 40 (3) / MFIPPA s. 30 (2), s.30 (3) An institution must take reasonable steps to ensure that personal information records used by the institution are accurate and up to date. However, this standard of accuracy does not apply to personal information if collected for law enforcement purposes in the course of an investigation. For ...
FIPPA s. 40 (1), Reg. 460 (5) / MFIPPA s. 30 (1), Reg. 823 (5) Records retention schedules may be impacted by various legal requirements, business needs, or information management policies. The legislation requires that personal information must be retained for a minimum of one year after its use to ensure that an individual has a reasonable opport...
Sep 8, 2021 · The first part of the Law Enforcement exemption, set out in FIPPA s.14(1) and MFIPPA s.8(1), permits institutions to refuse to disclose any record which could reasonably be expected to cause certain types of harm, such as compromising an ongoing investigation, revealing the identity of a confidential source, or putting at risk the personal ...
Under some circumstances, a government institution may deny access to your personal information. Some examples include: disclosure of the information could harm federal-provincial or international affairs or the defence of Canada; the personal information was obtained or prepared by an investigative body specified in the regulations
Subsection 8(2) of the Privacy Act sets out specific circumstances in which government institutions may disclose personal information without the consent of the individual.
Generally, institutions should disclose your personal information to a law enforcement agency only when required by law, such as in response to a court order. However, they can disclose in other situations, including where the disclosure is to aid an investigation, and for health or safety reasons.
The Privacy Act gives everyone a general right to access their personal information held by government institutions. It also protects that personal information from unauthorized collection, use, retention and disclosure. However, the right of access to one’s personal information has some limits.
