Brief

This legislation outlines provisions for protecting personal information in Canada. The main points are:

  1. Compliance with Obligations: Every organization must comply with obligations set out in Schedule 1, which includes recommendations and requirements for handling personal information.
  2. Designation of Individual: Designating an individual under clause 4.1 of Schedule 1 does not relieve the organization of its obligation to comply with Schedule 1's provisions.
  3. Valid Consent: The consent of an individual is only valid if it is reasonable to expect that they would understand the nature, purpose, and consequences of collecting, using, or disclosing their personal information.

Collection Without Knowledge or Consent

An organization may collect personal information without the knowledge or consent of the individual in specific circumstances, such as:

  • When collection is clearly in the interests of the individual and consent cannot be obtained in a timely way.
  • When it's reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or accuracy of the information.
  • When collecting personal information for journalistic, artistic, or literary purposes.

Use Without Knowledge or Consent

An organization may use personal information without the knowledge or consent of the individual in specific circumstances, such as:

  • Investigating a contravention of laws that have been or are being committed.
  • Acting in respect of an emergency threatening life, health, or security.
  • For statistical, scholarly study, or research purposes.

Disclosure Without Knowledge or Consent

An organization may disclose personal information without the knowledge or consent of the individual in specific circumstances, such as:

  • For the purpose of enforcing laws or gathering intelligence for law enforcement.
  • To communicate with next of kin or authorized representatives.
  • On the initiative of the organization to a government institution or part of a government institution.

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