Acts and Regulations

R-10.6 - Right to Information and Protection of Privacy Act

Full text
Assessment required for other uses and disclosures
47(1)This section applies only to uses and disclosures not otherwise authorized under this Division.
47(2)A public body may only use or disclose personal information with the approval of the head of the public body if the public body
(a) proposes to use or disclose personal information in order to link information databases or match personal information in one information database with information in another,
(b) receives a request for disclosure of personal information for the purposes of legitimate research in the interest of science, learning or public policy, or
(c) receives a request for disclosure on a volume or bulk basis of personal information in a public registry or another collection of personal information.
47(3)If a proposal or request is made under subsection (2) by or to a department or a government body, the head shall refer it to the review committee for its advice.
47(4)If a proposal or request is made under subsection (2) by or to a local public body, the head may refer it to the review committee for its advice.
47(5)The review committee shall assess a proposal or request referred to it under this section and provide advice to the head of the public body about the matters referred to in subsection (6).
47(6)The head of the public body may approve the proposal or request made under subsection (2) only if
(a) any advice from the review committee under subsection (3) has been received and considered,
(b) the head is satisfied that
(i) the purpose of the proposal or request cannot reasonably be accomplished unless the personal information is provided in a form that identifies individuals,
(ii) it is unreasonable or impractical to obtain consent from the individuals the personal information is about, and
(iii) the use or disclosure is not likely to harm the individuals the personal information is about and the benefits to be derived from the use or disclosure are clearly in the public interest,
(c) the head has approved conditions relating to
(i) the use of the personal information,
(ii) the protection of the personal information, including security and confidentiality,
(iii) the removal or destruction of individual identifiers, if appropriate, at the earliest reasonable time,
(iv) any subsequent use or disclosure of the personal information in a form that identifies individuals without the express written authorization of the public body, and
(d) the recipient of the personal information has entered into a written agreement to comply with the approved conditions.
Assessment required for other uses and disclosures
47(1)This section applies only to uses and disclosures not otherwise authorized under this Division.
47(2)A public body may only use or disclose personal information with the approval of the head of the public body if the public body
(a) proposes to use or disclose personal information in order to link information databases or match personal information in one information database with information in another,
(b) receives a request for disclosure of personal information for the purposes of legitimate research in the interest of science, learning or public policy, or
(c) receives a request for disclosure on a volume or bulk basis of personal information in a public registry or another collection of personal information.
47(3)If a proposal or request is made under subsection (2) by or to a department or a government body, the head shall refer it to the review committee for its advice.
47(4)If a proposal or request is made under subsection (2) by or to a local public body, the head may refer it to the review committee for its advice.
47(5)The review committee shall assess a proposal or request referred to it under this section and provide advice to the head of the public body about the matters referred to in subsection (6).
47(6)The head of the public body may approve the proposal or request made under subsection (2) only if
(a) any advice from the review committee under subsection (3) has been received and considered,
(b) the head is satisfied that
(i) the purpose of the proposal or request cannot reasonably be accomplished unless the personal information is provided in a form that identifies individuals,
(ii) it is unreasonable or impractical to obtain consent from the individuals the personal information is about, and
(iii) the use or disclosure is not likely to harm the individuals the personal information is about and the benefits to be derived from the use or disclosure are clearly in the public interest,
(c) the head has approved conditions relating to
(i) the use of the personal information,
(ii) the protection of the personal information, including security and confidentiality,
(iii) the removal or destruction of individual identifiers, if appropriate, at the earliest reasonable time,
(iv) any subsequent use or disclosure of the personal information in a form that identifies individuals without the express written authorization of the public body, and
(d) the recipient of the personal information has entered into a written agreement to comply with the approved conditions.