Manner of collection
38(1)Personal information shall be collected by or for a public body directly from the individual the information is about unless
(a)
another method of collection is authorized by that individual or by an Act of the Legislature or an Act of the Parliament of Canada,
(b)
collection of the information directly from the individual could reasonably be expected to cause harm to the individual or to another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in inaccurate information being collected,
(e)
the information may be disclosed to the public body under Division B of this Part,
(f)
the information is collected for inclusion in a public registry,
(g)
the information is collected for law enforcement purposes,
(h)
the information is collected for the purpose of existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(i)
the information is collected for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(j)
the information concerns
(i)
the history, release or supervision of an individual in the custody of or under the control or supervision of a correctional facility, or
(ii)
the security of a correctional facility,
(k)
the information is collected for the purpose of enforcing a support order under the
Support Enforcement Act,
(l)
the information is collected for the purpose of informing the Public Trustee about clients or potential clients,
(m)
the information is collected for the purpose of
(i)
determining the eligibility of an individual to participate in a program of or receive a benefit or service from the Province of New Brunswick or the public body and is collected in the course of processing an application made by or on behalf of the individual the information is about, or
(ii)
verifying the eligibility of an individual who is participating in a program of or receiving a benefit or service from the Province of New Brunswick or the public body,
(n)
the information is collected for the purpose of
(i)
determining the amount of or collecting a fine, debt, tax or payment owing to the Province of New Brunswick or the public body, or an assignee of either of them, or
(o)
the information is collected for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(p)
the information is collected for the purpose of auditing, monitoring or evaluating the activities of the Province of New Brunswick or the public body,
(q)
the information is collected for the purpose of determining suitability for an honour or award, including an honourary degree, scholarship, prize or bursary, or
(r)
the information is collected for some other substantial reason in the public interest, whether or not it is similar in nature to paragraphs (
a) to (
q).
38(2)A public body that collects personal information directly from the individual the information is about shall inform the individual of
(a)
the purpose for which the information is collected,
(b)
the legal authority for the collection, and
(c)
the title, business address and telephone number of an officer or employee of the public body who can answer the individual’s questions about the collection.
38(3)Subsection (2) does not apply to a public body if the public body has recently provided the individual with the information referred to in that subsection about the collection of the same or similar personal information for the same or a related purpose.
2017, c.31, s.38; 2020, c.24, s.20