3. In this Act, "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing,

but for the purposes of sections 7, 8 and 26 and section 19 of the Access to
Information Act, does not include

information about an individual who has been dead for more than
twenty years;

S. 8 (1)Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.

(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed

for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose;
for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;
to the National Archives of Canada for archival purposes;
for any purpose where; in the opinion of the Head of the institution,
1. the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or
Subject to any other Act of Parliament, personal information under the custody or control of the National Archivist of Canada that has been transferred to the National Archivist by a government institution for archival or historical purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes.

THE PRIVACY REGULATIONS

Personal Information Under the Control of the Archives

6. Personal information that has been transferred to the control of the Public Archives by a government institution for archival or historical purposes may be disclosed to
any person or body for research or statistical purposes where

in cases where the information was obtained through the taking of a census or survey, 92 years have elapsed following the census or survey containing the information.

THE ACCESS TO INFORMATION ACT
Purpose of the Act

2. (1)The Purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.

(2) This Act is intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

Personal Information -

19. (1)Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains personal information as defined in Section 3 of the Privacy Act.

(2)The head of a government institution may disclose any record requested under this Act that contains personal information if

the disclosure is in accordance with section 8 of the Privacy Act.

THE STATISTICS ACT

17. (1) Except for the purpose of communicating information in accordance with any conditions of an agreement made under section 11 or 12 and except for the purposes of a prosecution under this Act but subject to this section,

no person, other than a person employed or deemed to be employed under this Act, and sworn under section 6, shall be pern1itted to examine any identifiable individual return made for the purposes of this Act; and
no person who has been sworn under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in such a manner that it is possible to relate the particulars obtained from any individual return to any identifiable individual person, business or organization.

THE NATIONAL ARCHIVES OF CANADA ACT

5.(1) No record under the control of a government institution and no ministerial record, whether or not it is surplus property of a government institution, shall be destroyed or disposed of without the consent of the Archivist.

(2) Subject to subsection ( 5) but notwithstanding anything in any other Act of Parliament, the Archivist shall have access to any record in respect of which the consent referred to in subsection (1) has been requested.

(3) Notwithstanding anything in any other Act of Parliament, any officer or employee of a government institution may grant to the Archivist access to any record in respect of which the consent referred to in subsection (1) has been requested.

( 4) The Archivist and every person acting on behalf or under the direction of the Archivist shall, with respect to access to the records referred to in subsection (2), satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to those records.

(5) For the purposes of this section, the Archivist shall have access to (b) a record of a government institution that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II to the Access to Information Act, only with the consent of the head, within the meaning of the Act, of that government institution.

6. (1) The records of government institutions and ministerial records that, in the opinion of the Archivist, are of historic or archival importance shall be transferred to the care and control of the Archivist in accordance with such schedules or other agreements for the transfer of records as may be agreed between the Archivist and the government institution or persons responsible for the records.

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Part Two

Observations reçues par le Groupe d'étude

Mise à jour: 2001-08-15

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