CAN DP Sharing Personal Info

On Aug. 12, CAN DP guidance on public sector privacy protection.

  • Released fact sheet to educate on public sector responsibilities to protect personal information (PI), and when government allowed to share PI with law enforcement.
  • Government Disclosure
  • Government agencies are required to share PI in accordance with warrant, court order.
  • Agencies may share PI with police without warrant or court order in certain situations.
  • Such situations include when needed to aid investigation or for health, safety reasons.
  • Agency must carefully assess the circumstances before deciding whether to disclose.
  • They must protect PI, and to follow rules when collecting, using, and disclosing it.
  • Aid Investigation
  • Request must be for specific information and be related to a specific investigation.
  • Agency must determine if disclosure may intrude on reasonable expectation of privacy.
  • It should consider: nature of investigation; relevance of PI to investigation; sensitivity of PI; number of individuals the information relates to; timeframe; number of events.
  • If agency determines disclosing would intrude on a reasonable expectation of privacy, then it should only disclose with court order, with exception of urgent circumstances.
  • In urgent case, agency should ask why it was not possible to get a court order.
  • Urgent circumstances may be kidnapping, violent escapee, missing vulnerable person.
  • Health or Safety
  • Agency must be satisfied that compelling concerns exist with someone’s health or safety, after considering severity, and likelihood and how soon harm might occur.
  • Criminal Offense
  • May share PI with law enforcement on agency’s own initiative if it reasonably believes that an offense has occurred, but should only disclose pertinent information.
  • For example, sharing surveillance video of crime, but not all the footage from that day.
  • Notice Requirements
  • Agencies must make reasonable efforts to notify person in writing if PI disclosed for health or safety reasons; in case of an investigation, it may notify if not compromise.

Regulators CAN DP
Entity Types B/D; Corp; IA
Reference Gd, 8/12/2019
Functions AML; Compliance; Financial; Legal; Operations; Privacy; Reporting; Risk
Countries Canada
Products Corporate; Equity; Fund Mgt; Securities
Regions Am
Rule Type Guidance
Rule Date 8/12/2019
Effective Date 8/12/2019
Rule Id 63836
Linked to N/A
Report Issue 8/15/2019
Report Section International

Last substantive update on 08/13/2019