Effective Date: December 2000
Amended: September 1, 2007
Responsibility: Vice-President, Legal Services, General Counsel and Corporate Secretary
- Privacy Act
- Records and Information Management Policy
The Privacy Act is described as:
An Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves.
The term personal information is defined as information about an identifiable individual that is recorded in any form with some specific exceptions for the purposes of Access to Information Act requests.
Statement of Policy
It is the policy of CBC/Radio-Canada to control the collection, use, and disclosure of personal information in accordance with all requirements set out in the Privacy Act. The Privacy Act does not apply to personal information that CBC/Radio-Canada collects, uses, or discloses only for journalistic, artistic or literary purposes.
The following requirements shall be met by CBC/Radio-Canada unless exempted by the Privacy Act.
Collection of Personal Information
Unless otherwise authorized by the Privacy Act.
- No personal information shall be collected by CBC/Radio-Canada unless it relates directly to an operating program or activity of CBC/Radio-Canada.
- CBC/Radio-Canada shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise.
- CBC/Radio Canada shall inform any individual from whom it collects personal information of the purpose for which the information is being collected.
Retention of Personal Information
Personal information that has been used by CBC/Radio-Canada for an administrative purpose shall be retained for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.
Accuracy of Personal Information
CBC/Radio-Canada shall take all reasonable steps to ensure that personal information that is used for an administrative purpose is as accurate, up-to-date and complete as possible.
Disposition of Personal Information
CBC/Radio-Canada shall dispose of personal information under its control in accordance with the regulations and with any directives or guidelines issued by the designated minister in relation to the disposal of that information and with its corporate retention schedule.
Use and Disclosure of Personal Information
Personal information under the control of CBC/Radio-Canada shall not, without the consent of the individual to whom it relates, be used or disclosed by CBC/Radio-Canada except for the purpose for which the information was obtained or compiled or for a use consistent with that purpose unless otherwise authorized by the Privacy Act. In certain circumstances personal information subject to the Privacy Act may be used, or disclosed without the knowledge or consent of the individual concerned. Such circumstances include, but are not limited to personal information used or disclosed:
- for the purpose for which the information was obtained or compiled by CBC/Radio-Canada or for a use consistent with that purpose;
- for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;
- to an investigative body specified in the regulations for the purpose of enforcing any laws or carrying out a lawful investigation;
- to officers or employees of CBC/Radio-Canada for internal audit purpose;
- to the Library and Archives of Canada for archival purposes;
- to the Library and Archives of Canada for archival purposes;
- where disclosure would clearly benefit the individual to whom the information relates.
Record of Disclosures
CBC/Radio-Canada shall retain a record of any use of personal information contained in a personal information bank or any use or purpose for which that information is disclosed where the use or purpose is not included in the statements of uses in the personal information index published by the designated minister and shall attach the record to the personal information.
Personal Information Banks
CBC/Radio-Canada shall include in personal information banks all personal information under its control that:
- has been used, is being used or is available for use for an administrative purpose; or
- is organized or intended to be retrieved by the name of an individual or by an identifying number, symbol or other particular assigned to an individual.
Access to Personal Information
Upon receipt of a written request, CBC/Radio-Canada shall provide a right of access to personal information subject to the Privacy Act to
- any personal information about the individual requestor contained in a personal information bank; and
- any other personal information about the individual requestor under the control of a CBC/Radio-Canada with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable.
Individuals who are given access to their personal information may
- request correction of the personal information where the individual believes there is an error or omission therein;
- require that a notation be attached to the information reflecting any correction requested but not made; and
- require that any person or body to whom that information has been disclosed for use for an administrative purpose within two years prior to the time a correction is requested or a notation
- be notified of the correction or notation, and
- where the disclosure is to a government institution, the institution make the correction or notation on any copy of the information under its control.
Refusal of Access to Personal Information
CBC/Radio-Canada may refuse access to personal information as provided by the Privacy Act where such information, among other circumstances:
- is subject to solicitor client privilege
- is part of or relates to an investigative record where disclosure could be injurious to the enforcement of a law of Canada or a province or the conduct of investigation.
- Where disclosure threatens the safety of individuals.
All CBC/Radio-Canada employees, who collect, maintain and/or use personal information, are responsible for insuring that the collection, use and disclosure of this information is carried out in accordance with this policy and relevant procedures.
The Corporate Secretariat is the department responsible for supervising compliance with the legislation and for initiating procedures, guidelines and schedules that will be developed to effect this policy.
The Privacy Coordinator is accountable for CBC/Radio-Canada’s policies and practices, with respect to the management of personal information, and is the individual to whom complaints and inquiries can be forwarded.
All questions related to the interpretation and application of this policy should be directed to the Privacy Coordinator.