Discover the situations where a request for access to personal information can be legally denied under Canada’s Privacy Act. Learn about exceptions related to law enforcement, foreign agencies, and more.
Table of Contents
Question
In which situation could a request for access to one’s personal information be denied under the Privacy Act?
A. The personal information was collected by the Royal Canadian Mounted Police while performing policing services for a province or municipality.
B. The personal information was obtained in confidence from a foreign state or agency which has consented to the disclosure of the information.
C. The release of the personal information could reasonably be expected to cause injury to a protected species of wildlife.
D. The personal information is more than 20 years old and relates to the detection or suppression of money laundering.
Answer
Under Canada’s Privacy Act, a request for access to one’s personal information could be denied if the personal information was collected by the Royal Canadian Mounted Police (RCMP) while performing policing services for a province or municipality (Option A).
Explanation
The Privacy Act, which governs the collection, use, and disclosure of personal information by federal government institutions, provides several exemptions where access to personal information can be refused. One such exemption is outlined in section 22(1)(b), which states that the head of a government institution may refuse to disclose any personal information “that was obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to the detection, prevention or suppression of crime.”
The RCMP, when performing provincial or municipal policing services under contract, falls under this exemption. This means that personal information collected by the RCMP in the course of such investigations can be withheld from individuals requesting access to their personal information.
Options B, C, and D do not accurately represent situations where access to personal information could be denied under the Privacy Act. While there are other exemptions related to information obtained in confidence from foreign states (section 19(1)(c)) and information that could threaten the conservation of endangered species (section 19(1)(e)), these specific scenarios are not accurately described in the provided options.
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