Archived - Privacy and Data Protection Guidelines - Delegation of Authority

List of policies and publications regarding privacy and data protection.
Date modified: 1993-12-01

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List of responsibilities of the head of the institution under the Privacy Act, all of which may be delegated pursuant to section 73.

Section Action
8(2)(j) disclose personal information for research purposes
8(2)(m) disclose personal information in the public interest or in the interest of the individual
8(4) retain copy of 8(2)(e) requests and disclosed records
8(5) notify Privacy Commissioner of 8(2)(m) disclosures
9(1) retain record of use
9(4) notify Privacy Commissioner of consistent use and amend index
10 include personal information in personal information banks
14 respond to request for access within 30 days; give access or give notice
15 extend time limit for responding to request for access
17(2)(b) decide whether to translate requested information
18(2) may refuse to disclose information contained in an exempt bank
19(1) shall refuse to disclose information obtained in confidence from another government
19(2) may disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public
20 may refuse to disclose information injurious to the conduct of federal-provincial affairs
21 may refuse to disclose information injurious to international affairs or defence
22 may refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions
23 may refuse to disclose information prepared by an investigative body for security clearances
24 may refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while individual was under sentence if conditions in section are met
25 may refuse to disclose information which could threaten the safety of individuals
26 may refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under Section 8
27 may refuse to disclose information subject to solicitor-client privilege
28 may refuse to disclose information relating to the individual's physical or mental health where disclosure is contrary to the best interests of the individual
31 receive notice of investigation by the Privacy Commissioner
33(2) right to make representations to the Privacy Commissioner during an investigation
35(1) receive Privacy Commissioner's report of findings of the investigation and give notice of action taken
35(4) give complainant access to information after 35(1)(b) notice
36(3) receive Privacy Commissioner's report of findings of investigation of exempt bank
37(3) receive report of Privacy Commissioner's findings after compliance investigation
51(2)(b) request that Section 51 hearing be held in the National Capital Region
51(3) request and be given right to make representations in Section 51 hearings
72(1) prepare annual report to Parliament
77 responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above

Note: under the Privacy Regulations this would include sections 9, 11(2) and (4), 13(1) and 14. The responsibilities under these regulations may be delegated to different positions within the institution, if so desired, by listing the specific sections.

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