Protection of Privacy

On January 16, 2008 the Protection of Privacy provisions (Part IV) of the ATIPPA were proclaimed into force. These provisions limit the extent and means by which public bodies can collect personal information, as well as the extent to which public bodies can use and disclose that information. Part IV of the ATIPPA also provides individuals with the specific right to request that a public body correct any errors or omissions in their personal information. In addition, Part IV requires public bodies to make every reasonable effort to ensure that personal information is accurate and complete, to make reasonable security arrangements against unauthorized access, collection, use, disclosure or disposal of personal information, and to retain certain personal information about an individual in order to allow that individual a reasonable opportunity to obtain access to the information.

"Personal information" is defined in the ATIPPA as "recorded information about an identifiable individual". It includes, but is not limited to:

Name, address and telephone number;
Race, ethnicity, religious or political beliefs;
Age, sex, sexual orientation, marital status;
Identifying numbers and symbols;
Fingerprints, blood type and inheritable characteristics;
Health care status or history;
Educational, financial, criminal or employment status or history;
Opinions about you;
Your personal views or opinions.

If you believe that your personal information, in the custody or under the control of a public body, has been improperly collected, used or disclosed, is not accurate or complete, has not been adequately protected, or has not been retained for the minimum period, you may file a complaint with this Office.

If your request for correction of your personal information has been refused or has not been handled in accordance with Part IV of the ATIPPA, you may ask the Commissioner to review the decision, act or failure to act of the public body that relates to your request.

If you wish to request a review by the Commissioner or file a complaint you may do so by writing a letter to this Office or by completing our Privacy Complaint Form. Please attach all relevant documentation when forwarding your complaint to us. We will not accept requests for review or complaints by e-mail. If you have any questions or concerns regarding this process please contact our Office and we will assist you.

On completing our investigation, we will provide you and the public body with a report on our findings. With respect to a request for correction of personal information, if you are not satisfied with the Commissioner's findings or with the response of the public body, you may appeal the decision to the Supreme Court Trial Division. In certain circumstances, the Commissioner may appeal a decision of a public body or intervene as a party to an appeal.

There is no cost to file a request for review or complaint with this Office.