Personal Information Protection and Electronic Documents Act

Marginal note:Confidentiality

• 20 (1) Subject to subsections (2) to (5), 13(3) and 19(1), the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part.

• Marginal note:Public interest

  (2) The Commissioner may make public any information relating to the personal information management practices of an organization if the Commissioner considers that it is in the public interest to do so.

• Marginal note:Disclosure of necessary information

  (3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that in the Commissioner’s opinion is necessary to

  • (a) conduct an investigation or audit under this Part; or

  • (b) establish the grounds for findings and recommendations contained in any report under this Part.

• Marginal note:Disclosure in the course of proceedings

  (4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of

  • (a) a prosecution for an offence under section 28;

  • (b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part;

  • (c) a hearing before the Court under this Part; or

  • (d) an appeal from a decision of the Court.

• Marginal note:Disclosure of offence authorized

  (5) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law of Canada or a province on the part of an officer or employee of an organization if, in the Commissioner’s opinion, there is evidence of an offence.