Personal Information Protection and Electronic Documents Act

Marginal note:Confidentiality

• 20 (1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, 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 other than those referred to in subsection 10.1(1) or 10.3(2).

• Marginal note:Confidentiality — reports and records

  (1.1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2).

• Marginal note:Public interest

  (2) The Commissioner may, if the Commissioner considers that it is in the public interest to do so, make public any information that comes to his or her knowledge in the performance or exercise of any of his or her duties or powers under this Part.

• 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;

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

  • (e) a judicial review in relation to the performance or exercise of any of the Commissioner’s duties or powers under this Part.

• 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.

• Marginal note:Disclosure of breach of security safeguards

  (6) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose to a government institution or a part of a government institution, any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2) if the Commissioner has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada or a province that has been, is being or is about to be committed.

• Marginal note:Disclosure

  (7) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act.