personal information is initially the intangible intellectual property of the person who created it.
Part 3 — Protection of Privacy
A public body must ensure that an individual from whom it collects personal information is told
26: A public body may collect personal information only if
(a)the collection of the information is expressly authorized under an Act,
(b)the information is collected for the purposes of law enforcement,
(c)the information relates directly to and is necessary for a program or activity of the public body,
(d)with respect to personal information collected for a prescribed purpose,
(i)the individual the information is about has consented in the prescribed manner to that collection, and
(ii)a reasonable person would consider that collection appropriate in the circumstances,
(e)the information is necessary for the purposes of planning or evaluating a program or activity of a public body,
(f)the information is necessary for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur,
(g)the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event
(i)at which the individual voluntarily appears, and
(ii)that is open to the public, or
(h)the information is personal identity information that is collected by
(i)a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under section 69.2, or
(ii)a public body from a provincial identity information services provider and the collection of the information is necessary to enable
(A)the public body to identify an individual for the purpose of providing a service to the individual, or
(B)the provincial identity information services provider to provide services under section 69.2.
When personal information is not collected
27.1 (1)Personal information that is received by a public body is not collected by the public body for the purposes of this Act if
(a)the information does not relate to a program or activity of the public body, and
(b)the public body takes no action with respect to the information other than to
(i)read all or a part of it and then delete, destroy or return it, or
(ii)read all or a part of it and then transfer it in accordance with subsection (2).
(2)For the purpose of subsection (1) (b) (ii), a public body may transfer personal information to
(a)another public body, or (b)a government institution subject to the Privacy Act (Canada)
Privacy offences
65.4 (1)An individual, other than an individual who is a service provider or an employee or associate of a service provider, who willfully does any of the following commits an offence:
(a)collects personal information except as authorized by Part 3;
(b)uses personal information except as authorized by Part 3;
(c)discloses personal information except as authorized by Part 3;
(d)fails to notify the head of a public body of unauthorized disclosure as required by Part 3.
(2)A service provider or an employee or associate of a service provider who does any of the following commits an offence:
(a)collects personal information except as authorized by Part 3;
(b)uses personal information except as authorized by Part 3;
(c)discloses personal information except as authorized by Part 3;
(d)fails to notify the head of a public body of unauthorized disclosure as required by Part 3;
(e)dismisses, suspends, demotes, disciplines, harasses or otherwise disadvantages an employee, or denies the employee a benefit, because the employee has done, or the employer believes that the employee will do, anything described in section 30.3 (b) to (d).