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Bill C-330

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-330

An Act to amend the Privacy Act

R.S., c. P-21; R.S., cc. 22, 27, 44, 46 (1st Supp.), cc. 8, 19, 20 (2nd Supp.), cc. 1, 3, 18, 20, 24, 28 (3rd Supp.), cc. 1, 7, 10, 11, 21, 28, 31, 41, 47 (4th Supp.); 1989, cc. 3, 27; 1990, cc. 1, 3, 13; 1991, cc. 3, 6, 16, 38; 1992, cc. 1, 21, 33, 37, 44; 1993, cc. 1, 3, 28, 31, 34; 1994, cc. 26, 31, 35, 38, 41, 43; 1995, cc. 1, 5, 11, 12, 18, 29, 45; 1996, cc. 8, 9, 10, 11, 16; 1997, cc. 6, 9, 20; 1998, cc. 10, 25, 26, 31, 35; 1999, cc. 17, 31

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Paragraph 7(b) of the Privacy Act is replaced by the following:

    (b) for a purpose for which the information may be disclosed to the institution under subsection 8(2) or is required to be disclosed under subsection 8(2.1).

2. Subsection 8(2) of the Act is amended by adding the word ``and'' at the end of paragraph (k) and by replacing paragraphs (l) and (m) by the following:

    (l) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada.

Where personal information shall be disclosed

(2.1) Subject to any other Act of Parliament, the head of a government institution shall disclose personal information under the control of a government institution for any purpose where the head of the institution is advised, in writing, by the Privacy Commissioner, that in the opinion of the Commissioner

    (a) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or

    (b) disclosure would clearly benefit the individual to whom the information relates,

and shall do so forthwith.

3. Subsection 8(5) of the Act is replaced by the following:

Notice of disclosure under subsection (2.1)

(5) Where personal information is to be disclosed by the head of a government institution pursuant to subsection (2.1) , the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates that the information is to be disclosed.