1nd Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95

The House of Commons of Canada

BILL C-315

An Act to complement the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves obtained by certain corporations

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

SHORT TITLE

Short Title

1. This Act may be cited as the Protection of Personal Information Obtained by Certain Corporations Act.

INTERPRETATION

Definitions

2. In this Act,

``corporation' '
« personne morale »

``corporation'' means a corporation that employs one or more employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code.

``personal information''
« renseigneme nt personnel »

``personal information'', in reference to an individual, means the individual's

      (a) name,

      (b) home address or telephone number,

      (c) business address or telephone number,

      (d) race,

      (e) national or ethnic origin,

      (f) colour,

      (g) religion,

      (h) age,

      (i) family status,

      (j) education,

      (k) income, and

      (l) financial transactions in which the individual has engaged.

DUTIES

Notice

3. Before selling to another a list containing personal information concerning an individual derived from records held by a corporation, the corporation shall

    (a) send a notice to the individual containing

      (i) a statement that the individual's name, address or other personal information concerning that individual appears on a list that may be sold to others for business or charitable purposes,

      (ii) a detailed description of the personal information on the list that concerns the individual,

      (iii) a request for the individual's consent to having personal information concerning the individual appear on the list, and

      (iv) a statement that the individual may at any time and upon request have any personal information concerning the individual removed from the list at no cost to the individual;

    (b) ensure that it has received the individual's consent under subparagraph (a)(iii); and

    (c) ensure that it has received no oral or written request from the individual under subparagraph (a)(iv).

Idem

4. A corporation that uses for business or charitable purposes personal information concerning an individual appearing on a list purchased by the corporation shall send a notice to the individual containing

    (a) the source of the list on which appears the personal information concerning the individual;

    (b) a detailed description of the personal information on the list that concerns the individual; and

    (c) a statement that the individual may at any time and upon request have any personal information concerning the individual removed from the list at no cost to the individual.

Request for removal

5. Within ten days of receiving a request for removal of personal information under subparagraph 3(a)(iv) or paragraph 4(c), a corporation shall

    (a) comply with the request; and

    (b) confirm to the individual making the request that the personal information concerning the individual has been removed from the list.

OFFENCE AND PUNISHMENT

Offence and punishment

6. Every one who contravenes this Act is guilty of an offence and liable on summary conviction

    (a) in the case of a first offence, to a fine not exceeding five thousand dollars; and

    (b) in the case of a subsequent offence, to a fine not exceeding ten thousand dollars.

Limitation period

7. Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose.