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Part of Protection of Privacy Act

Disclosing and using personal information

Allows public bodies to use and disclose personal information under certain circumstances.

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Protection of Privacy Act

Overview

‘Use of personal information’ means utilizing it to accomplish the public body’s purposes. 

‘Disclose’ means to release, transmit, reveal, expose, show, provide copies of, tell the contents of, or intentionally or unintentionally give personal information to someone by any means.

Uses and disclosures

Under the Protection of Privacy Act (POPA), uses or disclosures are considered consistent with the purpose for which the personal information was originally collected or compiled if:

  • the use or disclosure has a reasonable and direct connection to that original purpose
  • the information is necessary for the public body to perform a statutory duty of, or for operating a legally authorized program or service of the public body that uses or discloses the information

The requirements for both points above need to be met to be considered consistent.

  • Authority for use

    Public bodies may use personal information only:

    • for the purpose for which the information was collected, or compiled, or for a consistent purpose
    • with the consent of the individual
    • for a purpose for which the information may be disclosed under select disclosure provisions of POPA

    A public body may use the personal information only to the extent necessary to enable a public body to carry out its purpose in reasonable manner.

  • Authority for disclosure

    POPA permits the disclosure of personal information only in specific circumstances and only to the extent necessary to enable a public body to carry out its purpose in reasonable manner.

    If POPA does not provide authority for disclosure, the public body cannot disclose the information.

    For a complete listing of circumstances when a disclosure of personal information is authorized refer to the Protection of Privacy Act.

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