In addition, safeguards should take into account the measures that may need to be taken to respond to security breaches or data breaches, including notification to the parties concerned. For more information, see tbs` privacy policy for data breaches. The following describes the most frequently cited provisions of Subsection 8(2), which are used by state institutions to transfer personal data to another level of government without the consent of the data subject. The agreement may contain other provisions that are not directly related to data protection issues, but which still need to be processed/taken into account. The following points are for example only. Disposition of Personal Data: The disposal of personal data is governed by subsection 6(3) of the Data Protection Act and the Libraries and Archives of Canada Act. Another issue arising from international ISAs is that there may be potential privacy risks due to counterterrorism laws abroad. This could mean, for example, that a foreign law could circumvent the restrictions or reservations imposed by the disclosing organization regarding the subsequent use or disclosure of personal data. Many foreign countries have antiterrorism laws and security measures that include powers similar to those of the USA PATRIOT Act.
In such cases, a government institution may wish to impose additional conditions on the recipient, e.B. separate the shared data from their other records or notify Canada whenever the information is required to be disclosed under foreign law, if possible. Once personal information has been shared or shared with a country that does not have adequate laws to protect privacy, human rights or civil liberties, it may become difficult, if not impossible, to ensure that the information is handled in a manner consistent with Canada`s constitutional rights and values. Canada should make every effort to minimize the risk that the disclosure of personal information to a foreign government could lead to human rights violations or that personal information from a foreign country could be the result of such abuses. In its February 2007 report entitled “Main Report of the Special Senate Committee on the Anti-terrorism Act,” the Special Senate Committee on the Anti-terrorism Act recommended that the administration establish written ISAs with respect to national security investigations; ensure that Canadian law enforcement and security authorities attach written reservations about the use of the information disclosed; require Canadian authorities to file formal complaints with foreign authorities about the misuse of shared information; and the preparation of annual reports assessing the human rights record of individual countries (Recommendation No. 25). If the personal data is required under federal law, the institution has no discretion – it must disclose it. The Canada Revenue Agency (CRA) and the WSIB signed a Memorandum of Understanding in 2004. This formal agreement allows both organizations to share information to implement or manage their respective programs. Subsection 8(2)(f) – Provinces, Foreign States and International Organizations: This subsection permits the transfer of personal data to provincial and foreign governments and international organizations for the administration or enforcement of laws or to conduct lawful investigations if the transfer is made under an agreement or arrangement. For example, the agreement may also include a clause allowing for the appointment of an arbitrator to resolve disputes.
Additional clauses can be used if the parties want a legally binding agreement that is enforceable in court. In such a case, the institution should consult its legal services. and for what purposes include, but are not limited to, determining the eligibility of individuals to submit sponsorship obligations on behalf of foreign nationals seeking permanent resident status in Canada, determining the admissibility of foreign nationals, verifying the validity of a business and determining the failure of sponsorship, determining the location of individuals who have evaded the examination; Investigation or deportation under the Immigration and Refugee Protection Act and detection of persons who provide false or misleading information or who otherwise contravene the Immigration and Refugee Protection Act and its regulations. Institutions should also make all reasonable efforts to ensure that all disclosed data elements are relevant and as accurate, up-to-date and complete as possible in relation to the lawful purpose for which they are disclosed to the receiving organisation. The nature, scope, quality and reliability of the personal data to be transmitted, as well as the way in which the data is transmitted, must be clearly defined by the parties before the information is disclosed. There are exceptions to the principle of retention. For example, in cases of urgency in the case of a diplomatic or consular mission abroad, the competent official could be authorised to order the destruction of personal data in order to prevent such information from being removed from the control of the institution. Similarly, the disposal of personal data before the expiry of the minimum retention period could be permitted with the written consent of the person to whom the information relates. This may be the case, for example, if it has been determined that the information is incorrect and the most appropriate means of correction is the disposition or if the information is no longer needed. The type of safeguards used to protect personal data from external and internal sources depends on the sensitivity of the information collected. the quantity, distribution and format of the information; the method of storage; and damage or injury resulting from a security breach.
More sensitive information is protected by a higher level of protection. To this end, government institutions should comply with the requirements of the Government Security Directive and, where appropriate, other related standards and directives. Other institutions should refer to their own policies and procedures in the field of internal security. The disclosure of personal data to other organizations triggers the request for a PIA, unless the disclosure is for non-administrative purposes, in which case the institution may follow an internal protocol for the collection, use or disclosure of personal data for non-administrative purposes. Audit processes ensure that the parties to an agreement are complying with the terms of the agreements. While it may be impractical for the Canadian government to conduct audits of another country`s personal data handling practices, it is not unreasonable to require the other country to provide the other country with information about the internal controls in place to protect personal data and/or to conduct privacy and security audits. and provides copies of its audit reports at fixed and regular intervals. Some institutions may even want to request specific audits according to a predetermined schedule. 8.5 If the party providing information that subsequently proves to be incorrect, it shall inform the receiving party in writing, which, subject to its laws, shall take the necessary steps to bring its records into conformity with those of the providing party. Personal data also includes any information that can be remotely linked to an individual, e.B an account number.
a certificate or license number, an Internet Protocol (IP) address, a biometric identifier, a photographic image; and any other number, characteristic or code that could lead to the identification of a person. .