Friday, May 21, 2004

Federal Cabinet adds to the list of "investigative bodies" under PIPEDA

On 30 March 2004, the Canadian cabinet passed an order-in-council adding to the list of bodies with "invetigative body" status under PIPEDA.

Organizations that receive this designation are able to take advantage of the consent exceptions contained in Section 7 of PIPEDA that specifically apply to investigative bodies. In particular, Section 7(3)(d) and (h.2) allow certain disclosures of personal information without consent:

(3) For the purpose of clause 4.3 of Schedule 1, and despite that note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is …

(d) Made on the initiative of the organization to an investigative body, a government institution or a part of a government institution and the organization

(i) has reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, or

(ii) suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; …

(h.2) made by an investigative body and the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or … .

The amendments add a number of professional regulators to the list, as well as private investigators.

See the full text at the Canada Gazette web site:

"Vol. 138, No. 8 - April 21, 2004

SOR/2004-60 30 March, 2004


Regulations Amending the Regulations Specifying Investigative Bodies

P.C. 2004-327 30 March, 2004

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(1)(a.01) of the Personal Information Protection and Electronic Documents Act (see footnote a), hereby makes the annexed Regulations Amending the Regulations Specifying Investigative Bodies. "

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