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s.39 SUMMARY OF ORDERS/PRIVACY REPORTS s.29


  • Where a student verbally revealed sensitive personal information to an instructor, which the instructor subsequently recorded for future use, the recording of the personal information was a collection of personal information for which the instructor ought to have given notice at the time. (Privacy Investigation Report #I93-037M)


  • Under S.4(2) of Ontario Regulation 460, only individuals who need a record for the performance of their duties shall have access to it. In this case, the Council (head) had delegated its authority to the coordinator and not the mayor. Accordingly, the mayor did not need to see access requests.(Privacy Investigation Report #I95-091M)


ss.(2)



  • A notice of collection should contain each of the three elements described in the subsection. Discussion of matters other than collection (e.g., anticipated disclosure of the information) should be included in a separate paragraph from the notice. (Privacy Investigation Report #I93-037M, I93-003M, I94-031M)


  • Notice must be provided each time personal information is collected. A notice of collection may notify of specific collections occurring in the future when this can be predicted with certainty. Whenever there is ambiguity regarding the sufficiency of the notice, a new notice of collection should be provided. (Privacy Investigation Report #I95-030P)


  • Receiving consent from a parent to enroll a child in a special education program did not satisfy a Board of Education's obligation to provide the parent with a notice of collection when personal information about the child was collected. (Privacy Investigation Report #I95-110M)

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