Personal Information Protection and Electronic Documents Act — P-8.6 7
Collection without knowledge or consent 7 (1) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may collect personal information without the knowledge or consent of the individual only if (a) the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way; (b) it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; (b.01) it was disclosed under paragraph (3)(d.21); (b.1) it is contained in a witness statement and the collection is necessary to assess, process or settle an insurance claim; (b.2) it was produced by the individual in the course of their employment, business or profession and the collection is consistent with the purposes for which the information was produced; (c) the collection is solely for journalistic, artistic or literary purposes; (d) the information is publicly available and is specified by the regulations; or (e) the collection is made for the purpose of making a disclosure (i) under subparagraph (3)(c.1)(i) or (d)(ii), or (ii) that is required by law. Use without knowledge or consent (2) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may, without the knowledge or consent of the individual, use personal information only if (a) in the course of its activities, the organization becomes aware of information that it has reasonable grounds to believe could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, and the information is used for the purpose of investigating that contravention; (b) it is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; (b.1) the information is contained in a witness statement and the use is necessary to assess, process or settle an insurance claim; (b.2) the information was produced by the individual in the course of their employment, business or profession and the use is consistent with the purposes for which the information was produced; (c) it is used for statistical, or scholarly study or research, purposes that cannot be achieved without using the information, the information is used in a manner that will ensure its confidentiality, it is impracticable to obtain consent and the organization informs the Commissioner of the use before the information is used; (c.1) it is publicly available and is specified by the regulations; or (d) it was collected under paragraph (1)(a), (b), (b.01) or (e). Disclosure without knowledge or consent (3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is (a) made to, in the Province of Quebec, an advocate or notary or, in any other province, a barrister or solicitor who is representing the organization; (b) for the purpose of collecting a debt owed by the individual to the organization; (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records; (c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that (i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs, (ii) the disclosure is requested for the purpo