49.4 (1) Subject to the restrictions in section 49.5, a member of a multi-sector data integration unit may indirectly collect personal information if the following conditions are met: 1. The personal information is being collected for the purpose set out in section 49.2. 2. In the case of an inter-ministerial data integration unit, the personal information is to be collected from, i. an institution, including another inter-ministerial data integration unit or a ministry data integration unit, or an institution within the meaning of the Municipal Freedom of Information and Protection of Privacy Act, ii. an extra-ministerial data integration unit, or iii. a person or entity prescribed by the regulations. 2.1 In the case of an extra-ministerial data integration unit, the personal information is to be collected from, i. an institution, including a ministry data integration unit or an inter-ministerial data integration unit, or an institution within the meaning of the Municipal Freedom of Information and Protection of Privacy Act; ii. if the extra-ministerial data integration unit, or the person or entity in which it is located, is also a prescribed entity mentioned in subsection 45 (1) of the Personal Health Information Protection Act, 2004, an officer, employee or agent who is responsible for personal health information collected under that subsection, iii. another extra-ministerial data integration unit, or iv. a person or entity prescribed by the regulations, but only if the regulations authorize a member to collect the type of personal information. 3. A notice has been published on a website that relates to the personal information and that meets the requirements of section 49.10. 4. The minister of the ministry in which the inter-ministerial data integration unit is located or the senior officer of the extra-ministerial data integration unit, as the case may be, or a person designated by the minister or the senior officer, has determined, after considering the privacy interests of individuals and the manner in which their personal information will be protected, that there is a public interest in collecting the personal information. 5. A member of the multi-sector data integration unit has made a determination as to whether to link the personal information after it is collected to other personal information collected by the unit under this Part and, if so, the personal information with which it will be linked. 2019, c. 7, Sched. 31, s. 6; 2020, c. 5, Sched. 2, s. 4 (1-4). Collection of personal information, ministry data integration unit (2) Subject to the restrictions in section 49.5,
a member of a ministry data integration unit may indirectly collect personal information if the following conditions are met: 1. The personal information is being collected for the purpose set out in section 49.2. 2. The personal information is to be collected from, i. an officer, employee or agent of the ministry in which the unit is located who is not a member of the unit, ii. a person or entity that receives funding from the ministry or that administers a program or service on behalf of or in partnership with the ministry, but only if the personal information relates to the funding or to the program or service provided on behalf of or in partnership with the ministry, as the case may be, or iii. a person or entity prescribed by the regulations, but only if the regulations authorize a member to collect the type of personal information to be collected. 3. A notice has been published on a website that relates to the personal information and that meets the requirements of section 49.10. 4. The minister of the ministry in which the ministry data integration unit is located, or a person designated by the minister, has determined, after considering the privacy interests of individuals and the manner in which their personal information will be protected, that there is a public interest in collecting the personal information. 5. A member of the ministry data integration unit has made a determination as to whether to link the personal information after it is collected to other personal information collected by the unit under this Part and, if so, the personal information with which it will be linked. 2019, c. 7, Sched. 31, s. 6. Additional requirements (3) The member shall comply with any additional requirements set out in the data standards when collecting personal information under this section. 2019, c. 7, Sched. 31, s. 6. Disclosure to unit (4) An institution or a person or entity referred to in paragraph 2 or 2.1 of subsection (1) or paragraph 2 of subsection (2), as the case may be, is authorized to disclose the personal information to the member and shall, (a) take reasonable steps to ensure that the personal information provided is accurate, complete and up-to-date before disclosing the information to the member; and (b) notify the member of any concerns respecting the accuracy or completeness of the information or how up-to-date it is. 2019, c. 7, Sched. 31, s. 6; 2020, c. 5, Sched. 2, s. 4 (5). Conflict (5) Personal information may be collected and disclosed as provided for in this section despite a confidentiality provision in any other Act and despite subsection 67 (2), unless the regulations provide that a confidentiality provision in another Act prevails over this section. 2019, c. 7, Sched. 31, s. 6. Same (5.1) If an extra-ministerial data integration unit, or the person or entity in which the unit is located, is also a prescribed entity mentioned in subsection 45 (1) of the Personal Health Information Protection Act, 2004, despite subsection 45 (6) of that Act, an officer, employee or agent of the prescribed entity who is responsible for personal health information under subsection 45 (1) of that Act may disclose personal health information under subsection (1) of this section. 2020, c. 5, Sched. 2, s. 4 (6). Collection of excluded information (6) Despite subsections 65 (1), (5.2), (6) and (8), the regulations may authorize the collection of personal information under this Part that is excluded from the application of this Act under those subsections. 2019, c. 7, Sched. 31, s. 6. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 31, s. 6 - 04/11/2019 2020, c. 5, Sched. 2, s. 4 (1-6) - 25/03/2020