A A A

Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 220

THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY AMENDMENT ACT (DUTY TO NOTIFY)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F175 amended

1           The Freedom of Information and Protection of Privacy Act is amended by this Act.

2           The following is added after section 41:

Notice if personal information lost, stolen, etc.

41.1(1)     The head of a public body that has custody or control of personal information about an individual must notify the individual, as soon as reasonably practicable and in accordance with any requirements set out in the regulations, if the information is stolen or lost, or disclosed or accessed in an unauthorized manner.

Exception re law enforcement agency investigation

41.1(2)     The requirement to notify an individual under subsection (1) does not apply where

(a) the public body is instructed to refrain from doing so by a law enforcement agency that is investigating the theft, loss, or unauthorized disclosure or accessing of the personal information; or

(b) the public body is satisfied that it is not reasonably possible for the personal information to be used unlawfully.

3           The following is added after clause 87(h):

(h.1) for the purpose of section 41.1, respecting the requirements that must be followed by a public body about notifying an individual when his or her personal information is stolen or lost, or disclosed or accessed in an unauthorized manner;

Coming into force

4           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Freedom of Information and Protection of Privacy Act to require a public body to notify an individual whose personal information is stolen or lost, or disclosed or accessed in an unauthorized manner.