Section 36.1 - Data-Linking Programs
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Section 36.1 sets out requirements for data-linking programs.
Section 36.1 of the Freedom of Information and Protection of Privacy Act:
36.1 (1) This section does not apply to a data-linking program that is part of research for the purpose of which personal information may be disclosed under section 33 (3) (h).
(2) A public body conducting a data-linking program must comply with the regulations, if any, made for the purposes of this section.
“data-linking” and “data-linking program” are specific terms defined in Schedule 1 of FOIPPA. In general, it describes situations in which multiple distinct data sets are used in conjunction with each other.
Section 36.1 requires public bodies to comply with any data-linking regulations issued by the Lieutenant Governor in Council (Cabinet). No such regulations exist at the present time. Updates to this manual will be made when data-linking regulations are made. Data-linking for research purposes would not be subject to any future regulations.
The Office of the Information and Privacy Commissioner maintains a Sectional Index of Commissioner’s orders organized by the Act’s section numbers.
The information in this manual is not intended to be and should not take the place of legal advice.
Last updated: February, 2023.