Section 32 stipulates the limited conditions under which public bodies may use personal information that is in their custody or under their control.
Section 32 of the Freedom of Information and Protection of Privacy Act
A public body must ensure that personal information in its custody or under its control is used only
Section 32 must be read in concert with section 26, which establishes the purposes for which information can be collected by a public body.
Section 32 requires public bodies to use personal information only for the purpose for which it was originally collected, unless:
Consent for an additional or different use should be requested at the time of collection, if that additional or different use has been anticipated prior to collection. Consent may, however, be requested later, if the new use is not proposed until later.
A public body compiles a mailing list containing personal information for one of its operating programs. It then begins a new program and plans to use the same mailing list for this program. If the programs are unrelated this use of the personal information is not consistent with the use for which the public body originally collected it, and the public body gets consent from each individual before including her or his personal information in a mailing list for the second operating program.
The classes of persons who may provide consent for minors, incompetents, deceased persons, or other individuals in giving or withholding consent are prescribed in section 3 of the Freedom of Information and Protection of Privacy Regulation.
When public bodies are seeking consent for a new use of personal information, the consent must meet the requirements established in section 11 of the Regulations to the Act. According to Regulation 155/2012, paragraph 11, consent must be in writing and must specify to whom the personal information may be disclosed and how it may be used.
The individual should be provided with an Informed Consent Form that provides the necessary information for the individual to make an informed decision.
The public body should consider any relevant documentation it may possess when determining whether the purpose for disclosure of personal information meets the requirements of sections 33 to 36.
The public body is to document, as fully as possible, all decisions to invoke section 32 in order to use previously collected personal information for a new purpose. This should be done even in instances where the public body believes that the new use is consistent with the purpose for which the personal information was originally collected.
The Privacy Impact Assessment Process may assist a public body that is reviewing the use of personal information.
"Use"
"Purpose"
Paragraph 32(a) allows a public body to use personal information for:
A public body can disclose personal information provided there is authority to do so under sections 33 to 36. However, a public body collecting personal information under these circumstances must have authority under section 26 to collect the information.
That purpose must conform to section 26 which restricts the purposes of collection to the following:
Thus, a public body may make use of the personal information it has gathered, only for the reasons for which it has gathered, created or manipulated it.
"Obtained"
"Compiled"
A "consistent use" is defined in section 34 (Definition of consistent purposes) of the Act as a use that is directly related to the original use and that is necessary to performing the statutory duties or operating a legally authorized program of the public body.
Has consented, in the prescribed manner
The person must agree to the new use in accordance with the requirements set out in section 11 of the Regulation.
See also Policy #2 of this section.
The absence of consent is interpreted as the absence of authorization. Where the person concerned has not consented to a new use of personal information public bodies cannot assume consent to the new use.
Where public body "A" has received personal information from public body "B" under section 33 to 36, public body "A" may use that information for the purpose for which it was disclosed by public body "B".
Without this provision, a public body would be unable to use personal information which other public bodies are authorized to disclose to them.
A public body can disclose personal information provided there is authority to do so under sections 33 to 36. However, a public body collecting personal information under these circumstances must have authority under section 26 to collect the information.
Sections 33 to 36 authorize disclosure of personal information for specific purposes. If a public body receives personal information under those sections or subsections, then it may use that personal information only for those specific purposes. For further information, see the following sections:
For orders organized by the Act's section numbers, Click here.
For a summary of Commissioner's orders and policy interpretation of key points, Click here.
Last updated: July 20, 2007