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What if someone requests access to a record that also includes information about a third party? Must we always remove the other person’s information before releasing the record?

What if someone requests access to a record that also includes information about a third party? Must we always remove the other person’s information before releasing the record? … It depends on whether the record is dedicated primarily to providing services to the person requesting access: If so, …

CYFSA FAQ

- Published on March 6, 2020

How should we confirm someone’s identity before providing them access to their personal information?

How should we confirm someone’s identity before providing them access to their personal information? … You must take reasonable steps to verify a requester’s identity before releasing personal information to them. In some cases, you may already be satisfied that the requester is who they claim to …

CYFSA FAQ

- Published on March 6, 2020

What if someone requests access to a record that was originally created by another organization?

What if someone requests access to a record that was originally created by another organization? … As long as the record is in your custody or under your control, then you are responsible for determining whether to provide access to the record, even if it was created by someone else. It is possible …

CYFSA FAQ

- Published on March 6, 2020

Can parents consent on behalf of their children, and make access requests for their information? Does it matter if they have custody of the child?

Can parents consent on behalf of their children, and make access requests for their information? Does it matter if they have custody of the child? … A parent with custody of a child under age 16 can be the child’s substitute decision-make under Part X. This means they can consent to a collection, …

CYFSA FAQ

- Published on March 6, 2020

Does Part X affect the duty to report suspected child abuse or neglect to a children’s aid society?

Does Part X affect the duty to report suspected child abuse or neglect to a children’s aid society? … Nothing in Part X — or in Ontario’s other privacy laws — stands in the way of the duty to report suspected child abuse or neglect to a children’s aid society. Individuals and service providers can …

CYFSA FAQ

- Published on March 6, 2020

What can we do to prevent “snooping”?

What can we do to prevent “snooping”? … When an employee purposefully views personal information for reasons unrelated to their job duties — such as out of curiosity about a client they know personally — this is sometimes referred to as snooping. Service providers are required to take reasonable …

CYFSA FAQ

- Published on March 6, 2020

Does Part X apply to records created many years ago?

Does Part X apply to records created many years ago? … Yes. Even if an individual’s personal information was recorded many years before Part X came into force in January 2020, they have a right to access their record and you must protect it against privacy breaches. However, Part X does not apply …

CYFSA FAQ

- Published on March 6, 2020

My organization is covered by Ontario’s health privacy law, PHIPA. Does Part X apply to us?

My organization is covered by Ontario’s health privacy law, PHIPA. Does Part X apply to us? … If a service provider is covered by Ontario’s health privacy law, the core requirements of Part X do not apply to their handling of personal health information — PHIPA applies instead. However, Part X may …

CYFSA FAQ

- Published on March 6, 2020

How long must we keep our records?

How long must we keep our records? … As a service provider, you are required to develop a policy setting out what kinds of personal information records you maintain and how long you will keep (retain) them. Part X does not dictate how long you must keep records, but it does require you to consider …

CYFSA FAQ

- Published on March 6, 2020

How can the Office of the Information and Privacy Commissioner help me?

How can the Office of the Information and Privacy Commissioner help me? … Our office makes sure that children’s aid societies, Indigenous child and family well-being agencies, group homes, and other service providers follow the rules they’re supposed to, to protect and provide access to your …

CYFSA FAQ

- Published on March 5, 2020

What happens if I find out my personal information has been lost, stolen, viewed or shared without my permission?

What happens if I find out my personal information has been lost, stolen, viewed or shared without my permission? … Your service provider needs to let you know if information they have about you has been lost, shared, stolen or viewed when it shouldn’t be. They need to write down what happened, …

CYFSA FAQ