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Part X of the CYFSA: How are Access Requests Made?

Part X of the CYFSA: How are Access Requests Made? … While you can choose to respond to verbal or informal requests for access, the request must be in writing for the procedural access rules of Part X to apply. 98 There is no requirement in the CYFSA for individuals to use a certain form or to …

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- Published on May 9, 2019

Part X of the CYFSA: Access Exceptions

Part X of the CYFSA: Access Exceptions … There are a few exceptions to the right of access. Individuals do not have a right to access their record of personal information if: it is subject to a legal privilege restricting its disclosure to the individual another act or a court order prohibits its …

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- Published on May 9, 2019

Part X of the CYFSA: Individual’s Right of Access

Part X of the CYFSA: Individual’s Right of Access … All individuals, regardless of age, have a right to access records of their personal information in your custody or control that relate to providing them with a service. The general right of access in Part X applies to all records of personal …

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- Published on May 9, 2019

Part X of the CYFSA: Access to Records of Personal Information

Part X of the CYFSA: Access to Records of Personal Information … Individuals have a right under Part X to access their records of personal information from service providers, subject to limited exceptions. Service providers must respond to access requests within 30 calendar days and are not …

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- Published on May 9, 2019

Part X of the CYFSA: Public Statement about Information Practices

Part X of the CYFSA: Public Statement about Information Practices … You must make a written statement about your information practices available to the public. You must make a written statement about your information practices available to the public. This could be included on your website or on …

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- Published on May 9, 2019

Part X of the CYFSA: Retention, Transfer and Disposal of Personal Information

Part X of the CYFSA: Retention, Transfer and Disposal of Personal Information … You must have safeguards in place to ensure you are retaining, transferring and disposing of personal information appropriately and securely. 86 Part X requires that you take reasonable steps to ensure records of …

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- Published on May 9, 2019

Part X of the CYFSA: Responding to Privacy Breaches

Part X of the CYFSA: Responding to Privacy Breaches … A privacy breach occurs when personal information is stolen or lost or is collected, used or disclosed without authority. In the event of a privacy breach, you should immediately notify the relevant staff in your organization and then identify …

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- Published on May 9, 2019

Part X of the CYSA: Safeguarding and Managing Personal Information

Part X of the CYSA: Safeguarding and Managing Personal Information … Whether in paper, electronic or any other format, records of personal information must be safeguarded at all times. As a service provider, you must take reasonable steps to protect personal information in your custody or control …

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- Published on May 9, 2019

Part X of the CYFSA: Considerations for Substitute Decision-Makers

Part X of the CYFSA: Considerations for Substitute Decision-Makers … When a substitute decision-maker gives, withholds or withdraws consent or provides an instruction on behalf of an individual, they must consider: the wishes, values and beliefs they know, or believe, the individual holds or would …

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- Published on May 9, 2019

Part X of the CYFSA: Substitute Decision-Makers for Capable Individuals Over 16

Part X of the CYFSA: Substitute Decision-Makers for Capable Individuals Over 16 … Any capable individual, age 16 or older, may choose to authorize another capable individual, age 16 or older, to be their substitute decision-maker for the purposes of Part X. 80 For example, a 17-year-old working …

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- Published on May 9, 2019

Part X of the CYFSA: Substitute Decision-Makers for Children Under 16

Part X of the CYFSA: Substitute Decision-Makers for Children Under 16 … For a child under the age of 16, the custodial parent, children’s aid society or other person authorized to give, withhold or withdraw consent on the parent’s behalf can act as the child’s substitute decision-maker. 78 They can …

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- Published on May 9, 2019

Part X of the CYFSA: Substitute Decision-Makers for Incapable Individuals

Part X of the CYFSA: Substitute Decision-Makers for Incapable Individuals … If an individual of any age is not capable of consenting, the CYFSA sets out who can be their substitute decision-maker for Part X. 72 These persons, ranked in order, are the incapable individual’s: substitute …

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- Published on May 9, 2019

Part X of the CYSA: Substitute Decision-Makers

Part X of the CYSA: Substitute Decision-Makers … Substitute decision-makers can consent on behalf of an individual to the collection, use or disclosure of the individual’s personal information. They can also act on behalf of the individual to make any request, give any instruction, or take any step …

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- Published on May 9, 2019

Part X of the CYFSA: Determining an Individual is Incapable

Part X of the CYFSA: Determining an Individual is Incapable … When you determine that someone is incapable, it affects their right to make some or all decisions about their personal information. You must give the individual information about the consequences of this determination if it is …

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- Published on May 9, 2019

Part X of the CYFSA: Capacity to Consent

Part X of the CYFSA: Capacity to Consent … Individuals must be capable of providing consent for the collection, use or disclosure of personal information. Capable means they are able to: When determining someone’s capacity to consent, you can presume that an individual of any age is capable, unless …

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- Published on May 9, 2019

Part X of the CYFSA: Conditional Consent and Withdrawal of Consent

Part X of the CYFSA: Conditional Consent and Withdrawal of Consent … Individuals may choose to place a condition or limit on their consent. For example, they may consent to have some records of personal information disclosed to a third party, but not others. You must respect these conditions unless …

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- Published on May 9, 2019

Part X of the CYFSA: Presumption of consent’s validity

Part X of the CYFSA: Presumption of consent’s validity … You may presume that a consent is valid and has not been withdrawn, unless it is unreasonable to do so. 62 This applies whether you directly obtain an individual’s consent, or receive a document claiming to be a record of their consent. You …

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- Published on May 9, 2019

Part X of the CYFSA: Written or Verbal Consent

Part X of the CYFSA: Written or Verbal Consent … An explicit consent can be given in writing or verbally. 61 However, you can only rely on a verbal consent if you make a written record of: the name of the individual who gave the consent the information to which the consent relates and how you …

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- Published on May 9, 2019

Part X of the CYFSA: Implied and Explicit Consent

Part X of the CYFSA: Implied and Explicit Consent … Consent may be implied in some cases. When you directly collect personal information to provide a service, an individual’s consent may be implied . 60 Implied consent is consent that is not given explicitly, but which can be inferred based on the …

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- Published on May 9, 2019