- Download the Part X guide
- Terms used in this guide
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
Consent and capacity
- Elements of consent
- Consent may be implied in some cases
- Consent may be written or verbal
- Presumption of consent’s validity
- Conditional consent and withdrawal of consent
- Capacity to consent
- Substitute decision-makers
- Safeguarding and managing personal information
Access to records of personal information
- Individual’s right of access
- Access exceptions
- Is the record dedicated primarily to the provision of service to the individual?
- How are access requests made?
- Service provider’s response to access requests
- Substitute decision-makers can request access
- Correction of records
- Offences and immunity
- The role of the Information and Privacy Commissioner
Collection of personal information
While Part X does not define what it means to “collect” personal information, collecting information is generally understood to mean gathering or obtaining it from any source and in any manner (including verbally or in written or electronic format).
For example, when you conduct an intake interview, receive a report from a concerned teacher about a child who may be in need of protection, or ask a parent to fill out a needs assessment form, you are collecting personal information.
Collection of personal information can be either direct or indirect.
A collection is direct when the information comes from the person to whom the information relates (or their substitute decision-maker25). For example, during an intake interview between a worker and a youth, the worker is directlycollecting the youth’s personal information.
A collection is indirect when the information comes from a third party, and not from the individual or their substitute decision-maker. For example, if a teacher phones a children’s aid society about a child who may be in need of protection, the society would indirectly collect the child’s personal information from the teacher.