- 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
Disclosure of personal information
In the course of providing services, you may sometimes need to disclose personal information. There is no definition of “disclose” in Part X. Generally, it means releasing or making the information available to another person or organization.
Note that sharing information with an officer, employee, consultant or agent of your own service provider is considered a use, and not a disclosure when it is for the purpose for which the information was collected, or for one of the other purposes set out in the “use” section of the legislation.43
When you are disclosing personal information, you need consent, unless Part X permits the disclosure without consent.