An introduction to the Protection of Personal Information Act: NB

Right-to-information

By André Faust

We are living in a world that is data driven, however, some of that data collected includes personal information which can be sold, can be used to monitor behaviour, or be retain for future use good or bad.

As an individual, you should be able to get your personal information from whoever has collected, and in an ideal world that is the way it should be. In reality, that is not how it works.

The right to information and the protection of personal act does not go far enough, currently, it seems to focus more on government and its affiliated agencies.  It doesn’t have too many teeth when it comes to private business when a person is requesting information about themselves.  The only restriction that is placed on business is that they can not arbitrarily give out that information, however, there are circumstances that the law allows them to do so.

Included below is a primary on the protection of  information (2001), that gives  a good overview what information can be collected and what information cannot.  While it is a bit antiquated there are still some concepts at are still useful.

To avoid andy confusion this is not intended as legal advice, It is always best to see a lawyer to get a legal explanation of any legal matters  which you may encounter from time to time.


What is the Protection of Personal Information Act?

The Protection of Personal Information Act is one of the laws of New Brunswick. It sets standards that the provincial government must follow when it handles information about individuals. It is based on a model that was developed by the Canadian Standards Association. That model is becoming widely adopted across Canada.

What information does the Act apply to?

The Act applies to all “personal information.” It defines this as any “information about an identifiable individual, recorded in any form.” This is a broad definition. It includes everything from highly sensitive information (such as some medical records) to information that may be available from non-government sources already (for example, addresses and telephone numbers).

Does the Act apply to every government department?

In the provincial government, yes. It also applies to the regional hospital corporations, to N.B. Power, to the

N.B. Liquor Corporation, to the Workplace Health, Safety and Compensation Commission and to some smaller government agencies. The Act uses the term “public body” to describe the departments and other agencies to which it applies.

The Act does not apply to municipalities or universities, nor to the federal government or the private sector. For information about the federal government or the private sector you should contact the Federal Privacy Commissioner’s office at 1-800-282-1376, or by internet at privcan@fox.nstn.ca

What rules do provincial “public bodies” have to follow?

The major rules are the ten Principles that are printed at the end of this leaflet. The Act calls these a “Statutory Code of Practice.” Other parts of the Act provide some interpretation and explanation of the Principles.

From your point of view as an individual, the most important features of the Principles are probably these:

  • A public body should normally only collect, use or disclose information about you with your consent. (See Principles 3 and 5.) In some situations you may give or refuse your consent expressly. But consent can also sometimes be implied as long as the public body is only doing things that a person would be unlikely to disapprove of and should reasonably expect it to do.

  • When a public body has information about you, you are normally entitled to find out what the information is and what the public body is doing with it. You can also correct the information if it is wrong. (See Principle 9.)

Why only “normally”?

Because there are exceptions. For example, public bodies may sometimes need to collect or disclose information about you to protect the health or safety of others. Or they may withhold information from you if they are investigating an offence they think you may have committed. The exceptions are listed in the Protection of Personal Information Act.

Is this the only law that protects my personal information?

No. There are other laws that apply to particular kinds of personal information (for example, tax records, hospital records, young offender records). The Protection of Personal Information Act does not take away any protection that applies to personal information under another law.

How do I find out about my own personal information?

Start with the public body that is most likely to have the information you want. If they don’t have it, they may be able to tell you who does.

If they can’t, or if you don’t know where to start, call the Provincial Archives in Fredericton at 453-2122 or e-mail them at provarch@gnb.ca. Tell them what information you are trying to find. They will be able to tell you who to ask. They can also provide other general information about the Act.

If I have a complaint, where do I go?

Start with the public body that the complaint relates to. It will investigate your complaint, and you may be able to sort things out directly.

If you can’t, though, and you think the public body is doing something that the Act does not permit, you can complain to the Ombudsman (P.O. Box 6000, Fredericton, N.B. E3B 5H1; tel. 453-2789; fax, 453-5599; e-mail, nbombuds@gnb.ca).

Where can I get a copy of the Act?

The full text of the Act is available free on the internet (http://www.gnb.ca/justice/asrl ste.htm)(This link is no longer valid, use this link instead  Right to Information and Protection of Privacy Act or for a small charge from the Queen’s Printer (P.O. Box 6000, Fredericton, N.B. E3B 5H1; tel. 453-2520; fax, 457-7899; e-mail, Queens.Printer@gnb.ca).

The “Statutory Code of Practice” under the

Protection of Personal Information Act

Principle 1: Accountability

A public body is responsible for personal information under its control. The chief executive officer of a public body, and his or her designates, are accountable for the public body’s compliance with the following principles.

Principle 2: Identifying Purposes

The purposes for which personal information is collected shall be identified by the public body at or before the time the information is collected.

Principle 3: Consent

The consent of the individual is required for the collection, use, or disclosure of personal information, except where inappropriate.

Principle 4: Limiting Collection

The collection of personal information shall be limited to that which is necessary for the purposes identified by the public body. Information shall be collected by fair and lawful means.

Principle 5: Limiting Use, Disclosure and Retention

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required or expressly authorized by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

Principle 6: Accuracy

Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Principle 7: Safeguards

Personal information shall be protected by safeguards appropriate to the sensitivity of the information.

Principle 8: Openness

A public body shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

Principle 9: Individual Access

Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information, except where inappropriate. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Principle 10: Challenging Compliance

An individual shall be able to address a challenge concerning compliance with the above principles to the individual or individuals accountable for the public body’s compliance.


Reference

Protection of Personal Information Act (2001): 1. An Introduction to the Protection of Personal Information Act. GNB, Feb. 2001. Web. 23 Nov. 2016. <http:// archives.gnb.ca/documents/POPI.pdf>.


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13 thoughts on “An introduction to the Protection of Personal Information Act: NB

  1. YO Mr Faust you have admitted knowing Chucky Cry Baby Leblanc back in 2008. Correct?

    So how do you explain Chucky violating my privacy when the RCMP falsely arrested me without a warrant etc on behalf of your ex cop buddy Carl Urquhart and others. When the cops kept me too long in their jail with no charges they conned a mindless shrink to have a bunch of cops tackle me and then have a nasty unionized nurse inject my arse full of drugs and file me in the the looney bin of the DECH. Chucky made certain all his fans knew about immediately while I was still locked up in La La Land.

    The RCMP in Fat Fred City Pt 1

    Go Figure why I hold the Fake Left in Fat Fred City in contempt

    http://qslspolitics.blogspot.ca/2008/06/david-amos-vs-fat-fred-citys-finest.html

    Trust that your friend Chucky and his so called “Wingnuts” Sally Brooks and Evelyn Greene and their old pal Andre Murray wanted to know everything about the shit that went down in the DECH before your Occupy Fat Fred City and Scotty Baby Agnew’s Occupy New Brunswick were underway.

    http://qslspolitics.blogspot.ca/2008/07/feds-institutionalize-determined-nb.html

    Charles LeBlanc’s Other blog
    July 8th, 2008

    I don’t know if this is a joke?

    I did not find it funny Be I crazy or not my privacy was definitely violated bigtime by your buddy Chucky N’esy Pas?

    Who do you think advised Chucky to take his blog down after I caught him his buddies such as TJ Burke and his corrupt cops buddies with their pants on the ground? However your Fake Left union buddies in Fat Fred City still have their blog still about Chucky’s malicious actions to this very day

    • I never heard of you until we had our telephone conversation x number of years ago. In the course of our recent conversation you did tell me about being banned from the legislature.

      The reason for you banning I just learned about by following your link that you supplied to QSLS site.

      Outside of what you tell me about your experience with Charles I know nothing of. Those issues are between you and Charles, and It’s really non of my business, correct.

      However from the information that you are providing me I am getting a better insight into your history.

      Andre Murry I only know of him through his videos, I have never met the person.

      I never really became involve on the social activism scene until occupy.

      During the 80’s and early nineties I was, but as a result of working away from Fredericton kept me from continuing.

      • I have heard of cases where the mental health act has been used to commit (to silence opposition), The bad son of a bitch was the Leftenant’s warrant which could effect have someone committed to Centra Care and Restigouche in indefinitely. On that comes to me is the Bonnar Case, In this case, the person was committed for 17 years. It’s been a long time ago, but I think the committal papers were signed by a Juge. From what I remember he was committed for stealing a purse. It wasn’t, and I don’t remember the group that intervened for his release.

        Both the Mental Health act and the leftenant governer’s warrants have in the past been abused to get rid of people.

        From what I gathered from your video this RCMP made up some facts against you to justify detaining for observation at the Dr Everette. However, you were able to demonstrate to the satisfaction of the psychiatrist’s that there was no issue with you.

        In response from what you say you launched a lawsuit against the crown for unlawful detention, so I have to ask the obvious, what was the outcome of your lawsuit?

        One thing that I have to point out you continuously make references about events, circumstances that I am supposed to know something about which I don’t, the second is that it seems you hold me guilty by association, which is very much like being Judged in the court of public opinion where the court will accept no alternative explanations if it contradicts their opinion.

        Mentioned emails to occupy Fredericton emails, but I wasn’t to one responsible for reading the emails so I would not have been aware of these emails.

        Occupy New Brunswick I wasn’t involved with, Occupy Fredericton, on the other hand was enough for me to handle. As for the other core “Occupier’s” Occupy Fredericton was very time-consuming, One of the core burnt himself out towards the end.

        I forget when I started to receive emails from you, but one thing I can say is that I never flagged them as Junk, but that doesn’t necessarily mean that I read all of them either.

        As earlier mentioned the Issues that you have with Charles and others I know nothing about.

        I have learned of you strictly through our contacts, Like I’ve said until you called me I didn’t know who David Amos was. The order of events, I received your telephone call, I didn’t hear anything else from you then at some point I started to receive emails. As previously said, since I didn’t know the context or the background to each of the emails I could figure out what you were trying to tell me.

  2. Remember this shit. It went down before I called you then things got worse after that N’esy Pas?

    David Raymond AmosOccupy Fredericton
    BTW I ran for a seat in Parliament in Fredericton

    UnlikeLike · · October 22 at 8:30pm ·

    You like this.

    David Raymond Amos RE Me versus Wall Street years ago
    October 22 at 8:32pm · LikeUnlike

    David Raymond Amos Here is some of my old documents
    October 22 at 8:37pm · LikeUnlike

    Occupy New Brunswick Nobody cares David. Should be obvious even to you by now.
    Sunday at 9:41pm · LikeUnlike

    David Raymond Amos Interesting that Scott Agnew formerly of Canada East is your leader and that you alll support his slander of me and delete my responses So much for your notion of democracy and free speech EH?
    Sunday at 11:25pm · LikeUnlike

    Occupy Fredericton This is a leaderless, grassroots movement. “You all” is definitely too inclusive, because I have no idea what slander you’re referring to. – DH
    Yesterday at 1:48am · LikeUnlike

    David Raymond Amos One of your leaders IS Scott Agnew
    Yesterday at 1:51am · LikeUnlike

    David Raymond Amos Furthmore a lot of you in Fredericton ID youralvs to your bloggging Butt buddy Chucky Leblanc You the french dude ho loves to call me a Hells Angel CORRECT?
    Yesterday at 1:55am · LikeUnlike

    Occupy New Brunswick
    Like I said… biggest conspiracy theory lunatic in the province, if not the country . And BTW, I’m leading nobody. I’m one of many facilitating Occupy in NB. And If I have slandered you David, sue me. You threaten to sue people multiple …times a day. Put your money where your mouth is. And BTW, for the record, if its written, as it is on the internet, its libel, not slander. Also, to prove slander or libel, you have to prove what I have said is false. Where have I ever said anything about you that is false David?See More
    17 hours ago · LikeUnlike

    Occupy New Brunswick Keep up the derogatory remarks like butt buddy though. That’ll get you banned from most of the Occupy pages I;m familiar with.
    17 hours ago · LikeUnlike

    David Raymond Amos
    Thanks for admitting that you are Scott Agnew formerly of Canada East aka the evil Irving Empire I know the diderence between slander and libel for instance you ans your OCCUPY pals calling me a pedophile in here is libel As far as slander …goes YOU and YOUR Green Meanie ex wife Alison Menard SAID it in FALSE allegations to the the RCMP BEFRE I was falsely arrested in 2008. NOW that you lost your big job with IRVING you lament in Rogers media about what I DID sue many YANKEES about many years ago. Well Scotty Baby TRUST that I will sue YOU your ex wife , te RCMP and your little dog too The Occupy arsehles in at Fred City should be starting to wonder why I am recording their names fas they introduced themselves within Chucky Leblanc Youtube channel and blogSee More
    3 hours ago · LikeUnlike

    Occupy New Brunswick
    Bahahaha.. David you have been threatening to sue me, the Prime Minster, The RCMP, THe FBI and a dozen other for YEARS now. Your first threat to sue came in 2007. This is 2011. What are ya waiting for “Biker Boi”? Where’s the lawsuit? …I’ve been checking my mail every day for 4 years hoping and praying each day to receive a Notice of Motion from you and I;m disappointed each and every day. Stop teasing me Davey. Sue me please… or shut the F up! you talk a good talk… to bad you can’t actually do what you say.See More
    38 minutes ago · LikeUnlike

    Occupy New Brunswick And BTW, can you show me where I called you a pedophile? You record everything right? So play it back fro me. Where did i call you a pedophile?
    37 minutes ago · LikeUnlike

    David Raymond Amos Occupy New Brunswick David I just followed your suggestion and Googled what you told me to and read online that you are a convicted pedophile. Is that correct? If not, what were you convicted of?
    21 hours ago
    8 minutes agoUnable to post comment. Try Again

    David Raymond Amos Occupy New Brunswick Trust me, you want to ban this guy now. He;s the biggest conspiracy theory lunatic in NB and is WELL acquainted with the RCMP. bad news guys.
    8 minutes agoUnable to post comment. Try Again

    David Raymond Amos David Raymond Amos For the Public record your name is Scott Agnew and your wife/lawyer is/was Alison Menard The top local cop that I have been bitching to about you too is Wayne Lang
    Sunday at 10:26pm
    8 minutes agoUnable to post comment. Try Again

    David Raymond Amos David Raymond Amos FYI all anyone has to do to gt to the bottom of this is Google Scott Agnew Charles Leblanc or better yet Google Scott Agnew David Amos
    Sunday at 10:43pm ·
    8 minutes agoUnable to post comment. Try Again

    David Raymond Amos Occupy New Brunswick Occupy Nova Scotia… meet the biggest conspiracy theorist ever to come out of New Brunswick, Mr David Amos. As a New Brunswicker, I apologize in advance for his lunacy. David is well known to more than oner RCMP detachment us here.
    Sunday at 9:36pm.Kristofor Hughes Yeah, I read through some of his document. Seems like he’s being shot down by every politician and legal professional in the western hemisphere, mostly for lack of substance, relevancy, and credibility…
    8 minutes ago

  3. My records show that this is the first email i sent to Chucky Cry Baby Leblanc and you Occupy dudes as soon as he announced the stet of Occupy Fat Fred City.

    As I told you on the phone later when Chucky first made mention of a dude named Andre in the occupy movement in fat fred City, I thought that guy was his blogging buddy Andre Murray. However one I talked to him I could tell that had no involvement in Occupy.

    Once Chucky showed videos of you and your Occupy buddies I remembered you and the boat in Saint John. I connected the dots and called you then sent you some emails. Hell i even introduced you to the top contact dude in Occupy Wall St..Remember? In return you have played dumb ever since. The obvious question is Why?

    Well at least you and Chucky Cry Baby Leblanc cannot deny that i sent this email to his very nasty blogger buddy whom I call Purple Violent Press, Banksters, the RCMP, The Fat Fred City Finest, the corporate media, you and your Occupy Fat Fred City pals and also to one of your political opponents when you ran for a seat on the City Council the following year N’esy Pas?

    ———- Original message ———-
    From: David Amos
    Date: Fri, 14 Oct 2011 20:36:18 -0300
    Subject: ATTN The New Brunswicker RE Bush’s upcoming visit and Occupy
    Fredericton whereverelse PLEASE EXPLAIN THIS TO CHUCKY LEBLANC’S FAKE
    LEFT COHORTS
    To: occupyfredericton@gmail.com, “oldmaison@yahoo.com”
    , thenewbrunswicker
    , thepurplevioletpress

    Cc: “Wayne.Lang” , “Barry.MacKnight”
    , “david. allgood”
    , “Jacques.Poitras” ,
    acampbell , “mclaughlin.heather”
    , maritime_malaise

    http://charlesotherpersonality.blogspot.com/2011/10/occupy-fredericton-set-for-noon-this.html

    http://charlesotherpersonality.blogspot.com/2011/10/reminder-occupy-fredericton-protest.html

    http://thepurplevioletpressnb.blogspot.com/2011/10/nyc-backs-down-on-clearing-out.html

    • Well I am not sure what questions you are referring to but when I do ask questions is to find out what the issue is was there a wrong committed. I try to keep away from speculation, and most of the time I am successful..

      So far all that I have been able to decipher is that something happened back the around 2008 , where the RCMP detained you took you to the Dr. Everett Chalmers for observation. And at one point you were banned for the legislature.

      Have been paying more attention to your emails.. but they all seem to be making reference to things that happen long ago. It is a challenge to try and connect the dots and come up with something that is coherent.

      Another thing is that I don’t discuss you or our conversations with anyone. Except for when I a responding to your posts.

      If you noticed is that give you the forum to express you thoughts and experiences. The only time something that you post is when my auto spam catcher puts you in the spam box, but once I see it I clear it.

      I think who the auto spam works is keywords, that is why most of your post goes through without a hitch and other fall in spam.

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