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Access to records of personal information

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 permitted to charge fees. In …

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- Published on May 9, 2019

Public statement about information practices

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 posters or brochures in …

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- Published on May 9, 2019

Retention, transfer and disposal

Retention, transfer and disposal … 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 personal information in your custody or control are …

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- Published on May 9, 2019

Responding to privacy breaches

Responding to privacy breaches … A privacy breach occurs when personal information is stolen or lost or is collected, used or disclosed without authority. A privacy breach occurs when personal information is stolen or lost or is collected, used or disclosed without authority. In the event of a …

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- Published on May 9, 2019

Safeguarding and managing personal information

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 against theft, loss …

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- Published on May 9, 2019

Considerations for substitute decision-makers

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 want reflected in …

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- Published on May 9, 2019

Substitute decision-makers for capable individuals over the age of 16

Substitute decision-makers for capable individuals over the age of 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 with an …

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- Published on May 9, 2019

Substitute decision-makers for children under the age of 16

Substitute decision-makers for children under the age of 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 consent …

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- Published on May 9, 2019

Substitute decision-makers for incapable individuals

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 decision-maker under the Health …

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- Published on May 9, 2019

Substitute decision-makers

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 that Part X allows …

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- Published on May 9, 2019

Determining an individual is incapable

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 reasonable to do so. 69 The …

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- Published on May 9, 2019

Capacity to consent

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 you have reasonable …

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- Published on May 9, 2019

Conditional consent and withdrawal of consent

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 they restrict or …

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- Published on May 9, 2019

Presumption of consent’s validity

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 can also rely on a …

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- Published on May 9, 2019

Consent may be written or verbal

Consent may be written or verbal … 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 notified the …

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- Published on May 9, 2019

Consent may be implied in some cases

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 individual’s actions and the facts of a particular …

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- Published on May 9, 2019

Elements of consent

Elements of consent … If you require consent to collect, use or disclose personal information, the consent must: 58 be provided by the individual or their substitute decision-maker (the individual cannot provide a valid consent if they are not capable) not be obtained through deception or coercion …

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- Published on May 9, 2019

Consent and capacity

Consent and capacity … As a service provider, you must get consent before collecting, using or disclosing personal information unless the CYFSA authorizes you to do so without consent. In this section, we explain the requirements for getting consent, the meaning of capacity to consent and the rules …

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- Published on May 9, 2019

Accuracy and documentation

Accuracy and documentation … For any disclosure of personal information, you must take reasonable steps to ensure the information is as accurate, complete and as up-to-date as necessary for the purpose of the disclosure. Alternatively, you must inform recipients of any limitations on the accuracy, …

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- Published on May 9, 2019

Disclosure to successors and for planning and managing services

Disclosure to successors and for planning and managing services … There are special rules for disclosing personal information to a successor , such as another service provider that is taking over the delivery of services to your clients. 50 These rules might apply, for example, when two children’s …

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- Published on May 9, 2019