- 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
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, completeness, or up-to-date character of the information.56
A family you worked with five years ago requests that you forward their records to their new service provider.
Before sending the records, you make a note on the records identifying them as out of date, and specifying when they were last updated.
Service providers should document disclosures of personal information. For example, if you believe a disclosure without consent is reasonably necessary to reduce a risk of serious harm, you should record what information you disclosed, when and to whom, along with the reason for doing so.57
57. Note that s. 306(3) of the CYFSA requires service provider to record disclosures made under the prescribed provisions in the prescribed manner. However, at this time, no such provisions/manners have been prescribed. Also note that recording disclosures is a best practice, given your obligations in the event of a request for a correction, under s. 315(11)(c) of the CYFSA.
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