Archived - Privacy and Data Protection Guidelines - Model Letters
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General
This chapter provides model letters for use in notifying requesters of actions taken under the Privacy Act. Institutions are not required to use the exact content or structure of these letters, however care should be taken to ensure that all of the necessary components are present.
Appendix A - Notification of incomplete request
Date
Applicant's name and address
Reference Number:
Dear________________:
In order to process your request for access to personal information which was received on ______ (date), we require the following additional information:
List the missing information,
being as specific as possible
If you feel that you have already provided enough information to allow us to process your request, you may complain to the Privacy Commissioner concerning this matter. Complaints should be addressed to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _______________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix B - Notification of complete exclusion
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on __________ (date).
The information you requested cannot be disclosed to you as it is specifically excluded from access under the Privacy Act by:
section 69(1)(a) of the Act, which states...
or
section 69(1)(b) of the Act, which states...
or
section 70(1) of the Act, which states...
If you believe that information you have requested is being improperly withheld from you, you may complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix C - Notification of complete exemption
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on ____________________ (date).
The information you requested is being withheld on the basis of section, paragraph, etc. of the Privacy Act, which states:
quote Act
If you believe that information you have requested is being improperly withheld from you, you may complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix D - Notification of partial exclusion/exemption
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on __________ (date). Enclosed is the information we are releasing to you in response to your request.
(Exclusion) The following documents (portions of documents) you requested cannot be released to you as they are specifically excluded from access under the Privacy Act by cite paragraph which states that quote Act: list documents or portions.
(Exemptions) The following documents (portions of documents) you requested are being withheld in accordance with the noted provisions of the Privacy Act:
list of documents; relevant provision (section,
page numbers, etc. paragraph, etc.) of Act
Quote exemption provisions used.
If you believe that there is an error or omission in any of the personal information you have received, you may request a correction by completing and returning the enclosed Record Correction Request Form to this office.
If you believe that information is being improperly withheld from you, you may complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix E - Notification of granting access
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on ________________ (date).
We will be calling you within the next seven days to make arrangements for you to examine the original documents. (If exclusion) The following documents (or portions of documents) you requested cannot be released to you as they are specifically excluded from access under the Privacy Act by cite paragraph which states that quote Act : list documents or portions.
(If exemptions) The following documents (or portions of documents) you requested are being withheld in accordance with the noted provisions of the Privacy Act:
list of documents; relevant provision (section,
page numbers, etc. paragraph, etc.) of Act
Quote exemption provisions used.
Once you have examined the (remaining) documents, if you believe that information is being improperly withheld from you, you may complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you believe that there is an error or omission in any of the personal information you examine, you may request a correction by completing and returning the enclosed Record Correction Request Form. If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix F - Notification of time extension
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on ______________ (date).
An extension of up to _____ days beyond the 30 day statutory time limit will be required to respond to your request. This extension is being applied in accordance with cite 15(a)(i), 15(a)(ii) or 15(b) which states that:
quote Act.
If you believe that this extension has been improperly applied, you may complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at _____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix G - Notification of refusal to acknowledge existence of information
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for personal information under the Privacy Act was received by our department on _______________ (date).
Pursuant to subsection 16(2) of the Act we will neither confirm nor deny the existence of the information you are seeking. If such information did exist, it would be exempted from access under (section, paragraph, etc.) of the Privacy Act, which states:
quote Act
If you believe that information you have requested is being improperly withheld from you or that subsection 16(2) has been improperly applied, you are entitled to complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at ____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix H - Notification of acceptance of correction
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for a correction of your personal information under the Privacy Act was received by our department on __________ (date) and your record has been corrected. A copy of the corrected record is attached to this notice.
If the incorrect information was disclosed to any other person or body, add:
This information was disclosed to the following institutions within the last two years, therefore, pursuant to paragraph 12(2)(c) of the Act, they have been notified of this correction:
list institutions
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at ____________ (phone number).
If you believe that the correction to your information was not processed properly, you are entitled to complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.
Appendix I - Notification of refusal of correction
Applicant's name and address Date
Reference Number:
Dear _______________:
Your request for a correction of your personal information under the Privacy Act, which was received by our department on __________ (date), has been refused because (explain reasons).
Although your request for a correction has not been accepted, the correction you requested has been added to your record as a notation.
If the information was disclosed to any other person or body, add:
This information was disclosed to the following institutions within the last two years, so pursuant to paragraph 12(2)(c) of the Act, they have been notified of this request for correction:
list institutions
If you believe that the correction you requested was improperly denied, you are entitled to complain to the Privacy Commissioner by writing to:
Privacy Commissioner
3rd Floor
112 Kent St.
Ottawa, Ontario
K1A 1H3
If you have any questions concerning your request or the Privacy Act, you can either write to this office or call us at ____________ (phone number).
Yours sincerely,
Privacy Co-ordinator
Ensure the departmental address is clear and complete somewhere in the letter.