Canadian Refugee Procedure, Privacy Act

Privacy is the default in the refugee status determination process in Canada. Within the Immigration and Refugee Protection Act, this is provided for by s. 166 of the Act, which stipulates that, subject to exceptions, proceedings before the Refugee Protection Division must be held in the absence of the public. For more detail, see: Canadian Refugee Procedure/Section 166 - Proceedings must be held in the absence of the public. This provision also interacts with the separate federal Privacy Act, as noted below.

Privacy Act

The Privacy Act1] provides Canadians, permanent residents, individuals physically present in Canada, and, as of July 2022,[2] foreign nationals abroad with a right of access to their personal information held by the government. For more information, see: [Canadian Refugee Procedure/The right to an independent decision-maker#Access to information rights under the Privacy Act and Access to Information Act apply to files and recordings made of hearings.

The federal Privacy Act also places limitations on the ability of a government institution to use and disclose personal information under its control without the consent of the individual to whom it relates: Canadian Refugee Procedure/166 - Proceedings must be held in the absence of the public#The federal Privacy Act applies to information submitted to the Board.

References

• ↑ Privacy Act, RSC 1985, c P-21, <https://canlii.ca/t/55583> retrieved on 2021-09-02.
• ↑ Canada Gazette, Part 2, Volume 155, Number 15: Privacy Act Extension Order, No. 3, <https://www.gazette.gc.ca/rp-pr/p2/2021/2021-07-21/html/sor-dors174-eng.html> (Accessed September 2, 2021).

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