Catalog / Processes personal data / LXD-0888

Processes personal data, in Manitoba

Privacy Act, tort of violation of privacysince 4 lines

C.C.S.M. c. P125, ss. 2-5 · Read the law's page

  • Do not substantially, unreasonably and without claim of right violate the privacy of another person; an action can be brought without proof of damage (s. 2).
  • Do not conduct auditory or visual surveillance of a person, their home or other residence, or a vehicle, and do not listen to or record a conversation in which the person participates, or their messages, passing over telephone lines, unless you are a lawful party or have lawful authority (s. 3(a)-(b)).
  • Do not use a person's name, likeness or voice for advertising, promoting the sale of property or services, or any other purpose of gain without authorization where the person is identified or identifiable and you intend to exploit it (s. 3(c)).
  • Do not use a person's letters, diaries or other personal documents without the person's consent or the consent of the person who holds them with that person's consent (s. 3(d)).
Personal Investigations Act, consent, report limits, notice of denial, access and protestsince 7 lines

C.C.S.M. c. P34, ss. 3-12.4 and 19 · Read the law's page

  • If you conduct, or cause to be conducted, an inquiry to obtain factual or investigative information about a person from any source other than that person, with a view to entering into or amending an agreement with that person for credit, insurance, employment or tenancy, do not do so without that person's consent given in accordance with the regulations (ss. 1, 3(1)).
  • Keep a personal report free of the matters section 4 excludes, among them race, religion, ethnic origin and political affiliation unless the subject volunteered it, discharged bankruptcies more than six years old, statute-barred debts, adverse information more than six years old, and investigative information you have not made reasonable efforts to corroborate (s. 4).
  • Do not knowingly divulge the contents of a personal report or personal file to anyone other than a user or its agent who needs it for a decision on the subject's application or another legitimate business purpose, an assignee of the agreement, a government or police officer, or the subject on request (s. 5).
  • If the subject is denied a benefit in whole or in part after a personal investigation, tell the subject in writing within 10 days of the denial about the right to be informed, and within 30 days of a request give the name and address of any personal reporting agency used and the source and detail of the information (ss. 6, 7(1)).
  • If you are a personal reporting agency, disclose to the subject within 24 hours of a demand the source and detail of the factual information and the nature of the investigative information in the report, and tell anyone who asks whether you hold a personal file on them and what it contains, on payment of the prescribed fee (ss. 7(2), 8(1)).
  • When a subject protests information, immediately attempt to verify it and expunge factual or investigative information that cannot be verified, otherwise record the protest, and report what you did to the subject and to anyone given the report in the previous 60 days (s. 11(1)).
  • If you are a personal reporting agency, include a security alert in a subject's file on request, give a 24-hour toll-free number for requests, and pass the alert to everyone to whom you divulge the file; if you are a user who receives an alert, verify the identity of the person before entering into, amending or replacing an agreement for credit (ss. 12.1, 12.4).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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