Bill 250 — The Computer Act (Legislature 18, Session 4)

L18 S4 4430

Alberta — Bills

1975'-fHLL 250 Fourth Se$sion, 18th ~gislatufe ... o27 Elizabeth II THE LEGISLATIVE ASSEMBL!tOOF ALBERTA BILL 250 THE COMPUTER ACT MR. TAYLOR First Reading Second Reading __________________________ ~ _____________ _ Committee of the Whole _________________ -'-__ '-_____________ _ Third Reading __________________________________________ _ Royal Assent _________________________________________ _ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 250 Mr. Taylor BILL 250 1978 THE COMPUTER ACT (Assented to , 1978) HER 'MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: ~. In this Act (a) "consumer reference bureau" means a bureau licensed by the Minister pursuant to

section 10; (b) "destroy" means erase, burn, shred or 'Otherwise render permanently unreadable; ( c) "owner of information" means any person who supplies information to a computer data processing company for storage in or processing by 'a computer at a direct cost to that person; ( d) "record" means any information relating to an individual produced to be fed into a oomputer, stored in a com puter Dr which is produoed by a computer. 2.

No information stored in a computer shall be released by the person who owns or operates theoomputer or who has access to the information stored therein withDut the written consent 'Of the person to whom the information pertains, except where such release is (

a) to the owner of the information by the 'Owner or operator of the computer, (

b) to lany person to whom the information relates, (

c) tD a <collection agency involved in collecting a debt of which the information is evidence, (

d) to a law 'enforcement agency Dr officer, ( e )to a credit bureau, (

f) to a ,consumer reference bureau, (

g) to a ,court of law by a law enforcement agency or of ficer, or (

h) to a consumer by a consumer referenc'e bureau, where the inform:ation relates toa business.

Explanatory Notes General: The purpose of this Bill is to ensure individuals a degree of privacy in regard to information which deals with their personal affairs and to guarantee the right to examine, revise, or correct such information. I.

Definitions. 2. Written consent before release of computerized information; exceptions.

.3. Every person who is the oWner Or operator of a computer or the owner 'Of information stored in a 'computer shall upon written request by registered mail from an individual, send by mail a oopy of every record pertaining to ,the individual in the pers'On'sc'Ontrol at a reasonable cost and within 21 days of receipt of the request. 4.

(1) Every individual who re'ceives a record whether pur suant to

section 3 or otherwise which relates to him may send by registered mail to the owner or operator of the computer in which the record is or wasst'Ored or by which the record was produced, a written request that the owner 'Or 'Operator advise him of the source or sources of the information in the record.

(2) Every person who receives a request pursuant t'O sub section (1) shall send the information requested within 30 days of receipt of the request. ( 3) Every individual who receives a record whether pursuant to

section 3 or otherwise which relates to him and which he believes to be incorrect may send, by registered mail, to the owner or 'Operator of the computer in which the record is 'Or was stored or by which the record was produced or to the source of the information identified pursuant to subsection (2), a written demand that the information in the record that is incorrect be corrected. ( 4) Every pers'On who receives a demand from an individual pursuant to subsection (3) shall, within 30 days of receipt either (

a) send the individual the evidence 'On which he relied in generating that part of the record alleged to be incorrect if such evidence indicates clearly ,that the record is correct, or (b) ,correct the record as demanded, destroy that part of the record that was incorrect and send the individual a copy of the corrected record. 5. ( 1) Where an individual who has sent a demand pursuant t,9 seotion 4 ( 3) and the person to whom the demand was sent does not ,comply with

section 4 ( 4 ) (b), the individual may com mence an action by notice of motion in the District C'Ourt f'Or an order that the person correct the record in aocordance with the demand.

(2) Upon hearing an application pursuant to subsection (1) the Court may order the record c'Orrected or destroyed, and a correction and apology to be sent t'O any person to whom the record has been released, refuse theapplicati'On or make such other order as it deems appropriate. '6. The owner or operator of a computer shall destroy every copy of every record produced by a computer which could identify the individual to whom the informati'On contained in it relates, 2

3. Individual to have access at reasonable cost to computerized infor mation relating to him. 4. Individual to have right to know source of computerized information and to demand correction of inaccurate information. 5. Enforcement of demand for correction. 6. Disposition of computerized records when no longer required. 2

or deliver it to the person to whom the record pertains or to the owner of the in£ormation as SQon as the reoord is of no further use to the owner of the record or the owner or operator of the computer. 7. Any person who contravenes any prOVISIOn of this Act except

section 3 is guilty of an offence and liable upon

summary conviction to a fine of not less than $500 and n'Ot more than $5000 and to not more than 6 months' impris.onment, or to both fine and imprisonment. 8. Any person who contravenes

section 3 of this Act is guilty of an offence and liable upon

summary conviction to a fine of not less than $500 and not more than $5000. 9. Nothing in this Act shall be deemed t'O remove or reduce any remedy at law in respect 'Of the publication of information relating to an individual. 10. The Minister of Consumer and Corporate Affairs may license any person who applies to him to be licensed as a con sumer reference bureau if he is satisfied that the principal objective of the person ,is the provision of references and advice to ,consum ers pertaining to businesses that consumers may wish to deal with. 11.

The Lieutenant Governor in Council may by regulation exempt any pers'On 'Or information from the provisions of this Act. 12. This Act comes into force .on a date to be fixed by Proclamation. 3

7. Offences; penalties. 8. Offences; penalties. 9. Existing rights and remedies unaffected. 10. Licensing of consumer reference bureaus. II. Exemption by regulation. 3 Title: 1978 (18th, 4th) Bill 250, The Computer Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4430
Type	bill
Volume / chapter	L18 S4 4430
Language	en
Format	json
Source	PROVINCIAL
Identifier	61d7a7c387b13988f3b085a5c4651e5fb3550d02

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