Personal Investigations Regulation

Personal Investigations Regulation, M.R. 392/87 R The Personal Investigations Act , C.C.S.M. c. P34 Regulation 392/87 R Registered November 13, 1987 bilingual version (HTML) Table of Contents Section APPEALS TO DIRECTOR 1 Time for appeal 2 Right of appeal FEES 3 Fees of reporting agency APPLICATION OF ACT 4 Application 5 Deemed personal report CONSENT TO PERSONAL INVESTIGATIONS 6 Information to be provided when obtaining consent 7 Form of consent 8 Verifying identity of subject 9 Written consent 10 Electronic consent 11 Oral consent 12 Withdrawal of consent SECURITY ALERTS 13 Expiry date of security alerts 14 Fees APPEALS TO DIRECTOR Time for appeal 1 The time allowed for an appeal to the director by the subject of a personal report, under section 12 of the Act, is 14 days, exclusive of Saturdays, Sundays, and holidays, after the subject has received the report of action taken by a user, personal reporter, or personal reporting agency that is required to be given to the subject under subsection 11(1) of the Act. Right of appeal 2 The subject of a personal report may appeal to the director by submitting to the director a written statement, setting forth all material information pertinent to the matter being appealed. FEES Fees of reporting agency 3 Where a person makes an inquiry of a personal reporting agency under subsection 8(1) of the Act, the personal reporting agency is entitled to charge that person a fee of $5., but no fee shall be charged to any person by a user or personal reporting agency where a subject requests information under section 7 of the Act. M.R. 63/88 APPLICATION OF ACT Application 4 Subject to section 5, the Act does not apply to any bulletin, journal, or other publication, if that bulletin, journal, or publication is (a) a professional, trade or business directory or reference book that contains only factual information and is published for the use of subscribers to the bulletin, journal or publication; (b) a listing of matters of public record information pertaining to a number of subjects; or (c) a listing of debts owing by a number of subjects to a number of creditors. Deemed personal report 5 A bulletin, journal, or publication shall be deemed to be a personal report where (a) any person knowingly supplies false or misleading information to another who is engaged in the preparation or publication or distribution of any bulletin, journal, or publication; or (b) any person knowingly includes false or misleading information in a published bulletin, journal, or publication; and in a case to which clause (b) refers, sections 15 and 19 of the Act apply. CONSENT TO PERSONAL INVESTIGATIONS Information to be provided when obtaining consent 6(1) A person obtaining a consent to a personal investigation must inform the subject as to (a) the purpose for obtaining the personal information and how it will be used; (b) the personal information to be collected; (c) the types of persons or organizations that the personal information will be collected from; (d) where the consent permits disclosure to a third party, the personal information to be disclosed and the purpose for the disclosure; (e) the date the consent is effective; and (f) whether (i) the consent expires on a specified date, (ii) the consent continues during the term of an agreement, or (iii) in the case of an agreement for insurance, the consent may be extended beyond the term of the agreement. 6(2) If a person obtains consent to a personal investigation by (a) providing false or misleading information respecting the consent; or (b) using deceptive or misleading practices; the consent is not effective. M.R. 97/2006 Form of consent 7 A subject may give his or her consent to a personal investigation in writing, including by electronic means, or orally. M.R. 97/2006 Verifying identity of subject 8 The person obtaining a subject's consent to a personal investigation must take reasonable steps to verify the identity of the subject and record the steps taken. M.R. 97/2006 Written consent 9 Where a subject gives consent to a personal investigation in writing, the consent must (a) be clear and understandable; (b) contain the information described in subsection 6(1); (c) be in type not less than 10 point in size; and (d) be located above the subject's signature. M.R. 97/2006 Electronic consent 10 Where consent to a personal investigation is given by the subject by electronic means, the person obtaining the consent must ensure that (a) the information described in subsection 6(1) was provided to the subject in a clear and understandable manner before he or she consented to the personal investigation; (b) the subject has an opportunity to correct errors in the information that he or she has provided before giving consent; and (c) the consent is capable of being retained or printed by the subject. M.R. 97/2006 Oral consent 11(1) Where consent to a personal investigation is given by the subject orally, the person obtaining the consent must ensure that the information described in subsection 6(1) was provided to the subject in a clear and understandable manner before the subject consents to the personal investigation. 11(2) The person obtaining an oral consent must, in a form that can be reproduced, record (a) that the information described in subsection 6(1) was provided to the subject and by whom; and (b) the name of the person who received the consent and the date and time when the consent was given. M.R. 97/2006 Withdrawal of consent 12(1) A subject may, by giving reasonable notice, withdraw his or her consent to a personal investigation at any time, subject to any legal or contractual restrictions. 12(2) The person who receives the withdrawal of consent must inform the subject of the implications of the withdrawal. M.R. 97/2006 SECURITY ALERTS Expiry date of security alerts 13 Under subsection 12.2(1) of the Act, a security alert expires on the earlier of (a) six years after a personal reporting agency includes it in a subject's personal file; and (b) the time that a personal reporting agency removes it from a subject's file at the request of the subject. M.R. 154/2010 Fees 14(1) If a subject requires a personal reporting agency to include a security alert in the subject's personal file, the agency must not require the subject to pay a fee of more than $5 before the agency includes an alert in the file. 14(2) If a subject requires a personal reporting agency to amend, remove or renew a security alert in the subject's personal file, the agency must not require the subject to pay any fee. M.R. 154/2010