Privacy Act Access for Non‑Citizen Inmates

Summary#

This order, Order Amending the Privacy Act Extension Order No. 1 (Miscellaneous Program) (SOR/2024-186), changes who can get access to personal information under the Privacy Act. It adds inmates who are not Canadian citizens or permanent residents to the group that can request access. The order was registered on September 20, 2024 and came into force on that day.

What it does#

• Replaces section 2 of Privacy Act Extension Order No. 1 to extend the right under subsection 12(1) of the Privacy Act to a new group.
• Specifically, the right to be given access to personal information is now extended to include an "inmate," as defined in the Corrections and Conditional Release Act, who is not a Canadian citizen or a permanent resident, as defined in the Immigration and Refugee Protection Act.
• Comes into force on the day it is registered (registered September 20, 2024).

Who's affected#

• People described as "inmates" under the Corrections and Conditional Release Act who are not Canadian citizens and not permanent residents under the Immigration and Refugee Protection Act.
• It is unclear from the order whether this change affects inmates in provincial or territorial facilities; the order uses the federal definition of "inmate."

Why it matters#

• These non‑citizen, non‑permanent resident inmates can now ask for and receive their personal information held under the Privacy Act.
• That can matter for immigration cases, legal defence, health or identity questions, and for anyone trying to understand what federal records exist about them.
• The change is narrow and specific: it adjusts who can make access requests under one federal privacy rule, rather than changing what information is available.