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Legal text for SACC item
Public Works and Government Services Canada
01 Interpretation
02 Ownership of Personal Information and Records
03 Use of Personal Information
04 Collection of Personal Information
05 Maintaining the Accuracy, Privacy and Integrity of Personal
Information
06 Safeguarding Personal Information
07 Appointment of Privacy Officer
08 Quarterly Reporting Obligations
09 Threat and Risk Assessment
10 Audit
11 Statutory Obligations
12 Disposing of Records and Returning Records to Canada
13 Legal Requirement to Disclose Personal Information
14 Complaints
15 Exception
4008 01 (2008-05-12) Interpretation
1. In the Contract, unless the context otherwise requires,
"General Conditions" means the general conditions that form part of
the Contract;
"Personal Information" means information about an individual,
including the types of information specifically described in the
Privacy Act, R.S. 1985, c. P-21;
"Record" means any hard copy document or any data in a
machine-readable format containing Personal Information;
2. Words and expressions defined in the General Conditions and used in
these supplemental general conditions have the meanings given to
them in the General Conditions.
3. If there is any inconsistency between the General Conditions and
these supplemental general conditions, the applicable provisions of
these supplemental general conditions prevail.
4008 02 (2008-05-12) Ownership of Personal Information and Records
To perform the Work, the Contractor will be provided with and/or will be
collecting Personal Information from third parties. The Contractor
acknowledges that it has no rights in the Personal Information or the
Records and that Canada owns the Records. On request, the Contractor must
make all the Personal Information and Records available to Canada
immediately in a format acceptable to Canada.
4008 03 (2008-05-12) Use of Personal Information
The Contractor agrees to create, collect, receive, manage, access, use,
retain, and dispose of the Personal Information and the Records only to
perform the Work in accordance with the Contract.
4008 04 (2008-05-12) Collection of Personal Information
1. If the Contractor must collect Personal Information from a third
party to perform the Work, the Contractor must only collect Personal
Information that is required to perform the Work. The Contractor
must collect the Personal Information from the individual to whom it
relates and the Contractor must inform that individual (at or before
the time when it collects the Personal Information) of the following:
(a) that the Personal Information is being collected on behalf of,
and will be provided to, Canada;
(b) the ways the Personal Information will be used;
(c) that the disclosure of the Personal Information is voluntary
or, if there is a legal requirement to disclose the Personal
Information, the basis of that legal requirement;
(d) the consequences, if any, of refusing to provide the
information;
(e) that the individual has a right to access and correct his or
her own Personal Information; and
(f) that the Personal Information will form part of a specific
personal information bank (within the meaning of the Privacy
Act), and also provide the individual with information about
which government institution controls that personal
information bank, if the Contracting Authority has provided
this information to the Contractor.
2. The Contractor, its subcontractors, and their respective employees
must identify themselves to the individuals from whom they are
collecting Personal Information and must provide those individuals
with a way to verify that they are authorized to collect the
Personal Information under a Contract with Canada.
3. If requested by the Contracting Authority, the Contractor must
develop a request for consent form to be used when collecting
Personal Information, or a script for collecting the Personal
Information by telephone. The Contractor must not begin using a
form or script unless the Contracting Authority first approves it in
writing. The Contractor must also obtain the Contracting Authority'
s approval before making any changes to a form or script.
4. At the time it requests Personal Information from any individual, if
the Contractor doubts that the individual has the capacity to
provide consent to the disclosure and use of his or her Personal
Information, the Contractor must ask the Contracting Authority for
instructions.
4008 05 (2008-05-12) Maintaining the Accuracy, Privacy and Integrity
of Personal Information
The Contractor must ensure that the Personal Information is as accurate,
complete, and up to date as possible. The Contractor must protect the
privacy of the Personal Information. To do so, at a minimum, the
Contractor must:
(a) not use any personal identifiers (e.g., social insurance number) to
link multiple databases containing Personal Information;
(b) segregate all Records from the Contractor's own information and
records;
(c) restrict access to the Personal Information and the Records to
people who require access to perform the Work (for example, by using
passwords or biometric access controls);
(d) provide training to anyone to whom the Contractor will provide
access to the Personal Information regarding the obligation to keep
it confidential and use it only to perform the Work. The Contractor
must provide this training before giving an individual access to any
Personal Information and the Contractor must keep a record of the
training and make it available to the Contracting Authority if
requested;
(e) if requested by the Contracting Authority, before providing anyone
with access to the Personal Information, require anyone to whom the
Contractor provides access to the Personal Information to
acknowledge in writing (in a form approved by the Contracting
Authority) their responsibilities to maintain the privacy of the
Personal Information;
(f) keep a record of all requests made by an individual to review his or
her Personal Information, and any requests to correct errors or
omissions in the Personal Information (whether those requests are
made directly by an individual or by Canada on behalf of an
individual);
(g) include a notation on any Record(s) that an individual has requested
be corrected if the Contractor has decided not to make the
correction for any reason. Whenever this occurs, the Contractor
must immediately advise the Contracting Authority of the details of
the requested correction and the reasons for the Contractor's
decision not to make it. If directed by the Contracting Authority
to make the correction, the Contractor must do so;
(h) keep a record of the date and source of the last update to each
Record;
(i) maintain an audit log that electronically records all instances of
and attempts to access Records stored electronically. The audit log
must be in a format that can be reviewed by the Contractor and
Canada at any time; and
(j) secure and control access to any hard copy Records.
4008 06 (2008-05-12) Safeguarding Personal Information
The Contractor must safeguard the Personal Information at all times by
taking all measures reasonably necessary to secure it and protect its
integrity and confidentiality. To do so, at a minimum, the Contractor must:
(a) store the Personal Information electronically so that a password (or
a similar access control mechanism, such as biometric access) is
required to access the system or database in which the Personal
Information is stored;
(b) ensure that passwords or other access controls are provided only to
individuals who require access to the Personal Information to
perform the Work;
(c) not outsource the electronic storage of Personal Information to a
third party (including an affiliate) unless the Contracting
Authority has first consented in writing;
(d) safeguard any database or computer system on which the Personal
Information is stored from external access using methods that are
generally used, from time to time, by prudent public and private
sector organizations in Canada in order to protect highly secure or
sensitive information;
(e) maintain a secure back-up copy of all Records, updated at least
weekly;
(f) implement any reasonable security or protection measures requested
by Canada from time to time; and
(g) notify the Contracting Authority immediately of any security
breaches; for example, any time an unauthorized individual accesses
any Personal Information.
4008 07 (2008-05-12) Appointment of Privacy Officer
The Contractor must appoint someone to be its privacy officer and to act as
its representative for all matters related to the Personal Information and
the Records. The Contractor must provide that person's name to the
Contracting Authority within ten (10) days of the award of the Contract.
4008 08 (2008-05-12) Quarterly Reporting Obligations
Within thirty (30) calendar days of the end of each quarter (January-March;
April-June; July-September; October-December), the Contractor must submit
the following to the Contracting Authority:
(a) a description of any new measures taken by the Contractor to protect
the Personal Information (for example, new software or access
controls being used by the Contractor);
(b) a list of any corrections made to Personal Information at the
request of an individual (including the name of the individual, the
date of the request, and the correction made);
(c) details of any complaints received from individuals about the way in
which their Personal Information is being collected or handled by
the Contractor; and
(d) a complete copy (in an electronic format agreed to by the
Contracting Authority and the Contractor) of all the Personal
Information stored electronically by the Contractor.
4008 09 (2008-05-12) Threat and Risk Assessment
Within ninety (90) calendar days of the award of the Contract and, if the
Contract lasts longer than one year, within thirty (30) calendar days of
each anniversary date of the Contract, the Contractor must submit to the
Contracting Authority a threat and risk assessment, which must include:
(a) a copy of the current version of any request for consent form or
script being used by the Contractor to collect Personal Information;
(b) a list of the types of Personal Information used by the Contractor
in connection with the Work;
(c) a list of all locations where hard copies of Personal Information
are stored;
(d) a list of all locations where Personal Information in
machine-readable format is stored (for example, the location where
any server housing a database including any Personal Information is
located), including back-ups;
(e) a list of every person to whom the Contractor has granted access to
the Personal Information or the Records;
(f) a list of all measures being taken by the Contractor to protect the
Personal Information and the Records;
(g) a detailed explanation of any potential or actual threats to the
Personal Information or any Record, together with an assessment of
the risks created by these threats and the adequacy of existing
safeguards to prevent these risks; and
(h) an explanation of any new measures the Contractor intends to
implement to safeguard the Personal Information and the Records.
4008 10 (2008-05-12) Audit
Canada may audit the Contractor's compliance with these supplemental
general conditions at any time. If requested by the Contracting Authority,
the Contractor must provide Canada (or Canada's authorized representative)
with access to its premises and to the Personal Information and Records at
all reasonable times. If Canada identifies any deficiencies during an
audit, the Contractor must immediately correct the deficiencies at its own
expense.
4008 11 (2008-05-12) Statutory Obligations
1. The Contractor acknowledges that Canada is required to handle the
Personal Information and the Records in accordance with the
provisions of Canada's Privacy Act, Access to Information Act, R.S.
1985, c. A-1, and Library and Archives of Canada Act, S.C. 2004, c.
11. The Contractor agrees to comply with any requirement
established by the Contracting Authority that is reasonably required
to ensure that Canada meets its obligations under these acts and any
other legislation in effect from time to time.
2. The Contractor acknowledges that its obligations under the Contract
are in addition to any obligations it has under the Personal
Information Protection and Electronic Documents Act, S.C. 2000, c. 5,
or similar legislation in effect from time to time in any province
or territory of Canada. If the Contractor believes that any
obligations in the Contract prevent it from meeting its obligations
under any of these laws, the Contractor must immediately notify the
Contracting Authority of the specific provision of the Contract and
the specific obligation under the law with which the Contractor
believes it conflicts.
4008 12 (2008-05-12) Disposing of Records and Returning Records to
Canada
The Contractor must not dispose of any Record, except as instructed by the
Contracting Authority. On request by the Contracting Authority, or once
the Work involving the Personal Information is complete, the Contract is
complete, or the Contract is terminated, whichever of these comes first,
the Contractor must return all Records (including all copies) to the
Contracting Authority.
4008 13 (2008-05-12) Legal Requirement to Disclose Personal
Information
Before disclosing any of the Personal Information pursuant to any
applicable legislation, regulation, or an order of any court, tribunal or
administrative body with jurisdiction, the Contractor must immediately
notify the Contracting Authority, in order to provide the Contracting
Authority with an opportunity to participate in any relevant proceedings.
4008 14 (2008-05-12) Complaints
Canada and the Contractor each agree to notify the other immediately if a
complaint is received under the Access to Information Act or the Privacy
Act or other relevant legislation regarding the Personal Information. Each
Party agrees to provide any necessary information to the other to assist in
responding to the complaint and to inform the other immediately of the
outcome of that complaint.
4008 15 (2008-05-12) Exception
The obligations set out in these supplemental general conditions do not
apply to any Personal Information that is already in the public domain, as
long as it did not become part of the public domain as a result of any act
or omission of the Contractor or any of its subcontractors, agents, or
representatives, or any of their employees.