Collection notice

When a public body collects someone’s personal information, they must inform the person of the reasons why they are collecting the information. They must also inform them of the legal authority for collecting their information and provide contact information of someone at the public body who can answer their questions about the collection. Providing this information helps people understand how their information is used so they can make informed decisions about providing their personal information.

Last updated November 2023

The information provided on this page is intended to provide guidance to public bodies. The purpose is to help New Brunswick public bodies understand the collection notice requirements under the Right to Information and Protection of Privacy Act (RTIPPA). Information provided on this page is for information purposes only and does not constitute legal advice. Public bodies should consult with their own legal counsel for legal advice related to RTIPPA.

A collection notice is provided to someone when their personal information is collected by a public body. It outlines the purpose for collecting someone’s personal information, the legal authority to collect their information, and the contact information of someone who can answer any questions they have about the collection.

In accordance with ss.38(2) of RTIPPA, a public body must provide a collection notice to a person when their personal information is collected directly from them. Direct collection is when the information is collected from the person the information is about.

A collection notice is not required when personal information about an individual is collected indirectly from someone other than the person the information is about. Section 38(1) of RTIPPA outlines the limited circumstances when personal information may be collected indirectly. Some examples of when personal information can be collected indirectly include:

• The information is collected for law enforcement purposes.
• Collection of the information directly from an individual could reasonably be expected to cause harm to them or another person.
• Collection of the information directly from the individual could reasonably be expected to result in inaccurate information being collected.

A collection notice is also not required to be provided to an individual if you recently provided them with a collection notice for the same or similar collection of personal information for the same or a related purpose.

You must provide a collection notice to an individual before or at the time you collect their personal information. This allows the individual to make an informed decision about whether they want to provide you with their information.

RTIPPA does not specify the format of providing a collection notice. Best practice is to provide it in writing. It should be prominently displayed on the form or webpage you are using to collect personal information.

Sometimes it isn’t possible to provide a collection notice in writing. For example, if it’s provided verbally, best practice is to note on file who provided the notice and the date and time it was provided.

In accordance with ss.38(2) of RTIPPA, a collection notice must contain:

• The purpose for collecting the information,
• The legal authority for collecting the information, and
• The title, business address and phone number of an employee or officer of the public body who can answer questions about the collection of the personal information.

The officer or employee should be someone who can explain why the personal information is being collected and how it will be used, retained, and disclosed. RTIPPA requires that the business address and phone number of an employee or officer be provided, however it is strongly encouraged that you also provide an email address.

The following is a sample collection notice that can be used and adapted by public bodies:

Your personal information is collected under the authority of section (insert section) of the (insert applicable legislation). This information will be used for the purpose of (insert purpose). Questions about the collection of this information may be directed to (insert title, business address, email address, and phone number of an employee or officer who can answer questions about the collection).