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Genealogy
and the Law
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Once the fixed time periods legislated by the federal government and each province and territory for the protection of personally identifiable data held by public sector organizations have passed, that information must be made available to members of the public who request that information. Therefore, once the periods of protection for personally identifiable data held by public sector organizations in this country have expired, genealogists may request such information from public sector organizations and can expect to receive it.
On this reasoning, you might suppose that information held by the federal government from early censuses would gradually become available 20 years after the deaths of the individuals surveyed. However, the federal census-taking itself is governed by its own law. There is controversy about records of censuses taken after 1911 because, when taking these later, twentieth-century censuses, the government told those filling out the census that it would keep census information confidential.5 Because no time limit was placed on this promise of confidentiality, the confidentiality promised eventually clashed with legislated time limits for public sector personal data protection legislated by Parliament much later in the twentieth century.6 The federal government’s solution, in the twenty-first century, has been to add a question to the 2006 census that asked members of households to consent to the release of information about themselves 92 years after the 2006 census.7 The result is that there are years of the census from the twentieth century from which information will never be available to current genealogists except as combined data, because individual data from each census between 1911 and 2001 will only become available 92 years after that census was done.8 And, furthermore, for at least the two census-takings beginning with the 2006 census, genealogists working 92 years from now will only be able to access the patchwork of records for those individuals who gave their consent to this access in the 2006 census and who decide to give it in the next census.9 This patchwork of availability seems the likely situation for all future censuses.10
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