Editorial Annotation

Exemptions

Statutory Text

193(2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication (a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath; (b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted; (c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190; (d) in the course of the operation of (i) a telephone, telegraph or other communication service to the public, (ii) a department or an agency of the Government of Canada, or (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2), if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e); (e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or(f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.