Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"

Section 3 of the ''FIPPA'' provides that the Act applies to all records in the custody or control of a “public body”, with notable exceptions in sections 3(1)(a) to (k). In addition to the entities defined as public bodies in Schedule 1, including BC government ministries, municipalities, hospitals, and universities and colleges, Schedule 2 lists specific organizations that are covered by the Act, including BC Hydro, ICBC, Legal Services Society, ''Mental Health Act'' Assessment Committees, and the Workers’ Compensation Board.  

*information harmful to public safety (s 19);  

It is worth noting that some of the exceptions are mandatory (ss 21 and 22 on third-party business) and others discretionary (ss 13 to 19).  There is also public-interest override in s 25, which requires disclosure of information about risk of significant harm to the environment, or public health or safety, or in other circumstances where disclosure is clearly in the public interest.  

'''NOTE:''' In ''[https://www.oipc.bc.ca/orders/995 Re South Coast BC Transportation Authority]'', [2009] BCIPCD No 20, it was decided that Translink was a public body. Thus,  public disclosure of employment records for Translink employees would not be an unreasonable invasion of third party privacy. However, this was based on a rebuttal of the presumption that a disclosure of personal information is an unreasonable invasion of a third party’s personal privacy if the personal information describes the third party's finances, income, etc. A change of circumstances could change the outcome. In ''[https://www.canlii.org/en/ca/scc/doc/2009/2009scc31/2009scc31.html?resultIndex=1 Greater Vancouver Transportation Authority v Canadian Federation of Students – British Columbia Component]'',[2009] 2 SCR 295, Translink was found to be a government entity under section 32 of the ''Charter of Rights and Freedoms'' [''Charter''], and thus subject to ''Charter'' scrutiny.