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

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(Created page with "{{LSLAP Manual TOC|expanded = complaints}} == A. Introduction == Although the right to privacy is fundamental to the healthy exercise of democratic rights, recognition and p...")
 
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== C. At Common Law ==
== C. At Common Law ==


At common law, the torts of trespass, nuisance, defamation, and invasion of privacy may discourage some of the more blatant forms of invasion of privacy. However, these civil actions do not so much ensure privacy as retroactively provide compensation for its breach. D.Wiretap Legislation and Lawful A ccess If a client asks for information on wiretapping and lawful access to information, they should be referred to the BC Civil Liberties  Association, who specializes in dealing in these areas. See section II.I.1. The case law in this area is very complicated, and an experienced  criminal lawyer should be consulted if issues regarding a wiretap arise. E.Federal Privacy A ct, Federal A ccess to Information A ct  1.Introduction The federal Access to Information Act, RSC 1985, c A-1, and the federal Privacy Act, RSC 1985, c P-21, both deal with freedom of information. The Access to Information Act allows for access to information in records under the control of federal government  institutions. The Privacy Act   protects   the   confidentiality   of   information   about   an   individual   held   by   federal government institutions, and provides individuals with a right of access to information about themselves held by such institutions. What follows is only a brief outline of  the main provisions of these Acts. Students should consult the Acts themselves if they have a problem in this area. 2.Privacy A ct If a client wants to obtain information relating to themselves, they should make an application under the federal Privacy Act, and should  make their application directly to the agency that has the information. The Privacy  Act, RSC 1985, c P-21,sets out the conditions under  which a government institution may collect, maintain, and use personal information about individuals. The Act requires that: a)the information collected must relate directly to an operating program or activity of the institution (s 4); b)information used in a decision-making process that directly affects the individual should be, wherever possible, collected directly from the individual to whom it relates, or with
At common law, the torts of trespass, nuisance, defamation, and invasion of privacy may discourage some of the more blatant forms of invasion of privacy. However, these civil actions do not so much ensure privacy as retroactively provide compensation for its breach.  
 
== D. Wiretap Legislation and Lawful Access ==
 
If a client asks for information on wiretapping and lawful access to information, they should be referred to the BC Civil Liberties  Association, who specializes in dealing in these areas. See section II.I.1. The case law in this area is very complicated, and an experienced  criminal lawyer should be consulted if issues regarding a wiretap arise.  
 
== E. Federal Privacy Act, Federal Access to Information Act ==
 
=== 1. Introduction ===
 
The federal ''Access to Information Act'', RSC 1985, c A-1, and the federal ''Privacy Act'', RSC 1985, c P-21, both deal with freedom of information. The ''Access to Information Act'' allows for access to information in records under the control of federal government  institutions. The ''Privacy Act'' protects the confidentiality of information about an individual held by federal government institutions, and provides individuals with a right of access to information about themselves held by such institutions. What follows is only a brief outline of  the main provisions of these Acts. Students should consult the Acts themselves if they have a problem in this area.  
 
=== 2. Privacy Act ===
 
If a client wants to obtain information relating to themselves, they should make an application under the federal ''Privacy Act'', and should  make their application directly to the agency that has the information. The ''Privacy  Act'', RSC 1985, c P-21, sets out the conditions under  which a government institution may collect, maintain, and use personal information about individuals. The Act requires that:  
*a) the information collected must relate directly to an operating program or activity of the institution (s 4);  
*b) information used in a decision-making process that directly affects the individual should be, wherever possible, collected directly from the individual to whom it relates, or with his  or  her  consent,  and  the  institution  shall  inform  the  individual  of  the  purpose  for which the information is being collected (s 5);
*c) the institution shall ensure that information used to make a decision about an individual is  accurate,  up-to-date  and  as  complete  as  possible,  that  it  is  retained  long enough  for the  individual  to  have  a  reasonable  opportunity  to  obtain  access  to  it,  and  that  it  is disposed  of  in  accordance  with  the  relevant  regulations  and  ministry  directives  or guidelines (s 6); and d)the  information  shall  not,  without  the  consent  of  the individual,  be  used  for  any purpose except that for which it was obtained, for a use consistent with that purpose, or for other purposes specified in the Act (s 7). The  Privacy  Commissioner  is  authorized  to  oversee  compliance  by  federal  government institutions  with  the  provisions  of  the Privacy  Act. The  Commissioner  receives  and investigates complaints from individuals, audits institutions’  storage and use of information, makes recommendations to institutions and the Treasury Board regarding privacy issues, and presents an annual report to Parliament. The  Commissioner  cannot  make  orders  requiring  bodies  to  comply  with  the  Act,  but  may investigate  and  make  reports.  Individuals  who  are  refused  access  to  their  own  personal information may, after the Commissioner has investigated and reported, apply to the Federal Court for an order requiring access to this information. The Privacy Commissioner may also take enforcement proceedings in Federal Court in relation to a refusal to give an individual access to his or her own personal information. For further information contact:
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