Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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The Information and Privacy Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt. Victoria, BC V8W 9A4 Telephone: (250) 387-5629 Fax: (250) 387-1696 E-mail: info@oipc.bc.ca Website: www.oipc.bc.ca | The Information and Privacy Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt. Victoria, BC V8W 9A4 Telephone: (250) 387-5629 Fax: (250) 387-1696 E-mail: info@oipc.bc.ca Website: www.oipc.bc.ca | ||
'''NOTE:''' The public body to which a request is made may charge to not only provide a copy of the record and its shipping and handling, but for the time spent locating the record and preparing it for disclosure (''FIPPA'' s 75(1)). They cannot charge, however, for the first 3 hours spent locating and retrieving a record and time spent severing information (s 75(2)). Likewise, these fees do not apply to a request for the applicant’s own personal information (s 75(3)). If a request for payment is made, send a letter explaining that the fee should be waived because (1) you cannot afford | '''NOTE:''' The public body to which a request is made may charge to not only provide a copy of the record and its shipping and handling, but for the time spent locating the record and preparing it for disclosure (''FIPPA'' s 75(1)). They cannot charge, however, for the first 3 hours spent locating and retrieving a record and time spent severing information (s 75(2)). Likewise, these fees do not apply to a request for the applicant’s own personal information (s 75(3)). If a request for payment is made, send a letter explaining that the fee should be waived because (1) you cannot afford payment; (2) it is fair to excuse payment, or; (3) the record relates to a matter of public interest (e.g., the environment, public health and safety, etc.). | ||
next | ==== b) Step Two: Filing a Complaint with the Information and Privacy Commissioner ==== | ||
If the public body refuses to disclose the information or make the requested correction, the next step is to file a complaint with the Information and Privacy Commissioner. Under section 42, the Commissioner oversees the administration of the Act. An individual can ask the Commissioner to review any decision pertaining to access or correction within 30 days of notification of the decision (although paragraph 53(2)(b) allows the Commissioner to extend this limitation period). Please refer to the ''FIPPA'' and its regulations for a detailed description of the review process. | |||
The Commissioner has significant power to enforce judgment (much more so than the equivalent federal official). Generally, the burden is on the public body to justify its refusal to disclose information (although there are notable exceptions pertaining to third-party interests (see s 57)). The head of a public body must comply with an order of the Commissioner unless an application for judicial review is brought within 30 days (s 59). A person other than the head of a public body who is dissatisfied with a decision of the Commissioner may seek judicial review pursuant to the ''Judicial Review Procedure Act''. | |||
== I. The BC Privacy Act == | |||
BC ''Privacy Act'', RSBC 1996, c 373, makes it a “tort, actionable without proof of damages, for a person, wilfully and without claim of right, to violate the privacy of another”. Subsection 1(2) of the Act entitles a person to the nature and degree of privacy that is “reasonable in the circumstances”, but the Act itself gives limited guidance to the courts on what particular circumstances are deemed to be an unreasonable invasion of privacy. However, section 2 does set out a number of defences. | |||
Most of the reported cases brought under the Act have been unsuccessful, largely because the courts have been reluctant to accept a broad view of what type of expectations of privacy are reasonable. One difficulty with the Act is that a person offended by an invasion of privacy is unlikely to seek redress through a public process that will have the effect of further airing the private matter. | |||
Actions under the ''Privacy Act'' must be brought in the Supreme Court. | |||