Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
Jump to navigation
Jump to search
| Line 115: | Line 115: | ||
[http://fipa.bc.ca/home/ Freedom of Information and Privacy Association] | [http://fipa.bc.ca/home/ Freedom of Information and Privacy Association] | ||
The BC Civil Liberties Association has also published a handbook on privacy that provides detailed information about various aspects of the law relating to privacy. It can be found online at | The BC Civil Liberties Association has also published a handbook on privacy that provides detailed information about various aspects of the law relating to privacy. It can be found online at http://bccla.org/privacy-handbook. | ||
=== 2. Scope of Freedom of Information Rights === | === 2. Scope of Freedom of Information Rights === | ||
| Line 138: | Line 138: | ||
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. | 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 ''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 ''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. | '''NOTE:''' In ''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. | ||
=== 3. Scope of Privacy Rights === | === 3. Scope of Privacy Rights === | ||
| Line 150: | Line 150: | ||
In general, a public body must collect personal information directly from the individual (s 27). Notable exceptions include: when an alternative method is authorized by the individual, by the Privacy Commissioner, or under another statute; and when the information is used for the purpose of collecting a debt or fine or making a payment. Except where the information is collected for law enforcement purposes, the public body must also tell the individual from whom it collects personal information the purpose and the legal authority for collecting it. | In general, a public body must collect personal information directly from the individual (s 27). Notable exceptions include: when an alternative method is authorized by the individual, by the Privacy Commissioner, or under another statute; and when the information is used for the purpose of collecting a debt or fine or making a payment. Except where the information is collected for law enforcement purposes, the public body must also tell the individual from whom it collects personal information the purpose and the legal authority for collecting it. | ||
The public body has a duty to ensure the information it collects is accurate (s 28). An individual has the right to request correction if | The public body has a duty to ensure the information it collects is accurate (s 28). An individual has the right to request correction if they believe there is an omission or error in the personal information (s 29). | ||
Heads of public bodies must protect personal information by requiring reasonable security arrangements against unauthorized access, collection, use, disclosure, or disposal (s 30). Public bodies must ensure that information in their custody is stored only in Canada and accessed only in Canada unless | Heads of public bodies must protect personal information by requiring reasonable security arrangements against unauthorized access, collection, use, disclosure, or disposal (s 30). Public bodies must ensure that information in their custody is stored only in Canada and accessed only in Canada unless the individual consents otherwise, or the disclosure is allowed under the Act (s 30.1). | ||
Employees of a public body must notify the minister when a foreign demand for disclosure is requested (s 30.2). Section 30.3 provides whistle-blower legislation to protect employees fulfilling this obligation. | Employees of a public body must notify the minister when a foreign demand for disclosure is requested (s 30.2). Section 30.3 provides whistle-blower legislation to protect employees fulfilling this obligation. | ||
| Line 158: | Line 158: | ||
Public bodies that use an individual’s personal information to make decisions that directly affect the individual must retain that information for at least one year after using it, so that the individual has an opportunity to obtain it (s 31). Further, a public body can only use personal information for the purpose for which that information was obtained, or for a use consistent with that purpose (s 32). | Public bodies that use an individual’s personal information to make decisions that directly affect the individual must retain that information for at least one year after using it, so that the individual has an opportunity to obtain it (s 31). Further, a public body can only use personal information for the purpose for which that information was obtained, or for a use consistent with that purpose (s 32). | ||
Sections 33 to 36 deal with disclosure of personal information by a public body. These sections empower a public body to disclose personal information only under certain circumstances, such as where there is consent of the individual; where the information is used for a consistent purpose or for the purpose of complying with another enactment; where the information is used for collecting a debt, payment, or fine owing by the individual to the provincial government or a public body; where the information is used in an audit; and where the information is used by a public body or a law enforcement agency to assist in an investigation in which a law enforcement proceeding is intended or likely to result. | Sections 33 to 36 deal with disclosure of personal information by a public body. These sections empower a public body to disclose personal information only under certain circumstances, such as where there is the consent of the individual; where the information is used for a consistent purpose or for the purpose of complying with another enactment; where the information is used for collecting a debt, payment, or fine owing by the individual to the provincial government or a public body; where the information is used in an audit; and where the information is used by a public body or a law enforcement agency to assist in an investigation in which a law enforcement proceeding is intended or likely to result. | ||
=== 4. Process of Making a Disclosure Request === | === 4. Process of Making a Disclosure Request === | ||
| Line 172: | Line 172: | ||
To obtain a copy of a police report, complete the form provided by the “Information and Privacy” section of the police department from which you are requesting the records (for the VPD, you will find the form here: http://vancouver.ca/police/assets/pdf/forms/vpd-form-foi-request.pdf). Include a copy of the person’s driver’s licence if possible and a cover letter explaining the details of the report you are looking for. If you are asking to receive documents on someone’s behalf you will also need them to sign an authorization or release. Typically there is no charge if you are requesting documents that relate to an interaction you had with police. | To obtain a copy of a police report, complete the form provided by the “Information and Privacy” section of the police department from which you are requesting the records (for the VPD, you will find the form here: http://vancouver.ca/police/assets/pdf/forms/vpd-form-foi-request.pdf). Include a copy of the person’s driver’s licence if possible and a cover letter explaining the details of the report you are looking for. If you are asking to receive documents on someone’s behalf you will also need them to sign an authorization or release. Typically there is no charge if you are requesting documents that relate to an interaction you had with police. | ||
If a person has been a victim of property crime, their insurance company might require them to obtain a copy of the police report. Sometimes the insurer will make the request for you. To obtain this record, fill out the request for property report form, or send in a written request with the following information: police file number, full name, current address, telephone number, location of incident, type of incident, and any other helpful details. There is a fee for this service, and the letter and payment ($ | If a person has been a victim of property crime, their insurance company might require them to obtain a copy of the police report. Sometimes the insurer will make the request for you. To obtain this record, fill out the request for property report form, or send in a written request with the following information: police file number, full name, current address, telephone number, location of incident, type of incident, and any other helpful details. There is a fee for this service, and the letter and payment ($54.43 including applicable taxes) should be placed in an envelope and mailed to the following address: | ||
:::Attention Correspondent Unit | :::Attention Correspondent Unit | ||
| Line 184: | Line 184: | ||
''' | '''Office of the Information and Privacy Commissioner for British Columbia''' | ||
{{ResourcesLSLAP | {{ResourcesLSLAP | ||
| address = PO Box 9038, Stn. Prov. Govt., Victoria, British Columbia, V8W 9A4 | | address = PO Box 9038, Stn. Prov. Govt., Victoria, British Columbia, V8W 9A4 | ||
| Line 197: | Line 197: | ||
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. | 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''. | The Commissioner has significant power to enforce a 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''. | ||
== H. The BC Privacy Act == | == H. The BC Privacy Act == | ||