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

This Act is amended from time to time. It is advisable to consult the Act for certainty. Further information about the Act can be obtained from the following organization:

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.  

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 paragraphs 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);  

*information harmful to a third party's business interest (s 21);

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.  

Always check with the organization itself to see if it has its own forms for requests; this makes the process much faster.  

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 ($53.33 including applicable taxes) should be placed in an envelope and mailed to the following address:  

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''.