5,484
edits
Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
From Clicklaw Wikibooks
Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 01:05, 17 May 2016
, 01:05, 17 May 2016no edit summary
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 63: | Line 63: | ||
Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | ||
'''NOTE:''' In the Supreme Court of Canada decision Ontario (Public Safety and Security) v Criminal Lawyers’ Association, 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the Charter does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''Irwin Toy Ltd v Quebec (Attorney General)'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'',RSO 1990, c F.31. See both these cases for more detailed information. | '''NOTE:''' In the Supreme Court of Canada decision Ontario (Public Safety and Security) v Criminal Lawyers’ Association, 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the Charter does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''Irwin Toy Ltd v Quebec (Attorney General)'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'', RSO 1990, c F.31. See both these cases for more detailed information. | ||
next p5- | The procedure for obtaining a government record is as follows: | ||
*a) Go to http://canada.justice.gc.ca/eng/trans/atip-aiprp for the Access to Information and Privacy website, which offers a brochure about using the Act, online access to Info Source, and online forms. Alternatively, you can go to any public library and obtain the same information. Info Source is a directory that describes each federal government institution and the information it holds, as well as the title and address of the appropriate officer to whom requests should be sent. | |||
*b) Formally request the records by sending in the online or printed request forms, or by sending a letter. Be as specific as possible citing subject, dates, events, and individuals. Enclose a $5.00 payment, but ask that this and any other fees be waived on the grounds that the release of records would be of “general public benefit” or that similar information has been released in the past. '''Always insist on an estimate of any costs involved.''' There is no fee when someone is requesting their own personal information. | |||
*c) Once the institution receives a request, it has 30 days to give notice of whether access will be given. Senior officials can extend this time limit if they give notice of extension. If third parties are involved, the time limit is 80 days. If access is refused, they must inform the person making the request of the right to make a complaint to the Information Commissioner. | |||
**'''NOTE:''' It can take up to one year to receive records to which access is given. There is no meaningful redress for delays of this nature. | |||
*d) Complaints should be sent to: | |||
need to format this later ... | |||
Office of the Information Commissioner 30 Victoria Street Gatineau, QC K1A 1H3 Toll-free: 1-800-267-0441 Fax: (819) 994-1768 E-mail: general@oic-ci.gc.ca Website: www.oic-ci.gc.ca/eng/ | |||
The Information Commissioner investigates complaints in private, and each party has the right to make representations. Similar to an Ombudsperson, the Commissioner can only make recommendations, and cannot directly compel the release of information. However, he or she can take the institution to Federal Court to compel the release of the information. The Commissioner is not obligated to take on a case, and if he or she refuses to do so, there is no right to appeal this refusal. | |||
**NOTE: It is helpful to check to see if the organization you are requesting information about has a form of its own. It would cut down on time for the form to go directly to the organization. | |||
*e) There is, however, a right to appeal the original denial of access; this appeal must be made to the Federal Court within '''45 days''' of the decision of the Information Commissioner (s 41). In court, the burden of proof is on the government to show that the information must be withheld. | |||
== F. Federal Personal Information Protection and Electronic Documents Act == | |||
=== 1. Introduction === | |||
The federal ''Personal Information Protection and Electronic Documents Act'', SC 2000, c 5 [''PIPEDA''], is intended to remedy some of the problems encountered by consumers and by businesses when information relating to consumer habits is collected to be used internally or externally by private sector organizations. ''PIPEDA'' is a federal law governing: | |||
*a) the collection, protection, and disclosure of personal information; and | |||
*b) the use of electronic versions of official documents on paper, in the public and private sphere. | |||
While ''PIPEDA'' is a federal act, the legislation claims to have jurisdiction over the provincially regulated private sector as well as the federal sector. However, subsection 26(2) of the Act gives the Governor-in-Council the power to exempt an organization where substantially similar provincial legislation exists. Almost all provinces have enacted their own version of the Act. In October 2003, BC passed the ''Personal Information Protection Act'', SBC 2003, c 63 [''PIPA''], which has been declared substantially similar legislation. | |||
For more information on ''PIPEDA'', please see: | |||
Stephanie Perrin, Heather Black & David Flaherty, ''The Personal Information Protection and Electronic Documents Act: An Annotated Guide'' (Toronto: Irwin Law, 2001). | |||
== G. BC Personal Information Protection Act == | |||
The BC ''PIPA'' is an attempt by the province to maintain jurisdiction over the regulation of private business, historically under its control. The purpose of this Act is to govern the collection, use, and disclosure of personal information by '''private''' organizations. The Act has been in force since 2004 and has been declared substantially similar by the Governor-in-Council, thereby exempting organizations in British Columbia to which ''PIPA'' applies from application of the federal ''PIPEDA''. | |||
== H. BC Freedom of Information and Protection of Privacy Act == | |||
=== 1. Introduction === | |||
The ''Freedom of Information and Protection of Privacy Act'', RSBC 1996, c 165 [''FIPPA''], is similar in some respects to the federal access and privacy legislation relating to '''public''' organizations. As a result of this provincial legislation, there is a consistent policy regarding access and privacy for BC government ministries and agencies. The Act is significant for two reasons: | |||
*a) it has standardized decision-making criteria in regards to access and privacy; and | |||
*b) it has established a uniform appeal process. | |||
This Act is amended from time to time. It is advisable to consult the Act for certainty when advising a client. Further information about the Act can be obtained from the following organization: | |||
[http://fipa.bc.ca/home/ Freedom of Information and Privacy Association] | |||
Also, the BC Civil Liberties Association has 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 === | |||
next p5-15 | |||
