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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
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=== 2. Scope of Freedom of Information Rights === | === 2. Scope of Freedom of Information Rights === | ||
next p5- | 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. | ||
In July 1993, an amendment to the ''FIPPA'' expanded the scope of the legislation to include governing bodies of various professions within the scope of the Act. These professions include lawyers, accountants, engineers, teachers, doctors, and nurses (see Schedule 3). | |||
Sections 12 to 22.1 restrict the disclosure of information. The following may '''not''' need to be disclosed: | |||
*a) cabinet and local public body confidences (s 12); | |||
*b) policy-oriented information (s 13); | |||
*c) legal advice (s 14); | |||
*d) information harmful to law enforcement (s 15); | |||
*e) information harmful to intergovernmental relations (s 16); | |||
*f) financially sensitive data (s 17); | |||
*g) information harmful to heritage sites or endangered species (s 18) | |||
*h) information harmful to safety (s 19); | |||
*i) confidential third-party business information (s 21); | |||
*j) information harmful to a third party’s personal privacy (s 22); and | |||
*k) information relating to abortion services (s 22.1). | |||
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 a public-interest override in section 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. | |||
=== 3. Scope of Privacy Rights === | |||
Apart from allowing for access to information, ''FIPPA'' also has provisions restricting the collection, protection, and retention of personal information. | |||
“Personal information” is defined in Schedule 1 of the Act as all recorded information about an identifiable individual other than contact information. The recorded information includes the individual’s name, race, colour, religious or political beliefs, age, sex, sexual orientation, marital status, fingerprints, blood type, health care history, educational, financial, criminal or employment history, anyone’s opinion about the individual, and the individual’s personal views or opinions, except if they are about someone else. | |||
Public bodies can collect personal information only when authorized by legislation, for law enforcement purposes, or when necessary to the operation of a program administered by the public body (s 26). | |||
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 he or she believes 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 an 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. 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. | |||
=== 4. Process of Making a Disclosure Request === | |||
==== a) Step One: Requesting Disclosure or Correction ==== | |||
An individual can send a letter to a public body asking for disclosure of information pertaining to that individual or for a correction of information. If the request is for access to information, the head of the public body then has 30 days to respond (this time limit can be extended under section 10). Section 8 requires that any response must either (a) inform the individual of where, when, and how the record will be disclosed, or (b) detail the reasons the request was denied. | |||
If the request is for a correction of information held by the public body, the head of the public body must either (a) correct the record, or (b) annotate the information with the correction that was requested. The head of the public body must next notify all other parties to whom the information in question has been disclosed within the past year. | |||
Note: Always check with the organization itself to see if it has its own form 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 HST) should be placed in an envelope and mailed to the following address: | |||
:::Attention Correspondent Unit | |||
:::Vancouver Police Department | |||
:::3585 Graveley St. | |||
:::Vancouver, BC V5K 5J5. | |||
See here for full details: http://vancouver.ca/police/organization/support-services/request-police-report.html | |||
For further information on the process of making a disclosure request, contact: | |||
need to format this: | |||
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 | |||
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