Difference between revisions of "Freedom of Information and Protection of Privacy"

From Clicklaw Wikibooks
Jump to navigation Jump to search
(11 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.oipc.bc.ca Office of the Information and Privacy Commissioner for BC]|date= February 2019}} {{Dial-A-Law TOC|expanded = rights}}
Increasingly, organizations — both private and public — are collecting your personal information. Learn about the laws allowing you to access this information and limiting how it can be used.


{{Dial-A-Law TOC|expanded = rights}}
==What you should know==
=Freedom of information=


==You have a right to certain information==
===You have a right to certain information===
BC’s ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96165_00 Freedom of Information and Protection of Privacy Act]'' (called FIPPA in this script) gives you the right to see many records kept by provincial government ministries and other public bodies - including records of your personal information, such as your name, address, age, employment history, educational background. Public bodies include provincial government ministries, local municipalities, public schools and school boards, hospitals and health authorities, local police forces, colleges and universities, and self-governing bodies such as the College of Physicians and Surgeons of British Columbia and the Law Society of British Columbia.
In British Columbia, your information and privacy rights are protected by two main laws.


In addition, BC’s ''[http://www.bclaws.ca/civix/document/id/complete/statreg/03063_01 Personal Information Protection Act]'' (PIPA in this script) gives you the right to see your personal information held by organizations in the private sector in BC. Organizations include stores, unions, hotels and restaurants, doctors in private practice, not-for-profit agencies, credit unions (but not chartered banks) and many others. Under PIPA, you can ask an organization for access to your personal information that it has, or explain how it has used your personal information and who it has given your information to. You can also ask for information on the organization’s privacy policy.
The [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-165/latest/rsbc-1996-c-165.html ''Freedom of Information and Protection of Privacy Act''] (called FIPPA) gives you the right to see many records kept by the provincial government and other public bodies — including records of your personal information. Public bodies include provincial government ministries, local governments, public schools, hospitals and health authorities, local police forces, and colleges and universities. They also include bodies that govern professions in the province, such as the College of Physicians and Surgeons of BC (which governs doctors) and the Law Society of BC (which governs lawyers).


==How do you ask for information?==
In addition, the [https://www.canlii.org/en/bc/laws/stat/sbc-2003-c-63/latest/sbc-2003-c-63.html ''Personal Information Protection Act''] (called PIPA) gives you the right to see your personal information held by organizations in the private sector in BC. This includes stores, hotels and restaurants, doctors in private practice, unions, not-for-profit agencies, credit unions (but not chartered banks), professional associations, and many others. Under PIPA, you can ask an organization for access to your personal information that it has, or explain how it has used your personal information and who the organization has given your information to. You can also ask for information on the organization’s privacy policy.
In some cases, it may be quick and easy to access records held by provincial government ministries or other public bodies, or to access your personal information held by a private organization. Their website may have the information you want, or a phone call may be enough get the information. But if there’s no other way of getting the information you want, you can send a written request to the information and privacy branch of the government ministry or other public body, or to the privacy officer of the private organization. For example, if you want to see records on an ICBC claim, you would send a written request to the Information and Privacy Branch of ICBC. If you want access to information about your gym’s privacy policy, or your personal information it has on file, you would send a written request to the gym’s privacy officer.


==How long does a public body or an organization have to respond?==
===You have a right to privacy===
FIPPA gives public bodies 30 business days to respond to your request. They can’t charge you any fees for your own personal information, but they can charge you fees for finding, copying, retrieving, and producing records not related to your personal information. You can ask them to waive the fees if you can’t afford them, or if the information is in the public interest.
Both FIPPA and PIPA protect your right to privacy by regulating how public bodies and private organizations collect, use, and give out (or disclose) personal information. Public bodies and organizations can use personal information only for the purposes they collect it for, unless they get your consent to use it for another reason. Organizations and public bodies must ensure they don’t give out personal information without proper authorization.


Private organizations also have 30 business days to respond to your request. They can’t charge you a fee for your own employee personal information. But they can charge a small fee to access your other personal information—not employee personal information.
==Common questions==


==Some information isn’t available==
===How do I request access to information?===
In some cases, it may be quick and easy to access records held by provincial government ministries or other public bodies, or to access your personal information held by a private organization. An email or a phone call may be enough to get the information.
 
But if there’s no other way of getting the information you want, you can send a '''written request''' to the organization. The organization might have a department or person that handles information requests. If they do, you can address your request to them. If not, you can just send your request to the organization. It is the responsibility of the organization to have procedures and training in place to handle information requests.
 
For example, if you want to see records on an ICBC claim, you could send a written request to the information and privacy branch of ICBC. If you want access to information about your gym’s privacy policy, or your personal information it has on file, you could send a written request to the gym’s privacy officer, or just to the gym’s general contact address.
 
===How long does a public body or an organization have to respond?===
FIPPA gives public bodies ''30 business days'' to respond to your request for information. They can’t charge you any fees for your own personal information, but they can charge you fees for finding, copying, retrieving, and producing records not related to your personal information. You can ask them to waive the fees if you can’t afford them, or if the information is in the public interest.
 
Private organizations also have 30 business days to respond to your request. They can’t charge you a fee for your own “employee personal information”. This is personal information collected, used or disclosed for the purposes reasonably required to establish, manage or end an employment relationship. But they can charge a small fee to access your other personal information — information that is not employee personal information.
 
===What kind of information isn’t available?===
Under FIPPA, you may not be able to get certain records, such as Cabinet records, someone else’s personal information, court files, current work files of the Auditor General or Ombudsman, or certain information if its release or disclosure would harm private business interests. You may also not be able to see information if its disclosure would harm a law enforcement matter, or harm people or public safety.
Under FIPPA, you may not be able to get certain records, such as Cabinet records, someone else’s personal information, court files, current work files of the Auditor General or Ombudsman, or certain information if its release or disclosure would harm private business interests. You may also not be able to see information if its disclosure would harm a law enforcement matter, or harm people or public safety.


==What can you do if your request for information is refused?==
===What can I do if my request for information is refused?===
If a public body or private organization refuses your request, or if you’re not satisfied with its response, you can ask BC’s Information and Privacy Commissioner to review the response. There’s a time limit of 30 business days to make this request to the Commissioner. The Commissioner is an independent officer of the provincial Legislature who reviews the decision and can order a public body or private organization to release information that FIPPA or PIPA gives you the right to see. See the [http://www.oipc.bc.ca/ Information and Privacy Commissioner website] for information on how to ask for a review.
If a public body or private organization refuses your request, or if you’re not satisfied with its response, you can ask BC’s Information and Privacy Commissioner to '''review''' the response. There’s a time limit of ''30 business days'' to make this request to the Commissioner.


==What if an organization’s personal information about you is wrong?==
The Commissioner is independent of government. The Commissioner reviews the decision and can order a public body or private organization to release information that FIPPA or PIPA gives you the right to see. See the Information and Privacy Commissioner’s website at [https://www.oipc.bc.ca/for-the-public/how-do-i-request-a-review/ oipc.bc.ca] for how to ask for a review.
An organization must make reasonable efforts to ensure that your personal information is accurate and complete. You can ask a public body to correct any factual error or omission (but not opinions or judgments) in your personal information. If the public body refuses your request, FIPPA requires them to mark your information with the correction you requested. You can also ask a private organization to correct any inaccurate personal information. If you are not happy with the decision of the public body or organization, you can ask the Commissioner to review it.


=Protection of privacy=
===What if an organization’s information about me is wrong?===
An organization must make reasonable efforts to ensure your personal information is accurate and complete. You can ask a public body to correct any factual error or omission (but not opinions or judgments) in your personal information. If the public body refuses your request, FIPPA requires them to mark your information with the correction you requested. You can also ask a private organization to correct any inaccurate personal information. If you are not happy with the decision of the public body or organization, you can ask the Information and Privacy Commissioner to review the decision.


==You have a right to privacy==
===What if I’m upset with how my personal information is being handled?===
Both FIPPA and PIPA protect your right to privacy by regulating how public bodies and private organizations collect, use, and give out (or disclose) personal information. Public bodies and organizations can use personal information only for the purposes they collect it for, unless they get your consent to use it for another reason. Organizations and public bodies must ensure that they don’t give out personal information without proper authorization.
If you disagree with how your personal information is being managed, you should first complain directly to the public body or organization about how it collects, uses, or discloses your personal information. You should give the public body or organization a reasonable amount of time to respond.


==What if you’re upset with how your personal information is being handled?==
If that doesn’t help, you can file a complaint with the Information and Privacy Commissioner. The Commissioner’s website at [https://www.oipc.bc.ca/for-the-public/how-do-i-make-a-complaint/ oipc.bc.ca] explains the process to make a complaint.
If you disagree with how your personal information is being managed, you should first complain directly to the public body or organization about how it collects, uses, or discloses your personal information. If that doesn’t help, you can file a complaint with the [http://www.oipc.bc.ca/ Information and Privacy Commissioner].  


==Where can you find more information?==
==Who can help==
Check the [http://www.oipc.bc.ca/ Information and Privacy Commissioner website]. You can also phone the Office at 250.387.5629 in Victoria. For toll-free access, call Enquiry BC (604.660.2421 in Vancouver and 1.800.663.7867 elsewhere in BC) and ask them to connect you.


For information records, send your written request directly to the public body or private organization that has the information you want.
===With more information===
The '''Office of the Information & Privacy Commissioner for BC''' oversees and enforces British Columbia's access to information and privacy laws.


* Call 250-387-5629 in Victoria
* Call Enquiry BC at 1-800-663-7867 (toll-free)
* [https://www.oipc.bc.ca/ Visit website]


[updated January 2018]
The '''BC Freedom of Information and Privacy Association''' (FIPA) is a non-profit organization dedicated to promoting and defending freedom of information and privacy rights.
 
'''The above was last edited by John Blois.'''
----
----


* [https://fipa.bc.ca/ Visit website]


{{Dial-A-Law_Navbox|type=life}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=rights}}

Revision as of 04:39, 9 November 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Office of the Information and Privacy Commissioner for BC in February 2019.

Increasingly, organizations — both private and public — are collecting your personal information. Learn about the laws allowing you to access this information and limiting how it can be used.

What you should know

You have a right to certain information

In British Columbia, your information and privacy rights are protected by two main laws.

The Freedom of Information and Protection of Privacy Act (called FIPPA) gives you the right to see many records kept by the provincial government and other public bodies — including records of your personal information. Public bodies include provincial government ministries, local governments, public schools, hospitals and health authorities, local police forces, and colleges and universities. They also include bodies that govern professions in the province, such as the College of Physicians and Surgeons of BC (which governs doctors) and the Law Society of BC (which governs lawyers).

In addition, the Personal Information Protection Act (called PIPA) gives you the right to see your personal information held by organizations in the private sector in BC. This includes stores, hotels and restaurants, doctors in private practice, unions, not-for-profit agencies, credit unions (but not chartered banks), professional associations, and many others. Under PIPA, you can ask an organization for access to your personal information that it has, or explain how it has used your personal information and who the organization has given your information to. You can also ask for information on the organization’s privacy policy.

You have a right to privacy

Both FIPPA and PIPA protect your right to privacy by regulating how public bodies and private organizations collect, use, and give out (or disclose) personal information. Public bodies and organizations can use personal information only for the purposes they collect it for, unless they get your consent to use it for another reason. Organizations and public bodies must ensure they don’t give out personal information without proper authorization.

Common questions

How do I request access to information?

In some cases, it may be quick and easy to access records held by provincial government ministries or other public bodies, or to access your personal information held by a private organization. An email or a phone call may be enough to get the information.

But if there’s no other way of getting the information you want, you can send a written request to the organization. The organization might have a department or person that handles information requests. If they do, you can address your request to them. If not, you can just send your request to the organization. It is the responsibility of the organization to have procedures and training in place to handle information requests.

For example, if you want to see records on an ICBC claim, you could send a written request to the information and privacy branch of ICBC. If you want access to information about your gym’s privacy policy, or your personal information it has on file, you could send a written request to the gym’s privacy officer, or just to the gym’s general contact address.

How long does a public body or an organization have to respond?

FIPPA gives public bodies 30 business days to respond to your request for information. They can’t charge you any fees for your own personal information, but they can charge you fees for finding, copying, retrieving, and producing records not related to your personal information. You can ask them to waive the fees if you can’t afford them, or if the information is in the public interest.

Private organizations also have 30 business days to respond to your request. They can’t charge you a fee for your own “employee personal information”. This is personal information collected, used or disclosed for the purposes reasonably required to establish, manage or end an employment relationship. But they can charge a small fee to access your other personal information — information that is not employee personal information.

What kind of information isn’t available?

Under FIPPA, you may not be able to get certain records, such as Cabinet records, someone else’s personal information, court files, current work files of the Auditor General or Ombudsman, or certain information if its release or disclosure would harm private business interests. You may also not be able to see information if its disclosure would harm a law enforcement matter, or harm people or public safety.

What can I do if my request for information is refused?

If a public body or private organization refuses your request, or if you’re not satisfied with its response, you can ask BC’s Information and Privacy Commissioner to review the response. There’s a time limit of 30 business days to make this request to the Commissioner.

The Commissioner is independent of government. The Commissioner reviews the decision and can order a public body or private organization to release information that FIPPA or PIPA gives you the right to see. See the Information and Privacy Commissioner’s website at oipc.bc.ca for how to ask for a review.

What if an organization’s information about me is wrong?

An organization must make reasonable efforts to ensure your personal information is accurate and complete. You can ask a public body to correct any factual error or omission (but not opinions or judgments) in your personal information. If the public body refuses your request, FIPPA requires them to mark your information with the correction you requested. You can also ask a private organization to correct any inaccurate personal information. If you are not happy with the decision of the public body or organization, you can ask the Information and Privacy Commissioner to review the decision.

What if I’m upset with how my personal information is being handled?

If you disagree with how your personal information is being managed, you should first complain directly to the public body or organization about how it collects, uses, or discloses your personal information. You should give the public body or organization a reasonable amount of time to respond.

If that doesn’t help, you can file a complaint with the Information and Privacy Commissioner. The Commissioner’s website at oipc.bc.ca explains the process to make a complaint.

Who can help

With more information

The Office of the Information & Privacy Commissioner for BC oversees and enforces British Columbia's access to information and privacy laws.

  • Call 250-387-5629 in Victoria
  • Call Enquiry BC at 1-800-663-7867 (toll-free)
  • Visit website

The BC Freedom of Information and Privacy Association (FIPA) is a non-profit organization dedicated to promoting and defending freedom of information and privacy rights.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.