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BC Privacy > FOIPP - Freedom of Information > Flashcards

FOIPP - Freedom of Information Flashcards

1
Q

What does FOIPPA stand for?

A

Freedom of Information and Protection of Privacy Act

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2
Q

What is the purpose of FIPPA?

A

Make public bodies more open and accountable by providing the public with a legislated right of access to government records

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3
Q

Who does FIPPA cover?

A

All provincial government public bodies, including government ministries and most government agencies, boards, commissions and Crown corporations. It also covers “local public bodies” eg. municipalities, universities, colleges and school boards, hospitals and health boards and designated self-governing bodies of professional organizations eg. Law Society

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4
Q

What doesn’t FIPPA cover?

A

Private sector eg. business and associations

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5
Q

When will FIPPA cover private sector?

A

when certain records are in the custody and control of businesses under contract to public bodies - here they may be covered

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6
Q

What information can you request under FIPPA? What can you do with this information?

A

Your personal information that is held by government (name, address, age, employment history, education) and (if you feel it’s incorrect) the right to request that your personal info be corrected.

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7
Q

What if the public body doesn’t agree with your personal info corrections?

A

You have the right to have the corrections added to your file

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8
Q

How is a request made under FIPPA?

A
  1. Before making a formal request, contact the organization with the info you’re seeking and ask for it directly (faster and less expensive)
  2. Section 5 - When making formal request, must do it in writing - fill out Request for Access to Records form or request in form of letter (do not need to provide phone number, address or even name but may have issues fulfilling request)

a request can be made via email (section 5 of Electronic Transactions Act)

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9
Q

How much time is given to respond to a FOI request?

A

30 business days to respond

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10
Q

What is the cost for accessing your own personal information under FIPPA?

A

free (Section 75(3)) - except for Vital Statistics Act where expressly provides that fees may be charged for access to personal information

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11
Q

What is the cost for accessing other info besides your personal info?

A

May be subject to a fee - based on time spent searching and retrieving records

First 3 hours of search & retrieval time is free, each additional hour is charged at rate prescribed in Regulations and charges for photocopies may also be charged

You can also ask the gov’t body to waive the fees if you can’t afford them or if the info is in the public interest

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12
Q

What are some best practices for making a formal FOI request?

A
  • describe records you want with as much possible detail and limit it to those records that you need
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13
Q

What records can be requested under FIPPA?

A

All records in the custody or under the control of public bodies, including your personal information

Otherwise, all other information can be provided except that information that falls under the exceptions listed in FIPPA (Sections 12-22)

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14
Q

Can you get access to someone else’s personal information under FIPPA?

A

Only in exceptional circumstances

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15
Q

What if the organization’s personal info about you is wrong?

A

They must make reasonable efforts to ensure that your personal info is accurate and complete - you can ask them to correct any errors or omissions (but not opinions or judgments in your personal info) - if you’re not happy with their decision, you can ask the Information & Privacy Commissioner to review it

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16
Q

After the first response period, what sort of response should I expect?

A

You should receive the records unless an exception applies to all/part of the records

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17
Q

What if an exception applies to part of a record?

A

The public body may sever those parts but will release the remainder of the record (severed info will appear as a blank space) - the public body will also indicate the reasons for severing the info and the sections of FIPPA it’s relying on to do so

If 1+ exceptions apply to the entire record, a public body may refuse access to the whole record

There is no charge for reviewing & severing records

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18
Q

What is the role of the Information & Privacy Commissioner in FOI Requests?

A

Section 52 - The IPC is the body you go to when you disagree with a public body’s FOI response - the IPC is an independent body (not part of gov’t) and has the authority to review any matter relating to the response to your request and can issue binding orders to resolve disputes

Applicants have 30 days from receipt of primary decision to request a review in writing

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19
Q

What is the cabinet confidence exception?

A

Section 12 - withhold information that would reveal Cabinet confidences - also allows withholding info that was disclosed at closed-door (in camera) meetings

s12(1) - mandatory exception relating to public bodies

s12(3) - discretionary exception

  • if record is 15+ years old, exception doesn’t apply
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20
Q

What is the policy advice/recommendations exception?

A

Section 13 - Withhold advice or recommendations (discretionary)

  • if record is 10+ years old, exception doesn’t apply
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21
Q

What is the legal advice exception?

A

Section 14 - info between the public body and its legal counsel (discretionary)

  • privilege can be waived by client (should be determined between client ministry and AG)
22
Q

What is the law enforcement exception?

A

Section 15 - info that would harm a law enforcement matter (discretionary)

23
Q

What is the intergovernmental relations exception?

A

Section 16 - info that could harm the relations between BC’s levels of government and governments from other provinces and jurisdictions may be withheld under this section (discretionary)

24
Q

What is the financial/economic harm exception?

A

Section 17 - withhold info which, if released, would cause financial or economic harm to the public body or gov’t (discretionary)

25
Q

What is the conservation of heritage sites exception?

A

Section 18 - info about heritage sites which would result in exploitation or destruction of those sites (discretionary)

26
Q

What is the harm to individual or public safety exception?

A

Section 19 - info that could result in harm to person’s mental, physical or emotional health or to public safety (discretionary)

  • can include individual’s own personal info where disclosure could threaten another person’s safety, mental/physical health or interfere with public safety
27
Q

What is the information soon to be published exception?

A

Section 20 - body may withhold info from applicant if it had already planned to release or public info within 60 days, or if it is already for sale to the public (discretionary)

28
Q

What is the harm to business interests exception?

A

Section 21 - bodies are often in possession of commercial/financial information of outside businesses and must withhold that info if releasing it would cause harm to the business (mandatory) - 3 part test:

  1. Info would reveal 3rd party trade secrets or the commercial, financial, labour relations, scientific or technical info of 3rd party or about 3rd party;
  2. info was supplied in confidence; and
  3. disclosure of info could result in 1+ specified harms
  • doesn’t apply to records 50+ years old and is in c/c of BCA or public body archives
29
Q

What is the harm to personal privacy exception?

A

Section 22 - except in limited circumstances, public bodies must not release your personal information to anyone but you (mandatory) - consider 4 steps in reverse

  1. s22(4) - if type of info is listed here, then disclosure is not unreasonable invasion of privacy and can be released;
  2. s22(3) - if type of info is listed here, then presumed to be unreasonable invasion of privacy (sometimes can be reasonable)
  3. s22(2) - requires body to consider all relevant circumstances surrounding request to decide if will be unreasonable invasion of privacy
30
Q

What are black books and how are they handled under FIPPA?

A

Black books are notebooks, desk diaries, desk calendars or any other item used by public body employees to record their personal and ministry activities, notes of telephone conversations, meetings, lists of things to do, notes of work done, etc.

Black books are subject to the Act - all work-related info is potential releasable, regardless of the form in which is was recorded

31
Q

What is a “record” under FIPPA?

A

“Record” includes books, documents, maps, drawings, photographs, letters, vouchers, papers and other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records.

32
Q

What section establishes the rights of the public under FIPPA?

A

Section 4 - public has right to access all records in the custody and under the control of public bodies

Section 4(2) - public body is obligated to review requested records line-by-line and release any and all info not subject to exceptions if excepted info can be reasonably severed

33
Q

What is “reasonably severed”?

A

Excepted info is removed from the record, and the remaining info is intelligible and responsive to the request

34
Q

What is “custody” of a record?

A

Having physical possession of the record, even though the public body doesn’t necessarily have responsibility for the record. Physical possession normally includes responsibility for access, managing, maintaining, preserving, disposing and providing security

35
Q

What is “control” of a record?

A

Means power or authority to manage record through its lifecycle, including restricting, regulating and administering its use or disclosure - examples:

  1. record created by staff member
  2. created by outside consultant
  3. specified in a contract as being under control of public body
  4. content of record relates to public body’s mandate and functions
  5. public body has authority to regulate the record’s use and disposition
  6. public body has relied upon record to substantial extent
  7. record is closely integrated with other records held by public body
  8. contract permits public body to inspect, review, possess or copy records produced, received or acquired by contractor as result of contract
36
Q

What are some examples of “custody” and “control”?

A

Public body control = semi-active recors of public body, held in off-site storage by BCA (BC Archives)

BCA control = inactive/archival records that have been transferred to BCA under records retention schedule

B’s control = when A stores records for B when B has restricted access

Constituency = constituency records kept separate from ministerial records, not under c/c of ministry

Union steward = records relating to his function are not under public body c/c even if kept on its property

Personal info in black books = severed before disclosure if info not related to duties as an employee

AGBC = records produced by legal counsel, including legal opinions are AG’s records

Municipality = legal opinion by private firm acting as counsel for municipality

Public body = consulting firm retained to report on public management, are in control of public body even if in custody of firm

Public body = agency funded by gov’t grants, records may be in custody and control of public body if body has possession of and has assumed responsibility for agency’s records

37
Q

What is the scope of FIPPA?

A

Section 3 - defines that records that are covered by FIPPA are those in the custody or control of a public body (subject to Section 3(3))

Section 3(3) - records in c/c of officers of the Legislature, their employees and in relation to their service providers are excluded when these records relate to the exercise of the Officer of the Legislature’s function (but not privacy protections, notice provisions and whistle-blower protections)

38
Q

What happens when an FOI request contains questions to be answered?

A

generally refer questions to Communication/Public Affairs offices - don’t need to answer in FOI request

39
Q

Can an applicant ask to view a record?

A

yes

40
Q

Can others access a record on behalf of another person?

A

Yes - s5(1)(b) and s3 of FOIPP Regs

- requires applicant to provide written proof of authority of applicant to make request

41
Q

What are best practices of FOI agent when reviewing request?

A
  • encouraged to discuss request with applicant to sufficiently narrow and clarify request to avoid delays and lessen costs
  • should inform applicant in writing of receipt of request
42
Q

What should an FOI agent do if records are routinely available?

A

Should not process the request formally even if they mention the Act - inform applicant that requested records are routinely available and provide records or state where they can be found

43
Q

What is an applicant has several requests?

A

Can combine or leave separate as appropriate

44
Q

What should an FOI agent do if the request is to seek access to own personal information?

A
  • compare identifying info on request form with info in their possession (name, address, number, signature, handwriting)
  • confirm identity in 2nd step eg. questioning requester on unique personal info, meeting in person and giving photo ID
45
Q

What are the guidelines for extending an FOI request?

A

s10(1)(a) - can extend for another 30 days under specific circumstances eg. if transferred to another public body or if they extend time limit eg.

  • applicant doesn’t given enough detail to find record
  • responding in 30 days would interfere with body’s operations due to fact that large # of records have been requested or must be searched
  • public body requires more time to consult with another body or 3rd party
  • third party asks IPC for review of decision of request
  • public body can ask IPC for further extension after 60 days
46
Q

What can a public body do if there’s a high volume requester?

A

Apply to the IPC under s43 to see if can ignore a high-volume requester, can stop working on requests until decision made

47
Q

What are the minimum requirements for contents of response to formal request?

A

section 8:

  • advise of entitlement to access
  • if giving access, where, when and how access is to be given
  • if not giving access, tell applicant why not, informs applicant of right to ask IPC for review and give applicant contact details of agent who can answer questions
  • can refuse to confirm/deny existence of records
48
Q

What can a public body do if they don’t think they can copy a record?

A
  • arrange for viewing

- arrange to certify that a record is a true copy and arrange to view the certified copy

49
Q

What are the provisions for third party notices?

A

s23 - apply only in cases where public body has received a request for access to records that might contain info excepted in s21 (business interests) or s22 (personal privacy)

  • head of public body must give notice if they intend to give access to record that contains info
  • s23(3) - include statement about request, copy of record or description, statement about 20 days from date of notice to consent/reply in writing
50
Q

What is the general override provision?

A

s25 - head of public body must disclose info where disclosure is clearly in public interest (even if under exceptions)

  • must disclose to applicant/affected individuals which reveals risk of significant harm to environment or health/safety of public or group of people
  • disclosure of which for any other reason is clearly in public interest

BC Privacy (6 decks)

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