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Records, Contracts
& the
BC Freedom of Information and Protection of Privacy Act
Who here is subject to the Act?
What is the purpose of FIPPA?
Accountability to the Public• Legislated right to access all government records - specifying
limited exceptions
Protection of Privacy• Provides a right of access to individuals own personal information• Regulates how public bodies collect, use and disclose personal
information • Right to request correction of personal information
BC Transit is a Schedule 2 Public Body and is covered
by FIPPA.
BC Transit must
respond to all requests
openly, accurately completely, and in a timely manner.
Types of Records that are responsive to a request
• Any information recorded or stored by any means whether in hard copy or in electronic format
• Briefing Notes• Contractor Records• Email• Blackberry Records• Black Books • Transitory Records
.
What Records are Covered Under FIPPA?
All records in the custody or under the control of a public body.
• “Custody ” means having physical possession of a record.
• “Control” means the power or authority to manage the record
throughout its life cycle, including restricting, regulating and
administering its use or disclosure.
Contractor or Service Provider Records
• In general, records created by service providers of BC Transit that relate directly to the provision of services under the contract are under the control of BC Transit, which means they are subject to requests under FIPPA.
• The price of doing business with government is a degree of scrutiny not
found in purely private business deals.
• The Act balances the public interest in scrutinizing government spending on contracts with the public interest in avoiding harm to private business interests through disclosure of businesses’ informational assets.
An Access Request – What happens?
• Not all records are automatically released.
• A line by line review
• Disclosure is the rule, not the exception.
• Three mandatory exceptions. Information must not be released if disclosure of the records would:
• Reveal cabinet confidences • Cause significant harm to the business interests of a third party – Sec. 21• Result in an unreasonable invasion of someone’s privacy
Third party business interests
Section 21 exceptions – A three part test and all three parts must be met:
1. Trade secrets or scientific, technical, commercial, financial or labour relations information
2. Information was supplied, implicitly or explicitly in confidence
3. Disclosure could significantly harm the business interests of the third party
Access to Records Relating to a Contract
• BC Transit may review the records and conclude that disclosure of the information might harm business interests under section 21.
• If BC Transit intends to disclose that information, the third party will be given the following notice:
• That a record has been requested by an applicant which may contain information the disclosure of which may affect the interests of or invade the personal privacy of the third party,
• A description of the contents of the record (or more commonly, a copy of the record)
• Inform that within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed.
Third Party Request for Review• May appeal a BC Transit decision to release information with the Information and Privacy
Commissioner
• The appeal (“request for review”) must be in writing and delivered to the Commissioner.
• BC Transit must give at least 20 days notice to allow for an appeal to the Commissioner before records are released
• Once appeal is filed, no records subject to the appeal will be released pending the outcome of the appeal
• The third party, not BC Transit must prove why the records meet all three parts of the test and should be withheld.
• Appeal will be mediated or disposed of by way of a binding public order. • An Order is legally binding and all rulings must be acted upon with 30 days of the Order
being issued.
CCTV Roll Out
Best Advice• Understand the context in which you are doing business--private
arrangements with government are not the same as purely private arrangements.
• Absolute confidentiality does not exist.
• The Act provides protection for sensitive commercial information.
• Familiarize yourself with the FOI Act and other relevant disclosure policies.
• Determine ahead of time what information is not harmful or confidential and what might be routinely or proactively disclosed.
Websites
Freedom of Information and Protection of Privacy Act:
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00
Office of the Information and Privacy Commissioner:
http://www.oipc.bc.ca/
Questions?Questions, comments or concerns please contact:
Jackie Hendry, Manager, Corporate [email protected] 250-995-5679
Stephen Brydon, Manager, Climate [email protected] 250-995-5648
