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Difference between revisions of "Freedom of Information and Protection of Privacy"
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Freedom of Information and Protection of Privacy (view source)
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{{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}} | {{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 | 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=== | ===You have a right to certain information=== | ||
In British Columbia, your information and privacy rights are protected by two main laws. | In British Columbia, your information and privacy rights are protected by two main laws. | ||
The | 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). | ||
In addition, the | 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. | ||
===You have a right to privacy=== | ===You have a right to privacy=== | ||
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===How do I request access to information?=== | ===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. | 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. | 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. | ||
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===How long does a public body or an organization have to respond?=== | ===How long does a public body or an organization have to respond?=== | ||
FIPPA gives public bodies | 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. | 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. | ||
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===What can I do if my 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 | 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 [https://www.oipc.bc.ca/for-the-public/how-do-i-request-a-review/ oipc.bc.ca] for how to ask for a review. | 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. | ||
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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 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. | ||
== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
The '''Office of the Information & Privacy Commissioner''' | The '''Office of the Information & Privacy Commissioner for BC''' oversees and enforces British Columbia's access to information and privacy laws. | ||
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. | * Call 250-387-5629 in Victoria | ||
* Call Enquiry BC at 1-800-663-7867 (toll-free) | |||
* [https://www.oipc.bc.ca/ 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. | |||
* [https://fipa.bc.ca/ Visit website] | |||
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