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

{{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.

==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 [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 [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===

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.

===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.

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.

===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.

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 [https://www.oipc.bc.ca/for-the-public/how-do-i-make-a-complaint/ oipc.bc.ca] explains the process to make a complaint.

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]

 

 

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