Freedom of Information and Protection of Privacy Act (British Columbia)

The Freedom of Information and Protection of Privacy Act (FIPPA) is a British Columbia law that establishes the public's right to access records held by public bodies and protects individuals' privacy with respect to their personal information held by those bodies.

Purpose:

FIPPA serves two primary functions:

• Freedom of Information: It provides a mechanism for individuals to request access to information held by public bodies, including government ministries, agencies, boards, commissions, and local public bodies like municipalities, school boards, and hospitals. This allows the public to hold government accountable and participate more fully in the democratic process.

• Protection of Privacy: It sets rules for how public bodies collect, use, disclose, and store personal information. This aims to safeguard individuals' privacy and prevent misuse of their information. Public bodies must only collect personal information that is necessary for a purpose connected to their functions, and they must protect that information from unauthorized access, use, or disclosure.

Key Provisions:

• Right of Access: Individuals have the right to request access to records under the control of a public body. The public body must respond to the request within a specified timeframe, typically 30 days, and may charge fees for processing the request.

• Exceptions to Access: While the right of access is broad, FIPPA includes exceptions that allow public bodies to withhold information in certain circumstances, such as when disclosure would harm law enforcement, endanger public safety, reveal trade secrets, or violate solicitor-client privilege.

• Privacy Principles: Public bodies must adhere to a set of privacy principles that govern the collection, use, disclosure, and security of personal information. These principles are designed to ensure that personal information is handled fairly and responsibly.

• Information and Privacy Commissioner: The Information and Privacy Commissioner of British Columbia is an independent officer of the legislature who oversees the implementation of FIPPA. The Commissioner investigates complaints, reviews privacy practices, and issues orders to ensure compliance with the Act.

• Appeals: If an individual is denied access to information or believes that a public body has violated their privacy rights, they can appeal to the Information and Privacy Commissioner for review.

Scope:

FIPPA applies to a wide range of public bodies in British Columbia. However, it does not apply to private sector organizations or to the federal government.

Impact:

The Freedom of Information and Protection of Privacy Act has had a significant impact on government transparency and accountability in British Columbia. It has empowered citizens to access information, scrutinize government actions, and protect their privacy. The Act is constantly evolving to address new challenges and technologies.