On November 4, 1994, the Freedom of Information and Protection of Privacy Act. was proclaimed for local public bodies. The Act represents the government's legislative commitment to make public bodies more accountable to the public and to protect personal privacy.

The Act gives individuals rights to access information held by local government and protects their privacy by placing restrictions on local governments when collecting or disclosing personal information. This means that there is now a legislated set of rules governing what information can and cannot be released. Information currently released will continue to be made available except if the information is personal information. The Act does not replace other procedures for access or limit access to information - other than personal information - that is currently available to the public.
For further details see:

FOI - A Brief Guide
Requesting Records
Protecting Your Privacy
The Commissioner
How to Contact the Commissioner's Office

or contact the City Clerk's Office at 604-541-2127 or . To request records from the City of White Rock, click here to download a PDF form.

Freedom of Information & Protection of Privacy Act

A Brief Guide

What is the Freedom of Information and Protection of Privacy Act?
The Freedom of Information and Protection of Privacy Act is a law that came into effect in British Columbia in 1994. The Act provides individuals with specific information and privacy rights with regards to information that is collected or controlled by public bodies in British Columbia.
What are my information and privacy rights under the Act?
You have two major rights under the Freedom of Information and Protection of Privacy Act:

• the right of access to records in the custody or under the control of a public body, including your own personal information, and
• the right of protection of the privacy of your personal information in the custody or under the control of a public body

You also have several related rights, such as the right to request correction of your personal information if you think it is inaccurate, and the right to ask the Information and Privacy Commissioner to investigate if you think your rights are not being upheld.

What are "records"?
Records are books, documents, maps, drawings, photographs, letters, vouchers, papers, and information that is recorded or stored on a computer, audio cassette, or videotape.

What are "public bodies"?
Public bodies include most provincial government, local government, and self-governing professional bodies in British Columbia. They are ministries, agencies, boards, and crown corporations; hospitals, municipalities, regional districts, municipal police, school districts, universities, and colleges; and numerous professional bodies, such as the British Columbia College of Teachers, the College of Physicians and Surgeons, and the Law Society of British Columbia. The Act does not apply to private businesses or associations.

What is "personal information"?
Personal information is any recorded information that uniquely identifies you, such as your name, address, telephone number, age, sex, race, religion, sexual orientation, disability, fingerprints, or blood type. It also includes your health care, educational, financial, criminal, or employment history and anyone else's opinions about you or your own views or opinions.

Are there any exceptions to my information and privacy rights under the Act?
Yes. If you are requesting records from a public body, you will not get access to in-camera/special council confidences, someone else's personal information, or information that could harm another individual's business interests. You also will not generally get access to records that could harm law enforcement, the economic or financial interests of a public body, other individuals, or the public. Further, although you can expect a public body to protect the privacy of your personal information, it has the authority to release your information to others in certain circumstances, such as for law enforcement or to protect someone else's health or safety.

How do I exercise my rights?
If you want access to records in the custody or under the control of a public body, you may request them directly from the public body. If you are concerned about a public body's protection of the privacy of your personal information, you may complain directly to the public body. If you are dissatisfied with how a public body responds to your request or your complaint, you have the right to ask the Information and Privacy Commissioner to investigate.

Back to Top

Requesting Records

How do I request records?
Write to the Information and Privacy office of the public body that you think has the records you want. Describe the records as clearly and completely as possible and request access to them. Normally, a public body must respond to your request within 30 days. If a public body needs additional time to respond, it must tell you so and explain why. It also must tell you when you can expect its full response. You have the right to complain to the Information and Privacy Commissioner about a public body's extension of time.

What kind of response can I expect?
If a public body does not have the records you requested, it will tell you and may transfer or refer your request to the public body that does. If a public body does have the records you requested, it may release all or parts of them to you. If a public body refuses to release all or parts of records to you, it must tell you why. It also must tell you that you have the right to request a review of its decision by the Information and Privacy Commissioner within 30 days.

Does it cost money to request records?
A public body cannot charge you for access to your own personal information. It may, however, charge you for access to non-personal information if it takes more than three hours to find or prepare the records for release. It also may charge you for the cost of copying and sending records to you. If a public body intends to charge a fee for records, it must first give you a fee estimate. It also has the authority to excuse a fee. You have the right to complain to the Information and Privacy Commissioner about a fee.
Back to Top


Protecting Your Privacy

What are my privacy rights under the Act?
The Freedom of Information and Protection of Privacy Act contains rules that a public body must follow when it wants to collect, use, or disclose your personal information. These rules are your privacy rights under the Act. They are often called "fair information practices." For example:

• A public body may only collect your personal information if it has legal authority to collect it, if the information is for law enforcement purposes, or if it is necessary for one of the public body's operating programs.
• A public body must tell you the purpose for collecting your personal information and give you the business title, address, and telephone number of one of its officers or employees who can answer your questions about the collection.
• A public body may only use your personal information for the purpose it was collected, for a consistent purpose, with your consent, or for one of the specified purposes in the Act, such as law enforcement or to protect individual or public health or safety.
• A public body may only disclose your personal information for the purpose it was collected, for a consistent purpose, with your consent, or for one of the specified purposes in the Act, such as law enforcement or to protect individual or public health or safety.
• A public body must make reasonable efforts to ensure that your personal information in its records is accurate and complete.
• A public body must correct your personal information if you requested it, or make a note beside it showing the correction you requested.
• A public body must make reasonable security arrangements to protect your personal information from unauthorized access, use or disclosure.

What if I think my privacy rights are not being protected by a public body?
Write to the Commissioner's Office and complain. Include the name of the public body and describe the suspected violation. The Commissioner's Office may investigate.
Does it cost money to make a privacy complaint?
There is no fee for complaining to the Commissioner's Office.

How is a privacy complaint resolved?
A Portfolio Officer will contact you to discuss your complaint. Portfolio Officers have authority from the Commissioner to investigate complaints and to make recommendations to the Commissioner and the public body for a resolution. If the Portfolio Officer finds that a public body has violated your privacy rights, the Commissioner may require the public body to change the way it collects, uses, discloses or secures your personal information. If your complaint raises issues affecting the privacy rights of a significant number of people, the Commissioner may issue a formal Investigation Report describing the public body's responsibilities under the Act. If the findings of the Portfolio Officer's investigation do not support your complaint, then the Commissioner may dismiss it.
Is there any compensation for a violation of my privacy rights under the Act?
The Freedom of Information and Protection of Privacy Act does not provide for compensation for a violation of privacy rights. You may receive an official apology from a public body, but the Commissioner cannot make monetary awards to complainants or penalize public bodies in other ways.

Back to Top

The Commissioner

Who is the Information and Privacy Commissioner?
The Information and Privacy Commissioner is an Officer of the Legislature of British Columbia. The Commissioner is an independent official appointed by government to promote and protect your information and privacy rights. These rights and the Commissioner's role are described in the Freedom of Information and Protection of Privacy Act.

What is the Commissioner's role?
The Commissioner monitors how public bodies respond to your requests for access to information and how they protect the privacy of your personal information. If there is a dispute between you and a public body about your information and privacy rights, the Commissioner has the authority to investigate. The Commissioner ensures that your rights under the Act are protected and that disputes are resolved in a fair and unbiased manner.

What are the Commissioner's powers?

The Commissioner may :

• review a public body's decision about a request for records under the Act;
• order a public body to release or to withhold records;
• investigate a complaint about a public body's protection of the privacy of personal information;
• require a public body to take steps to better protect your privacy;
• conduct audits or investigations of public bodies to ensure they comply with the information and privacy requirements of the Act;
• comment on proposed laws affecting information and privacy rights; and
• inform you about your information and privacy rights.
What is a request for review?
A request for review is an appeal to the Information and Privacy Commissioner about a public body's decision about records. Under the Freedom of Information and Protection of Privacy Act, the Commissioner may review any decision, act, or failure to act of a public body relating to a request for records. This includes decisions about the release of records, corrections to records, time extensions, and fees.

How do I request a review?
Write to the Commissioner's Office within 30 days of receiving a public body's written decision about records and ask the Commissioner to review it. Attach a copy of your original request to the public body and a copy of the public body's response to you.

Does it cost money to request a review?
There is no fee for requesting a review of a public body's decision about records.

What happens during a review?
The Commissioner's Office has 90 days to investigate and consider your case. A Portfolio Officer will review the public body's decision, discuss the matter with you and the public body, and look at any records in dispute. Portfolio Officers have authority from the Commissioner to assist you and the public body to resolve your dispute by mediation. If you and the public body agree to a mediated settlement, then your case is considered resolved. If you and the public body are unable to reach a settlement, then your request for review will proceed to a formal inquiry before the Commissioner.

What is a formal inquiry?
A formal inquiry is like a court case. It is conducted by the Commissioner and may be oral or written. During an inquiry, you and the public body will have the opportunity to present your arguments to the Commissioner. The Commissioner also may allow other individuals who have an interest in the case to present arguments. Then you and the public body will be given the opportunity to respond to each other's arguments. The Commissioner will consider all presentations and will examine any records in dispute. At the end of the inquiry, the Commissioner will issue a written decision called an Order.

What is an Order?
A Commissioner's Order is the final decision about a particular issue or dispute under the Freedom of Information and Protection of Privacy Act. An Order outlines the important issues of a case and explains how the Act applies. An Order may require a public body to release all or part of a record to you or to withhold all or part of it from you. An Order also may settle disputes about time extensions, corrections to records, or fees.

What if I am unhappy with the Commissioner's Order?
The Commissioner's Orders are binding. There is no further appeal process under the Freedom of Information and Protection of Privacy Act. You can ask the British Columbia Supreme Court to review a Commissioner's Order, but you may have to pay your own legal and administrative costs.

Back to Top

How To Contact The Commissioner's Office

If you would like more information about the Freedom of Information and Protection of Privacy Act, the Commissioner's Office, or about how to request a review or make a privacy complaint, you may contact the Commissioner's Office by mail, facsimile, telephone, or e-mail at:

Office of the Information and Privacy Commissioner for BC
Fourth Floor, 1675 Douglas Street,
Victoria, British Columbia, Canada V8V 1X4
Telephone: (250) 387-5629
Facsimile: (250) 387-1696

For toll free access within British Columbia, call Enquiry BC at one of the numbers listed below and ask to be transferred to 387-5629:

Vancouver: (604) 660-2421
Elsewhere in British Columbia: 1-800-663-7867
E-mail: info@oipcbc.org

You also may view electronic copies of the Freedom of Information and Protection of Privacy Act, the Commissioner's Orders, Investigation Reports, annual reports, and other information and privacy materials or contacts on the Information and Privacy Commissioner's web site at: www.oipcbc.org

Back to Top

Copyright © 2006 The City of White Rock