(NOTE: This electronic version of the Office of the Information and Privacy Commissioner's Annual Report 1996-97 includes corrections for clerical errors that exist in the printed copy.)

III. Introduction

This is the Office of the Information and Privacy Commissioner's fourth Annual Report. It explains the mandate and role of the Commissioner and his Office, provides some information about the principles and practices of the Freedom of Information and Protection of Privacy Act, and gives some examples of the Commissioner's Orders and investigations under the Act. It also provides some commentary on larger information and privacy issues of concern, such as the upcoming four-year legislative review of the Act.

Background

The Office of the Information and Privacy Commissioner was created by government to promote, uphold, and protect the information and privacy rights of individuals, as set out in the Freedom of Information and Protection of Privacy Act.

The Act was proclaimed on October 4, 1993. It applied to government ministries, agencies, and Crown corporations. On November 2, 1994, the Act took effect to include local public bodies, such as municipalities, school boards, hospitals, municipal police departments, universities, and colleges. On November 6, 1995, the Act was expanded to include all self-governing professional bodies, such as the Law Society of British Columbia, the College of Physicians and Surgeons, and the British Columbia College of Teachers.

Currently, the Act covers over 2,200 public bodies in British Columbia and 33 self-governing professional bodies.

The Commissioner

The Information and Privacy Commissioner is an Officer of the Legislature of British Columbia. Like other Officers of the Legislature, such as the Ombudsman and the Auditor General, the Commissioner is independent of government. He reports to the Speaker of the House, who represents the entire Legislature. This independence is essential to the Commissioner's ability to provide an impartial review of government's compliance with
the Act. The Commissioner is appointed for a six-year, non-renewable term of office.

The Commissioner conducts investigations, issues binding orders requiring a public body to comply with the Act, and comments on the implications for access to information or protection of privacy of proposed legislative schemes or programs. The Commissioner also promotes the principles of the Act through public education, research, and active involvement in the information and privacy community.

The Freedom of Information and
Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act sets out two major rights for individuals: the right of access to records in the custody or under the control of a public body, including an individual's own personal information, and the right of protection of the privacy of personal information in the custody or under the control of a public body. An individual also has the right to see his or her information and to request that it be corrected if there are mistakes.

The Act also has strict standards for the collection, use, and disclosure of personal information by public bodies. These standards are often referred to as fair information practices and comprise an individual's specific privacy rights under the Act.

The Freedom of Information and Protection of Privacy Act contains limited exceptions to the general information and privacy rights set out in the Act. For example, when requesting records from a public body, individuals will not be able to access Cabinet confidences, another individual's personal information, or information that could harm a third party's business interests. Individuals also will not generally be able to access records that could harm law enforcement, the economic or financial interests of a public body, other individuals, or the public. Exceptions to the protection of the privacy of personal information include information that may be disclosed if it is in the public interest, if there are compelling circumstances affecting anyone's health or safety, or for law enforcement purposes.

The Commissioner seeks to ensure that exceptions to the right of access and protection of privacy are applied narrowly and that the Act is interpreted in a spirit of openness. For example, if only part of a record contains information that should not be disclosed, then the Commissioner will require a public body to sever the record or create a summary so that other portions may still be disclosed to the applicant.

Public Bodies

The role of public bodies under the Freedom of Information and Protection of Privacy Act is to apply the specific requirements of the Act to each request for information that they receive. Public bodies must also protect the privacy of the personal information that is in their custody or under their control. Further, they have a duty to assist applicants under the Act. However, since public bodies are also bound by the Act's exceptions to disclosure, public bodies must weigh requests for information carefully. They must exercise their discretion to strike the correct balance between an applicant's general right of access to information and the possible exceptions to its disclosure under the Act.

The Commissioner seeks to ensure that public bodies apply the Act in a consistent and thoughtful manner. His office provides an avenue of review for those individuals who are not satisfied with the decision of a public body about records or its protection of the privacy of personal information.

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