Freedom of Information and Protection of Privacy Act

1198514681/96165/tlc96165_f

E4tlc96165

Introductory Provisions

Definitions

Schedule 1 contains

definitions of terms used in this Act.

Purposes of this Act

The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by

giving the public a right of access to records,

giving individuals a right of access to, and a right to request correction of, personal information about themselves,

specifying limited exceptions to the right of access,

preventing the unauthorized collection, use or disclosure of personal information by public bodies, and

providing for an independent review of decisions made under this Act.

This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public.

Application

Subject to subsections (3) to (5), this Act applies to all records in the custody or under the control of a public body, including court administration records.

Part 3 applies

to all employees, officers and directors of a public body, and

in the case of an employee that is a service provider, to all employees and associates of the service provider.

This Act does not apply to the following:

a court record;

a record of

a judge of the Court of Appeal, Supreme Court or Provincial Court,

an associate judge of the Supreme Court, or

iii

a justice of the peace;

a judicial administration record;

a record relating to support services provided to a judge of a court referred to in paragraph (b) (i);

a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity;

a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under

an Act;

f.1

a record that was, before the coming into force of this paragraph, created by or for the merit commissioner appointed under

section 5.01 of the Public Service Act , as that

section read immediately before its repeal, and that relates to the exercise of functions under that Act;

a record that was created by or for the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act;

a record of a question or answer to be used on an examination or test;

a record containing teaching or research materials of

a faculty member, as defined in the College and Institute Act and the University Act , of a post-secondary educational body,

a teaching assistant or research assistant employed at a post-secondary educational body, or

iii

another person teaching or carrying out research at a post-secondary educational body;

a record placed in the archives of a public body, or the digital archives or museum archives of government, by or for a person or agency other than a public body;

a record relating to a prosecution if not all proceedings in respect of the prosecution have been completed;

a record of a service provider that is not related to the provision of services for a public body.

Despite subsection (3) (f), in respect of a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under

an Act, the following sections apply to the officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider:

section 25.1 [unauthorized collection, use and disclosure of personal information prohibited] as it relates to unauthorized disclosure of personal information;

section 30 [protection of personal information] ;

section 30.3 [whistle-blower protection] ;

section 30.5 (2) [notification of unauthorized disclosure] ;

section 33 [disclosure of personal information] ;

section 33.1 [disclosure outside of Canada] ;

section 65.3 [offence to wilfully evade access provisions] ;

section 65.4 [privacy offences] ;

section 65.5 [corporate liability] ;

section 65.6 [penalties] .

4.01

Despite subsection (3) (f.1), in respect of a record referred to in that provision, the sections listed in subsection (4) (

a) to (

j) apply to a public body, including all employees, officers or directors of the public body and, in the case of an employee that is a service provider, all employees and associates of the service provider, that has the record in its custody or under its control.

4.1

Despite subsection (3) (g), in respect of a record that was created by or for the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act, the sections listed in subsection (4) (

a) to (

j) of this

section apply to a public body, including all employees, officers or directors of the public body and, in the case of an employee that is a service provider, all employees and associates of the service provider, that has the record in its custody or under its control.

Part 2 does not apply to the following:

a record that is available for purchase by the public;

a record that does not relate to the business of the public body;

a record of metadata that

is generated by an electronic system, and

describes an individual's interaction with the electronic system;

an electronic record that has been lawfully deleted by an employee of a public body and can no longer be accessed by the employee;

a record that the public body, the Attorney General or the government of British Columbia is required by law, as part of a proceeding, to produce, list or identify

to the applicant, or

in the case of an applicant who is acting on behalf of or under the direction of another person, to that person.

5.1

A reference in subsection (5) (

e) to a record that is required by law to be produced, listed or identified as part of a proceeding includes a record that is not specifically listed or identified, but that falls within a general class of records that is listed or identified as part of the proceeding.

This Act does not limit the information available by law to a party to a proceeding.

If a provision of this Act is inconsistent or in conflict with a provision of another Act, this Act prevails unless the other Act expressly provides that it, or a provision of it, applies despite this Act.

Freedom of Information

Information Rights and How to Exercise Them

Information rights

Subject to subsections (2) and (3), an applicant who makes a request under

section 5 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant.

The right of access to a record does not extend to information that is excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

The right of access to a record is subject to the payment of fees, if any, required under

section 75.

How to make a request

To obtain access to a record, the applicant must make a written request that

provides enough detail to enable an experienced employee of the public body, with a reasonable effort, to identify the record sought,

provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and

is submitted to the public body that the applicant believes has custody or control of the record.

The applicant may ask for a copy of the record or ask to examine the record.

Duty to assist applicants

The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely.

Moreover, the head of a public body must create for an applicant a record to which

section 4 gives a right of access if

the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and

creating the record would not unreasonably interfere with the operations of the public body.

Time limit for responding

Subject to this

section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in

section 5 (1).

The head of the public body is not required to comply with subsection (1) if

the time limit is extended under

section 10, or

the request has been transferred under

section 11 to another public body.

If the head of a public body asks the commissioner under

section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under

section 43 to the end of the day a decision is made by the commissioner with respect to that application.

If the head of a public body determines that an applicant is to pay fees under

section 75 (1) (

a) or (b), the 30 days referred to in subsection (1) of this

section do not include the period of time from that determination until one of the following occurs:

the head of the public body excuses the applicant from paying all of the fees for services;

the head of the public body excuses the applicant from paying some of the fees for services and the applicant agrees to pay the remainder and, if required by the head of the public body, pays the deposit required;

the applicant agrees to pay the fees for services set out in the written estimate and, if required by the head of the public body, pays the deposit required;

the applicant pays the application fee.

If an applicant asks the commissioner under

section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of a fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision.

If a third party asks under

section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested.

If a person asks under

section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested.

Contents of response

In a response under

section 7, the head of the public body must tell the applicant

whether or not the applicant is entitled to access to the record or to part of the record,

if the applicant is entitled to access, where, when and how access will be given, and

if access to the record or to part of the record is refused,

the reasons for the refusal and the provision of this Act on which the refusal is based,

the contact information of an officer or employee of the public body who can answer the applicant's questions about the refusal, and

iii

that the applicant may ask for a review under

section 53 or 63.

Despite subsection (1) (c) (i), the head of a public body may refuse in a response to confirm or deny the existence of

a record containing information described in

section 15 [information harmful to law enforcement] , or

a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy.

How access will be given

If an applicant is told under

section 8 (1) that access will be given, the head of the public body must comply with subsection (2), (2.1) or (3) of this section.

If the applicant has asked for a copy under

section 5 (2) and the record can reasonably be reproduced, a copy of the record or part of the record must be provided with the response.

2.1

If the applicant has asked for a copy under

section 5 (2) in electronic form and it is reasonable to provide the record in that form, a copy of the record or part of the record must be provided in that form with the response.

If the applicant has asked to examine the record under

section 5 (2) or if the record cannot be provided in accordance with subsection (2) or (2.1) of this section, as applicable, the applicant must

be permitted to examine the record or part of the record if the record or part of the record can reasonably be examined, or

be given access in accordance with the regulations.

Extending the time limit for responding

The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply:

the applicant does not give enough detail to enable the public body to identify a requested record;

a large number of records are requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body;

more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record.

[Repealed 2026-19-4.]

1.1

If an applicant consents in the prescribed manner to an extension, the head of a public body may extend the time for responding to the applicant's request by the period to which the applicant has consented.

In addition to the authority under subsections (1) and (1.1) , with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows:

if one or more of the circumstances described in subsection (1) (

a) to (

c) apply, for a period of longer than the 30 days permitted under that subsection;

if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate.

If the time for responding to a request is extended under this section, the head of the public body must tell the applicant

the reason for the extension,

when a response can be expected, and

in the case of an extension under subsection (1) (

a) to (c), that the applicant may complain about the extension under

section 42 (2) (

b) or 60 (1) (a).

Transferring a request

Within 20 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

the head of the public body is satisfied that the request meets the requirements of

section 5 (1), and

one or more of the following applies:

the record was produced by or for the other public body;

the other public body was the first to obtain the record;

iii

the record is in the custody or under the control of the other public body.

If a request is transferred under subsection (1), the head of the public body who transferred the request must notify the applicant of the transfer.

If the head of the public body to which a request is transferred under subsection (1) is satisfied that the request meets the requirements of

section 5 (1) (

a) and (b), the head of the public body must respond to the applicant

in accordance with

section 8, and

not later than 30 days after the request is received by that public body, unless this time limit is extended under

section 10.

Exceptions

Cabinet and local public body confidences

The head of a public body must refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees.

Subsection (1) does not apply to

information in a record that has been in existence for 15 or more years,

information in a record of a decision made by the Executive Council or any of its committees on an appeal under

an Act, or

information in a record the purpose of which is to present background explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if

the decision has been made public,

the decision has been implemented, or

iii

5 or more years have passed since the decision was made or considered.

The head of a local public body may refuse to disclose to an applicant information that would reveal

a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private Bill, or

the substance of deliberations of a meeting of its elected officials or of its governing body or a committee of its governing body, if

an Act or a regulation under this Act authorizes the holding of that meeting in the absence of the public.

Subsection (3) does not apply if

the draft of the resolution, bylaw, other legal instrument or private Bill or the subject matter of the deliberations has been considered in a meeting open to the public, or

the information referred to in that subsection is in a record that has been in existence for 15 or more years.

The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section.

A committee may be designated under subsection (5) only if

the Lieutenant Governor in Council considers that

the deliberations of the committee relate to the deliberations of the Executive Council, and

the committee exercises functions of the Executive Council, and

at least 1/3 of the members of the committee are members of the Executive Council.

In subsections (1) and (2), committee includes a committee designated under subsection (5).

Policy advice or recommendations

The head of a public body may refuse to disclose to an applicant information that would reveal advice or recommendations developed by or for a public body or a minister.

The head of a public body must not refuse to disclose under subsection

(1) any factual material,

a public opinion poll,

a statistical survey,

an appraisal,

an economic forecast,

an environmental impact statement or similar information,

a final report or final audit on the performance or efficiency of a public body or on any of its policies or its programs or activities,

a consumer test report or a report of a test carried out on a product to test equipment of the public body,

a feasibility or technical study, including a cost estimate, relating to a policy or project of the public body,

a report on the results of field research undertaken before a policy proposal is formulated,

a report of a task force, committee, council or similar body that has been established to consider any matter and make reports or recommendations to a public body,

a plan or proposal to establish a new program or activity or to change a program or activity, if the plan or proposal has been approved or rejected by the head of the public body,

information that the head of the public body has cited publicly as the basis for making a decision or formulating a policy, or

a decision, including reasons, that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of the applicant.

Subsection (1) does not apply to information in a record that has been in existence for 10 or more years.

Legal advice

The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege.

Disclosure harmful to law enforcement

The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to

harm a law enforcement matter,

prejudice the defence of Canada or of any foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism,

harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement,

reveal the identity of a confidential source of law enforcement information,

reveal criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,

endanger the life or physical safety of a law enforcement officer or any other person,

reveal any information relating to or used in the exercise of prosecutorial discretion,

deprive a person of the right to a fair trial or impartial adjudication,

reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment,

facilitate the escape from custody of a person who is under lawful detention,

facilitate the commission of an offence under an enactment of British Columbia or Canada, or

harm the security of any property or system, including a building, a vehicle, a computer system or a communications system.

The head of a public body may refuse to disclose information to an applicant if the information

is in a law enforcement record and the disclosure would be an offence under

an Act of Parliament,

is in a law enforcement record and the disclosure could reasonably be expected to expose to civil liability the author of the record or a person who has been quoted or paraphrased in the record, or

is about the history, supervision or release of a person who is in custody or under supervision and the disclosure could reasonably be expected to harm the proper custody or supervision of that person.

The head of a public body must not refuse to disclose under this

section

a report prepared in the course of routine inspections by an agency that is authorized to enforce compliance with

an Act,

a report, including statistical analysis, on the degree of success achieved in a law enforcement program or activity unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters referred to in subsection (1) or (2), or

statistical information on decisions under the Crown Counsel Act to approve or not to approve prosecutions.

The head of a public body must not refuse, after a police investigation is completed, to disclose under this

section the reasons for a decision not to prosecute

to a person who knew of and was significantly interested in the investigation, including a victim or a relative or friend of a victim, or

to any other member of the public, if the fact of the investigation was made public.

Disclosure harmful to intergovernmental relations or negotiations

The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to

harm the conduct by the government of British Columbia of relations between that government and any of the following or their agencies:

the council of a municipality or the board of a regional district;

iii

an Indigenous governing entity;

the government of a foreign state;

an international organization of states,

reveal information received in confidence from a government, council or organization listed in paragraph (

a) or their agencies, or

harm the conduct of negotiations relating to Indigenous self-government or treaties.

Moreover, the head of a public body must not disclose information referred to in subsection (1) without the consent of

the Attorney General, for law enforcement information, or

the Executive Council, for any other type of information.

Subsection (1) does not apply to information that is in a record that has been in existence for 15 or more years unless the information is

law enforcement information, or

information referred to in subsection (1) (a) (iii) or (c).

Disclosure of judicial comments on legislation or policy

16.1

In this section, judicial officer means a judge, associate judge or justice of the peace referred to in

section 3 (3) (b).

The head of a public body may refuse to disclose to an applicant information that would reveal the substance of a communication of a judicial officer, or a communication made on behalf of a judicial officer, to a public body respecting a proposed or existing policy, program or enactment.

Disclosure harmful to the financial or economic interests of a public body

The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to harm the financial or economic interests of a public body or the government of British Columbia or the ability of that government to manage the economy, including the following information:

trade secrets of a public body or the government of British Columbia;

financial, commercial, scientific or technical information that belongs to a public body or to the government of British Columbia and that has, or is reasonably likely to have, monetary value;

plans that relate to the management of personnel of or the administration of a public body and that have not yet been implemented or made public;

information the disclosure of which could reasonably be expected to result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party;

information about negotiations carried on by or for a public body or the government of British Columbia;

information the disclosure of which could reasonably be expected to harm the negotiating position of a public body or the government of British Columbia.

The head of a public body may refuse to disclose under subsection (1) research information if the disclosure could reasonably be expected to deprive the researcher of priority of publication.

The head of a public body must not refuse to disclose under subsection (1) the results of product or environmental testing carried out by or for that public body, unless the testing was done

for a fee as a service to a person, a group of persons or an organization other than the public body, or

for the purpose of developing methods of testing.

Disclosure harmful to the conservation of heritage sites, etc.

The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to result in damage to, or interfere with the conservation of,

fossil sites, natural sites or sites that have an anthropological or heritage value,

an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates, or

any other rare or endangered living resources.

Disclosure harmful to interests of an Indigenous people

18.1

The head of a public body must refuse to disclose information if the disclosure could reasonably be expected to harm the rights of an Indigenous people to maintain, control, protect or develop any of the following with respect to the Indigenous people:

cultural heritage;

traditional knowledge;

traditional cultural expressions;

manifestations of sciences, technologies or cultures.

Subsection (1) does not apply if the Indigenous people has consented in writing to the disclosure.

Disclosure harmful to individual or public safety

The head of a public body may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure could reasonably be expected to

threaten anyone else's safety or mental or physical health, or

interfere with public safety.

The head of a public body may refuse to disclose to an applicant personal information about the applicant if the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health.

Information that will be published or released within 60 days

The head of a public body may refuse to disclose to an applicant information

[Repealed 2011-17-6.]

that, within 60 days after the applicant's request is received, is to be published or released to the public, or

that must be published or released to the public under an enactment.

The head of a public body must notify an applicant of the publication or release of information that the head has refused to disclose under subsection (1).

If the information referred to in subsection (1) (

b) is not published or released to the public within 60 days after the applicant's request is received, the head of the public body must disclose the information to the applicant on, or within 30 days of, that date unless the head of the public body is authorized or required to refuse to disclose the information under other sections of this Division.

Disclosure harmful to business interests of a third party

The head of a public body must refuse to disclose to an applicant information

that would reveal

trade secrets of a third party, or

commercial, financial, labour relations, scientific or technical information of or about a third party,

that is supplied, implicitly or explicitly, in confidence, and

the disclosure of which could reasonably be expected to

harm significantly the competitive position or interfere significantly with the negotiating position of the third party,

result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied,

iii

result in undue financial loss or gain to any person or organization, or

reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.

The head of a public body must refuse to disclose to an applicant information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax.

Subsections (1) and (2) do not apply if

the third party consents to the disclosure, or

the information is in a record that is in the custody or under the control of the digital archives or museum archives of government or the archives of a public body and that has been in existence for 50 or more years.

Disclosure harmful to personal privacy

The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy.

In determining under subsection (1) or (3) whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the head of a public body must consider all the relevant circumstances, including whether

the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny,

the disclosure is likely to promote public health and safety or to promote the protection of the environment,

the personal information is relevant to a fair determination of the applicant's rights,

the disclosure will assist in researching or validating the claims, disputes or grievances of Indigenous peoples,

the third party will be exposed unfairly to financial or other harm,

the personal information has been supplied in confidence,

the personal information is likely to be inaccurate or unreliable,

the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and

the information is about a deceased person and, if so, whether the length of time the person has been deceased indicates the disclosure is not an unreasonable invasion of the deceased person's personal privacy.

A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if

the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation,

the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,

the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels,

the personal information relates to employment, occupational or educational history,

the personal information was obtained on a tax return or gathered for the purpose of collecting a tax,

the personal information describes the third party's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness,

the personal information consists of personal recommendations or evaluations, character references or personnel evaluations about the third party,

the disclosure would reveal

the identity of a third party who supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation, or

the content of a personal recommendation or evaluation, character reference or personnel evaluation supplied, in confidence, by a third party, if the applicant could reasonably be expected to know the identity of the third party,

the personal information indicates the third party's racial or ethnic origin, sexual orientation or religious or political beliefs or associations, or

the personal information consists of the third party's name, address, or telephone number and is to be used for mailing lists or solicitations by telephone or other means.

A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if

the third party has, in writing, consented to or requested the disclosure,

there are compelling circumstances affecting anyone's health or safety and notice of disclosure is mailed to the last known address of the third party,

an enactment of British Columbia or Canada authorizes the disclosure,

the disclosure is for a research or statistical purpose and is in accordance with

section 33 (3) (h),

the information is about the third party's position, functions or remuneration as an officer, employee or member of a public body or as a member of a minister's staff,

the disclosure reveals financial and other details of a contract to supply goods or services to a public body,

public access to the information is provided under the Financial Information Act ,

the information is about expenses incurred by the third party while travelling at the expense of a public body,

the disclosure, in respect of

a licence, a permit or any other similar discretionary benefit, or

a degree, a diploma or a certificate,

reveals any of the following with respect to the applicable item in subparagraph (

i) or (ii):

iii

the name of the third party to whom the item applies;

what the item grants or confers on the third party or authorizes the third party to do;

the status of the item;

the date the item was conferred or granted;

vii

the period of time the item is valid;

viii

the date the item expires, or

the disclosure, in respect of a discretionary benefit of a financial nature granted to a third party by a public body, not including personal information referred to in subsection (3) (c), reveals any of the following with respect to the benefit:

the name of the third party to whom the benefit applies;

what the benefit grants to the third party;

iii

the date the benefit was granted;

the period of time the benefit is valid;

the date the benefit ceases.

On refusing, under this section, to disclose personal information supplied in confidence about an applicant, the head of the public body must give the applicant a

summary of the information unless

the

summary cannot be prepared without disclosing the identity of a third party who supplied the personal information, or

with respect to subsection (3) (h), either paragraph (

a) of this subsection applies or the applicant could reasonably be expected to know the identity of the third party who supplied the personal recommendation or evaluation, character reference or personnel evaluation.

The head of the public body may allow the third party to prepare the

summary of personal information under subsection (5).

Disclosure of information relating to abortion services

22.1

In this section, abortion services means lawful medical services for the termination of a pregnancy.

The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services.

Subsection (2) does not apply to the following:

information about abortion services that were received by the applicant;

statistical information, including financial information, relating to the total number of abortion services provided throughout

British Columbia, or

a region that is designated under

section 4 (1) (

b) of the Health Authorities Act if more than one health care body provides abortion services in that region;

information about a public body's policies on the provision of abortion services.

Nothing in this

section prevents any other provision of this Act from applying if a request is made under

section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant.

Notice to Third Parties

Notifying the third party

If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under

section 18.1, 21 or 22, the head must give the third party a written notice under subsection (3).

If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under

section 18.1, 21 or 22, the head may give the third party a written notice under subsection (3).

The notice must

state that a request has been made by an applicant for access to a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party,

describe the contents of the record, and

state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed.

When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that

the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party,

the third party is being given an opportunity to make representations concerning disclosure, and

a decision will be made within 30 days about whether or not to give the applicant access to the record.

Time limit and notice of decision

Within 30 days after notice is given under

section 23 (1) or (2), the head of the public body must decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of

21 days after the day notice is given, or

the day a response is received from the third party.

On reaching a decision under subsection (1), the head of the public body must give written notice of the decision to

the applicant, and

the third party.

If the head of the public body decides to give access to the record or to part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under

section 53 or 63 within 20 days after the day notice is given under subsection (2).

Public Interest Paramount

Information must be disclosed if in the public interest

Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information

about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or

the disclosure of which is, for any other reason, clearly in the public interest.

Subsection (1) applies despite any other provision of this Act.

Before disclosing information under subsection (1), the head of a public body must, if practicable, notify

any third party to whom the information relates, and

the commissioner.

If it is not practicable to comply with subsection (3), the head of the public body must mail a notice of disclosure in the prescribed form

to the last known address of the third party, and

to the commissioner.

Protection of Privacy

Collection, Protection and Retention of Personal Information by Public Bodies

Unauthorized collection, use and disclosure of personal information prohibited

25.1

An employee, officer or director of a public body or an employee or associate of a service provider must not collect, use or disclose personal information except as authorized by this Act.

Purpose for which personal information may be collected

A public body may collect personal information only if

the collection of the information is expressly authorized under

an Act,

the information is collected for the purposes of law enforcement,

the information relates directly to and is necessary for a program or activity of the public body,

with respect to personal information collected for a prescribed purpose,

the individual the information is about has consented in the prescribed manner to that collection, and

a reasonable person would consider that collection appropriate in the circumstances,

the information is necessary for the purposes of planning or evaluating a program or activity of a public body,

the information is necessary for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur,

the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event

at which the individual voluntarily appears, and

that is open to the public,

the information is personal identity information that is collected by

a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under

section 69.2, or

a public body from a provincial identity information services provider and the collection of the information is necessary to enable

the public body to identify an individual for the purpose of providing a service to the individual, or

the provincial identity information services provider to provide services under

section 69.2 , or

the information is collected by

a connected services provider for the purpose of enabling the connected services provider to provide a service under

section 69.3, or

a public body from a connected services provider, or from another public body, for the purpose of enabling

the connected services provider to provide a service under

section 69.3, or

the public body, or another public body, to provide a service through a connected services platform established under

section 69.3.

How personal information is to be collected

A public body must collect personal information directly from the individual the information is about unless

another method of collection is authorized by

that individual,

the commissioner under

section 42 (1) (i), or

iii

another enactment,

a.1

the collection of the information is necessary for the medical treatment of an individual and it is not possible

to collect the information directly from that individual, or

to obtain authority under paragraph (a) (

i) for another method of collection,

the information may be disclosed to the public body under

section 33,

the information is collected for the purpose of

determining suitability for an honour or award including an honorary degree, scholarship, prize or bursary,

a proceeding before a court or a judicial or quasi-judicial tribunal,

iii

collecting a debt or fine or making a payment,

law enforcement, or

reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur,

c.1

the information is collected from a body disclosing it in accordance with a provision of a treaty, arrangement or written agreement that

authorizes or requires the disclosure, and

is made under an enactment of British Columbia, other than this Act, or an enactment of Canada,

c.2

the information is collected from a body disclosing it under an enactment of another province or of Canada,

the information is transferred to the public body from another public body in accordance with

section 27.1,

the collection of the information is necessary for delivering or evaluating a common or integrated program or activity,

the information is about an employee, other than a service provider, and the collection of the information is necessary for the purposes of managing or terminating an employment relationship between a public body and the employee,

the information is personal identity information that is collected by a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under

section 69.2 , or

the information is collected for the purpose of enabling

the connected services provider to provide a service under

section 69.3, or

the public body, or another public body, to provide a service through a connected services platform established under

section 69.3.

A public body must ensure that an individual from whom it collects personal information is told

the purpose for collecting it,

the legal authority for collecting it, and

the contact information of an officer or employee of the public body who can answer the individual's questions about the collection.

Subsection (2) does not apply if

the information is about law enforcement or anything referred to in

section 15 (1) or (2),

the minister responsible for this Act excuses a public body from complying with it because doing so would

result in the collection of inaccurate information, or

defeat the purpose or prejudice the use for which the information is collected,

the information

is not required, under subsection (1), to be collected directly from the individual the information is about, and

is not collected directly from the individual the information is about, or

the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event

at which the individual voluntarily appears, and

that is open to the public.

A public body must notify an employee, other than a service provider, that it will be collecting personal information under subsection (1) (

f) unless it is reasonable to expect that the notification would compromise

the availability or the accuracy of the information, or

an investigation or a proceeding related to the employment of the employee.

When personal information is not collected

27.1

Personal information that is received by a public body is not collected by the public body for the purposes of this Act if

the information does not relate to a program or activity of the public body, and

the public body takes no action with respect to the information other than to

read all or a part of it and then delete, destroy or return it, or

read all or a part of it and then transfer it in accordance with subsection (2).

For the purpose of subsection (1) (b) (ii), a public body may transfer personal information to

another public body, or

a government institution subject to the Privacy Act (Canada)

if the public body determines the information relates to a program or activity of the other public body or government institution referred to in paragraph (

a) or (b).

Accuracy of personal information

an individual's personal information is in the custody or under the control of a public body, and

the personal information will be used by or on behalf of the public body to make a decision that directly affects the individual,

the public body must make every reasonable effort to ensure that the personal information is accurate and complete.

Right to request correction of personal information

An individual who believes there is an error or omission in personal information about the individual that is in the custody or under the control of a public body may request the head of the public body to correct the information.

If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made.

On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested.

On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control.

Protection of personal information

A public body must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized collection, use, disclosure or disposal.

Repealed

30.1-30.2

[Repealed 2021-39-17.]

Whistle-blower protection

30.3

An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because

[Repealed 2021-39-18.]

the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act,

the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act,

the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or

the employer believes that an employee will do anything described in paragraph (b), (

c) or (d).

Repealed

30.4

[Repealed 2021-39-17.]

Notification of unauthorized disclosure

30.5

[Repealed 2021-39-17.]

An employee, officer or director of a public body, or an employee or associate of a service provider, who knows that there has been an unauthorized disclosure of personal information that is in the custody or under the control of the public body must immediately notify the head of the public body.

Retention of personal information

If an individual's personal information

is in the custody or under the control of a public body, and

is used by or on behalf of the public body to make a decision that directly affects the individual,

the public body must ensure that the personal information is retained for at least one year after being used so that the affected individual has a reasonable opportunity to obtain access to that personal information.

Repealed

31.1

[Repealed 2021-39-19.]

Use and Disclosure of Personal Information by Public Bodies

Use of personal information

A public body may use personal information in its custody or under its control only

for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose,

if the individual the information is about has identified the information and has consented, in the prescribed manner, to the use, or

for a purpose for which the information may be disclosed to the public body under

section 33.

Disclosure of personal information

A public body may disclose personal information in its custody or under its control only as permitted by subsections (2) to (9) or by

section 33.3.

A public body may disclose personal information in any of the following circumstances:

in accordance with

Part 2;

if the information or disclosure is of a type described in

section 22 (4) (e), (f), (h), (

i) or (j);

if the individual the information is about has identified the information and has consented, in the prescribed manner, to the disclosure;

for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose within the meaning of

section 34 [definition of consistent purpose] ;

in accordance with an enactment of British Columbia or of Canada that authorizes or requires the disclosure;

if the information is made available to the public under an enactment that authorizes or requires the information to be made public;

in accordance with a provision of a treaty, arrangement or written agreement that

authorizes or requires the disclosure, and

is made under an enactment of British Columbia, other than this Act, or an enactment of Canada;

to an officer or employee of the public body, or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister;

to an officer or employee of a public body, or to a minister, if the information is necessary to protect the health or safety of the officer, employee or minister;

to an officer or employee of a public body, or to a minister, if the information is necessary for the purposes of planning or evaluating a program or activity of a public body;

to an officer or employee of a public body or an agency, or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties, respecting the common or integrated program or activity, of the officer, employee or minister to whom the information is disclosed;

to comply with a subpoena, warrant or order issued or made by a court or person in Canada with jurisdiction to compel the production of information in Canada;

to the Attorney General or legal counsel for the public body

for the purpose of preparing or obtaining legal advice for the government or public body, or

for use in civil proceedings involving the government or public body;

to the minister responsible for the Coroners Act or a person referred to in

section 31 (1) of that Act, for the purposes of that Act;

for the purpose of collecting amounts owing to the government or a public body by

an individual, or

a corporation of which the individual the information is about is or was a director or officer;

for the purposes of

a payment to be made to or by the government or a public body,

authorizing, administering, processing, verifying or cancelling a payment, or

iii

resolving an issue regarding a payment;

for the purposes of licensing, registering, insuring, investigating or disciplining persons regulated by governing bodies of professions or occupations;

if the information was collected by observation at a presentation, ceremony, performance, sports meet or similar event

that was open to the public, and

at which the individual the information is about appeared voluntarily;

to the auditor general or a prescribed person or body for audit purposes;

if the disclosure is necessary for

installing, implementing, maintaining, repairing, troubleshooting or upgrading an electronic system or equipment that includes an electronic system, or

data recovery that is undertaken following the failure of an electronic system,

that is used by the public body, or by a service provider for the purposes of providing services to a public body;

if the disclosure is necessary for the processing of information and the following apply:

the processing does not involve the intentional accessing of the information by an individual;

any processing done outside of Canada is temporary;

if the information is metadata and the following apply:

the metadata is generated by an electronic system;

the metadata describes an individual's interaction with the electronic system;

iii

if practicable, information in individually identifiable form has been removed from the metadata or destroyed;

in the case of disclosure to a service provider, the public body has prohibited subsequent use or disclosure of information in individually identifiable form without the express authorization of the public body;

if the information

was obtained or compiled by the public body for the purpose of enabling the public body to engage individuals in public discussion or promotion respecting proposed or existing initiatives, policies, programs or activities of the public body or respecting legislation relating to the public body, and

iii

is disclosed for a use that is consistent with the purpose described in subparagraph (ii);

to an Indigenous governing entity for the purposes of a program or activity that supports the exercise of the rights recognized and affirmed by

section 35 of the Constitution Act, 1982 .

A public body may disclose personal information in any of the following circumstances:

the head of the public body determines that compelling circumstances that affect anyone's health or safety exist, and

notice of disclosure is mailed to the last known address of the individual the information is about, unless the head of the public body considers that the notice could harm anyone's health or safety;

for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur;

to enable the next of kin or a friend of an injured, ill or deceased individual to be contacted;

to a public body, or a law enforcement agency in Canada, to assist in a specific investigation

undertaken with a view to a law enforcement proceeding, or

from which a law enforcement proceeding is likely to result;

to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem;

to a representative of a bargaining agent who has been authorized in writing by the employee the information is about to make an inquiry;

to the digital archives or museum archives of government or the archives of a public body, for archival purposes;

for a research purpose, including statistical research, if

the research purpose cannot be accomplished unless the information is disclosed in individually identifiable form, or the research purpose has been approved by the commissioner,

the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research unless

the research is in relation to health issues, and

the commissioner has approved the use of the information for the purpose of contacting a person to participate in the research and the manner in which contact is to be made, including the information to be made available to the person contacted,

iii

any data-linking is not harmful to the individual the information is about and the benefits to be derived from the data-linking are clearly in the public interest,

the head of the public body has approved conditions relating to the following:

security and confidentiality;

the removal or destruction of individual identifiers at the earliest reasonable time;

the prohibition of subsequent use or disclosure of the information in individually identifiable form without the express authorization of the public body, and

the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, this Act and the public body's policies and procedures relating to the confidentiality of personal information.

In addition to the authority under any other provision of this section, the digital archives or museum archives of government or archives of a public body may disclose personal information in its custody or under its control for archival or historical purposes if

the disclosure would not be an unreasonable invasion of personal privacy under

section 22,

the information is about an individual who has been deceased for 20 or more years, or

the information is in a record that has been in existence for 100 or more years.

In addition to the authority under any other provision of this section, a board or a francophone education authority, as those are defined in the School Act , may disclose personal information in its custody or under its control to a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act , if

the disclosure would not be an unreasonable invasion of personal privacy under

section 22 of this Act,

the information is about an individual who has been deceased for 20 or more years, or

the information is in a record that has been in existence for 100 or more years.

In addition to the authority under any other provision of this section, a public body that is a law enforcement agency may disclose personal information

to another law enforcement agency in Canada, or

to a law enforcement agency in a foreign state under an arrangement, written agreement or treaty or under provincial or Canadian legislative authority.

In addition to the authority under any other provision of this section, the Insurance Corporation of British Columbia may disclose personal information

for the purposes of

licensing or registering motor vehicles or drivers, or

verifying motor vehicle registration, insurance or driver licences, or

the information was obtained or compiled by the Insurance Corporation of British Columbia for the purposes of insurance it provides, and

the disclosure is necessary to investigate, manage or settle a specific insurance claim.

In addition to the authority under any other provision of this section, a provincial identity information services provider may disclose personal identity information

to enable the provincial identity information services provider to provide a service under

section 69.2, or

to a public body if the disclosure is necessary to enable the public body to identify an individual for the purpose of providing a service to the individual.

In addition to the authority under any other provision of this section, a public body may disclose personal identity information to a provincial identity information services provider if the disclosure is necessary to enable

the public body to identify an individual for the purpose of providing a service to the individual, or

the provincial identity information services provider to provide a service under

section 69.2.

In addition to the authority under any other provision of this section, a connected services provider may disclose personal information

for the purpose of enabling the connected services provider to provide a service under

section 69.3, or

to a public body for the purpose of enabling the public body, or another public body, to provide a service through a connected services platform established under

section 69.3.

In addition to the authority under any other provision of this section, a public body may disclose personal information to a connected services provider, or to another public body, for the purpose of enabling

the connected services provider to provide a service under

section 69.3, or

the public body, or another public body, to provide a service through a connected services platform established under

section 69.3.

Disclosure outside of Canada

33.1

A public body may disclose personal information outside of Canada only if the disclosure is in accordance with the regulations, if any, made by the minister responsible for this Act.

Repealed

33.2

[Repealed 2021-39-21.]

Disclosure of personal information in records available to public without request

33.3

A public body may disclose to the public a record that is within a category of records established under

section 71 (1).

A ministry may disclose to the public a record that is within a category of records established under

section 71.1 (1).

Definition of consistent purpose

For the purposes of

section 32 (

a) or 33 (2) (

d) or (w), a use of personal information is consistent with the purpose for which the information was obtained or compiled if the use

has a reasonable and direct connection to that purpose, and

is necessary for performing the statutory duties of, or for operating a program or activity of, the public body that uses or discloses the information.

Repealed

35-36

[Repealed 2021-39-21.]

Data-linking Programs

Data-linking programs

36.1

This

section does not apply to a data-linking program that is part of research for the purpose of which personal information may be disclosed under

section 33 (3) (h).

A public body conducting a data-linking program must comply with the regulations, if any, made for the purposes of this section.

Privacy Management Programs and Privacy Breach Notifications

Privacy management programs

36.2

The head of a public body must develop a privacy management program for the public body and must do so in accordance with the directions of the minister responsible for this Act.

Privacy breach notifications

36.3

In this section, privacy breach means the theft or loss, or the collection, use or disclosure that is not authorized by this Part, of personal information in the custody or under the control of a public body.

Subject to subsection (5), if a privacy breach involving personal information in the custody or under the control of a public body occurs, the head of the public body must, without unreasonable delay,

notify an affected individual if the privacy breach could reasonably be expected to result in significant harm to the individual, including identity theft or significant

bodily harm,

humiliation,

iii

damage to reputation or relationships,

loss of employment, business or professional opportunities,

financial loss,

negative impact on a credit record, or

vii

damage to, or loss of, property, and

notify the commissioner if the privacy breach could reasonably be expected to result in significant harm referred to in paragraph (a).

The head of a public body is not required to notify an affected individual under subsection (2) if notification could reasonably be expected to

result in immediate and grave harm to the individual's safety or physical or mental health, or

threaten another individual's safety or physical or mental health.

If notified under subsection (2) (b), the commissioner may notify an affected individual.

A notification under subsection (2) (

a) or (

b) must be made in the prescribed manner.

Office and Powers of Information and Privacy Commissioner

Appointment of commissioner

On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as the Information and Privacy Commissioner a person who has been unanimously recommended by a special Committee of the Legislative Assembly for the appointment.

The commissioner is an officer of the Legislature.

Subject to

section 38, the commissioner holds office for a term of 6 years.

[Repealed 2005-25-1.]

Resignation, removal or suspension of commissioner

The commissioner may resign at any time by notifying the Speaker of the Legislative Assembly or, if there is no speaker or the speaker is absent from British Columbia, by notifying the clerk of the Legislative Assembly.

The Lieutenant Governor in Council must remove the commissioner from office or suspend the commissioner for cause or incapacity on the recommendation of 2/3 of the members present in the Legislative Assembly.

If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the commissioner for cause or incapacity.

Acting commissioner

The Lieutenant Governor in Council may appoint an acting commissioner if

the office of commissioner is or becomes vacant when the Legislative Assembly is not sitting,

the commissioner is suspended when the Legislative Assembly is not sitting,

the commissioner is removed or suspended or the office of the commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Assembly under

section 37 (1) before the end of the session, or

the commissioner is temporarily absent because of illness or for another reason.

An acting commissioner holds office until

a person is appointed under

section 37 (1),

the suspension of the commissioner ends,

the Legislative Assembly has sat for 20 days after the date of the acting commissioner's appointment, or

the commissioner returns to office after a temporary absence,

whichever is the case and whichever occurs first.

Salary, expenses and benefits of commissioner

A commissioner appointed under

section 37 (1) or 39 (1) is entitled

to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the Provincial Court, and

to be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

If an order is made under subsection (2), the Public Service Pension Plan applies subject to subsection (4).

When calculating the amount of a pension under the Public Service Pension Plan, each year of service as commissioner must be counted as 1 1/2 years of pensionable service.

[Repealed 2003-62-2.]

Staff of commissioner

The commissioner may appoint, in accordance with the Public Service Act , employees necessary to enable the commissioner to perform the duties of the office.

The Public Service Act does not apply in respect of a person retained under subsection (2).

The commissioner may make a special report to the Legislative Assembly if, in the commissioner's opinion,

the amounts and establishment provided for the office of commissioner in the estimates, or

the services provided by the BC Public Service Agency

are inadequate for fulfilling the duties of the office.

General powers of commissioner

In addition to the commissioner's powers and duties under

Part 5 with respect to reviews, the commissioner is generally responsible for monitoring how this Act is administered to ensure that its purposes are achieved, and may

conduct investigations and audits to ensure compliance with any provision of this Act or the regulations,

make an order described in

section 58 (3), whether the order results from an investigation or audit under paragraph (

a) or an inquiry under

section 56,

inform the public about this Act,

receive comments from the public about the administration of this Act,

engage in or commission research into anything affecting the achievement of the purposes of this Act,

comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs or activities of public bodies,

comment on the implications for access to information or for protection of privacy of automated systems for collection, storage, analysis or transfer of information,

[Repealed 2021-39-26.]

authorize the collection of personal information from sources other than the individual the information is about,

bring to the attention of the head of a public body any failure to meet the prescribed standards for fulfilling the duty to assist applicants,

subject to subsection (1.1), exchange information with any person who, under legislation of another province or of Canada, has powers and duties similar to those of the commissioner, and

enter into information-sharing agreements for the purposes of paragraph (k).

1.1

The commissioner may not exchange with a person described in subsection (1) (

k) information contained in a record

that is the subject of a request for

access to information under

section 5, or

the correction of personal information under

section 29, and

that the commissioner obtains as part of a review under

section 52 (1) of a public body's decision, act or failure to act in response to the request.

Without limiting subsection (1), the commissioner may investigate and attempt to resolve complaints that

a duty imposed under this Act has not been performed,

an extension of time for responding to a request is not in accordance with

section 10 (1) or (1.1) ,

a fee required under this Act is inappropriate,

a correction of personal information requested under

section 29 (1) has been refused without justification, and

personal information has been collected, used or disclosed in contravention of

Part 3 by

a public body or an employee, officer or director of a public body, or

an employee or associate of a service provider.

Power to authorize a public body to disregard a request

If the head of a public body asks, the commissioner may authorize the public body to disregard a request under

section 5 or 29, including because

the request is frivolous or vexatious,

a.1

the behaviour of the applicant is abusive or malicious,

the request is for a record that has been disclosed to the applicant or that is accessible by the applicant from another source,

responding to the request would unreasonably interfere with the operations of

the public body, or

the ministry of the minister responsible for this Act, or

the request is

an abuse of the right to make a request under

section 5 or 29 because the request is repetitious or systematic, or

excessively broad.

Powers of commissioner in conducting investigations, audits or inquiries

For the purposes of conducting an investigation or an audit under

section 42 or an inquiry under

section 56, the commissioner may make an order requiring a person to do either or both of the following:

attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

produce for the commissioner a record in the custody or under the control of the person, including a record containing personal information.

The commissioner may apply to the Supreme Court for an order

directing a person to comply with an order made under subsection (1), or

directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

2.1

If a person discloses a record that is subject to solicitor client privilege to the commissioner at the request of the commissioner, or under subsection (1), the solicitor client privilege of the record is not affected by the disclosure.

Despite any other enactment or any privilege of the law of evidence, a public body must produce to the commissioner within 10 days any record or a copy of any record required under subsection (1).

3.1

The commissioner may require a person to attempt to resolve the person's request for review or complaint against a public body in the way directed by the commissioner before the commissioner begins or continues an investigation under

section 42 or an inquiry under

section 56.

3.2

Subsection (3.1) applies whether or not a mediator has been authorized under

section 55.

If a public body is required to produce a record under subsection (1) and it is not practicable to make a copy of the record, the head of that public body may require the commissioner to examine the original at its site.

After completing a review or investigating a complaint, the commissioner must return any record or any copy of any record produced under subsection (3) by the public body.

Maintenance of order at hearings

44.1

At an oral hearing, the commissioner may make orders or give directions that the commissioner considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

Without limiting subsection (1), the commissioner, by order, may

impose restrictions on a person's continued participation in or attendance at a hearing, and

exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

44.2

The failure or refusal of a person subject to an order under

section 44 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

attend before the commissioner;

take an oath or make an affirmation;

answer questions;

produce records in the person's custody or under the person's control.

The failure or refusal of a person subject to an order or direction under

section 44.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Statements made to the commissioner not admissible in evidence

A statement made or an answer given by a person during an investigation, audit or inquiry by the commissioner is inadmissible in evidence in court or in any other proceeding, except

in a prosecution for perjury in respect of sworn testimony,

in a prosecution for an offence under this Act, or

in an application for judicial review or an appeal from a decision with respect to that application.

Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the commissioner.

Protection against libel or slander actions

Anything said, any information supplied or any record produced by a person during an investigation, audit or inquiry by the commissioner is privileged in the same manner as if the investigation, audit or inquiry were a proceeding in a court.

Restrictions on disclosure of information by the commissioner and staff

The commissioner and anyone acting for or under the direction of the commissioner must not disclose any information obtained in performing their duties or exercising their powers and functions under this Act, except as provided in subsections (2) to (6) .

The commissioner may disclose, or may authorize anyone acting on behalf of or under the direction of the commissioner to disclose, information that is necessary to

conduct an investigation, audit or inquiry under this Act, or

establish the grounds for findings and recommendations contained in a report under this Act.

2.1

The commissioner and anyone acting for or under the direction of the commissioner must not give or be compelled to give evidence in court or in any other proceedings in respect of any records or information obtained in performing their duties or exercising their powers and functions under this Act.

2.2

Despite subsection (2.1), the commissioner and anyone acting for or under the direction of the commissioner may give or be compelled to give evidence

in a prosecution for perjury in respect of sworn testimony,

in a prosecution for an offence under this Act,

in an investigation, a determination or a review referred to in

section 60 (1), or

in an application for judicial review of a decision made under this Act.

2.3

Subsections (2.1) and (2.2) apply also in respect of evidence of the existence of proceedings conducted before the commissioner.

In conducting an investigation, audit or inquiry under this Act and in a report under this Act, the commissioner and anyone acting for or under the direction of the commissioner must take every reasonable precaution to avoid disclosing and must not disclose

any information the head of a public body would be required or authorized to refuse to disclose if it were contained in a record requested under

section 5, or

whether information exists, if the head of a public body in refusing to provide access does not indicate whether the information exists.

The commissioner may disclose to the Attorney General information relating to the commission of an offence against an enactment of British Columbia or Canada if the commissioner considers there is evidence of an offence.

The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in the course of a prosecution, application or appeal referred to in

section 45.

The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in accordance with an information-sharing agreement entered into under

section 42 (1) (l).

Protection of commissioner and staff

No proceedings lie against the commissioner, or against a person acting on behalf of or under the direction of the commissioner, for anything done, reported or said in good faith in the exercise or performance or the intended exercise or performance of a duty, power or function under this Part or

Part 5.

Delegation by commissioner

Subject to this section, the commissioner may delegate to any person any duty, power or function of the commissioner under this Act, other than the power to delegate under this section.

1.1

The commissioner may not delegate the power to examine information referred to in

section 15 if the head of a police service within the meaning of

section 1.1 of the Police Act or the Attorney General

has refused to disclose that information under

section 15, and

has requested the commissioner not to delegate the power to examine that information.

1.2

Despite

section 66, the head of a police service within the meaning of

section 1.1 of the Police Act may not delegate the power to make a request under subsection (1.1) (

b) of this section.

1.3

Despite

section 66, the Attorney General may only delegate the power to make a request under subsection (1.1) (

b) to the Assistant Deputy Attorney General, Criminal Justice Branch.

A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the commissioner considers appropriate.

Role of Ombudsperson

Subject to subsection (2), the Ombudsperson may not investigate any matter that the commissioner has the power to investigate or review under this Act unless the commissioner agrees.

Subsection (1) does not apply to the Ombudsperson's powers and duties under the Public Interest Disclosure Act .

Annual report of commissioner

The commissioner must report annually to the Speaker of the Legislative Assembly on

the work of the commissioner's office, and

any complaints or reviews resulting from a decision, act or failure to act of the commissioner as head of a public body.

The Speaker must lay each annual report before the Legislative Assembly as soon as possible.

Reviews and Complaints

Reviews by the Commissioner

Right to ask for a review

A person who makes a request to the head of a public body, other than the commissioner or the registrar under the Lobbyists Transparency Act , for access to a record or for correction of personal information may ask the commissioner to review any decision, act or failure to act, other than to require an application fee, of the head that relates to that request, including any matter that could be the subject of a complaint under

section 42 (2).

A third party notified under

section 24 of a decision to give access may ask the commissioner to review any decision made about the request by the head of a public body, other than the commissioner or the registrar under the Lobbyists Transparency Act .

How to ask for a review

To ask for a review under this Division, a written request must be delivered to the commissioner.

A request for a review of a decision of the head of a public body must be delivered within

30 days after the person asking for the review is notified of the decision, or

a longer period allowed by the commissioner.

The failure of the head of a public body to respond in time to a request for access to a record is to be treated as a decision to refuse access to the record, but the time limit in subsection (2) (

a) for delivering a request for review does not apply.

Notifying others of review

On receiving a request for a review, the commissioner must give a copy to

the head of the public body concerned, and

any other person that the commissioner considers appropriate.

Order for severing of information from records

54.1

After the head of a public body has responded to a request under

section 5 and a request for review of that response has been received under

section 52, the commissioner may, at any time, by order,

confirm that the head of the public body has failed to sever information from the records that are the subject of the review, as required by this Act, and

require the head of the public body to sever information from the records in accordance with the directions and within the period set out in the order.

The commissioner may not set a period for severing information from a record under subsection (1) that is less than 30 days after the date a copy of the order is given to the head of the public body.

Mediation may be authorized

The commissioner may authorize a mediator to investigate and to try to settle a matter under review.

Inquiry by commissioner

If the matter is not referred to a mediator or is not settled under

section 55, the commissioner may conduct an inquiry and decide all questions of fact and law arising in the course of the inquiry.

An inquiry under subsection (1) may be conducted in private.

The person who asked for the review, the head of the public body concerned and any person given a copy of the request for a review must be given an opportunity to make representations to the commissioner during the inquiry.

The commissioner may decide

whether representations are to be made orally or in writing, and

whether a person is entitled to be present during or to have access to or to comment on representations made to the commissioner by another person.

The person who asked for the review, the head of the public body concerned and any person given a copy of the request for a review may be represented at the inquiry by counsel or an agent.

Subject to subsection (8), an inquiry into a matter under review must be completed within 90 days after receiving the request for the review, unless the commissioner

specifies a later date, and

notifies the following persons of the date specified under paragraph (a):

the person who made the request;

the head of the public body concerned;

iii

any person given a copy of the request.

If the commissioner has required a person to attempt to resolve a matter under

section 44 (3.1), the commissioner may defer beginning or may adjourn an investigation under

section 42 or an inquiry under this

section to enable the resolution of the matter in the way required under

section 44 (3.1).

The period of an adjournment or deferral under subsection (7) must not be included for the purpose of calculating a deadline under subsection (6).

Burden of proof

At an inquiry into a decision to refuse an applicant access to all or part of a record, it is up to the head of the public body to prove that the applicant has no right of access to the record or part.

However, if the record or part that the applicant is refused access to contains personal information about a third party, it is up to the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy.

At an inquiry into a decision to give an applicant access to all or part of a record containing information that relates to a third party,

in the case of personal information, it is up to the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy, and

in any other case, it is up to the third party to prove that the applicant has no right of access to the record or part.

Commissioner's orders

On completing an inquiry under

section 56, the commissioner must dispose of the issues by making an order under this section.

If the inquiry is into a decision of the head of a public body to give or to refuse to give access to all or part of a record, the commissioner must, by order, do one of the following:

require the head to give the applicant access to all or part of the record, if the commissioner determines that the head is not authorized or required to refuse access;

either confirm the decision of the head or require the head to reconsider it, if the commissioner determines that the head is authorized to refuse access;

require the head to refuse access to all or part of the record, if the commissioner determines that the head is required to refuse access.

If the inquiry is into any other matter, the commissioner may, by order, do one or more of the following:

confirm that a duty imposed under this Act has been performed or require that a duty imposed under this Act be performed;

confirm or reduce the extension of a time limit under

section 10 (1) or (1.1) ;

confirm, excuse or reduce a fee, or order a refund, in the appropriate circumstances, including if a time limit is not met;

confirm a decision not to correct personal information or specify how personal information is to be corrected;

require a public body or service provider to stop collecting, using or disclosing personal information in contravention of this Act, or confirm a decision of a public body or service provider to collect, use or disclose personal information;

require the head of a public body to destroy personal information collected in contravention of this Act.

The commissioner may specify any terms or conditions in an order made under this section.

The commissioner must give a copy of an order made under this

section to all of the following:

the person who asked for the review;

the head of the public body concerned;

b.1

any service provider to whom the order is directed;

any person given notice under

section 54;

the minister responsible for this Act.

Duty to comply with orders

Subject to subsection (1.1), not later than 30 days after being given a copy of an order of the commissioner, the head of the public body concerned or the service provider to whom the order is directed, as applicable, must comply with the order unless an application for judicial review of the order is brought before that period ends.

1.1

If the commissioner gives the head of a public body a copy of an order made under

section 54.1, the head of the public body must comply with the order within the period set out in the order, unless an application for judicial review of the order is brought before that period ends.

Subject to subsection (3), if an application for judicial review is brought before the end of the period referred to in subsection (1) or set out in an order given under

section 54.1, the order of the commissioner is stayed for 120 days, beginning on the date the application is brought, unless a court makes an order shortening or extending the stay.

If a date for hearing the application for judicial review is set before the expiration of the stay of the commissioner's order referred to in subsection (2), the stay of the commissioner's order is extended until the judicial review is completed or the court makes an order shortening the stay.

Enforcement of orders of commissioner

59.01

Subject to subsection (3), the commissioner may file a certified copy of an order made under

section 54.1 or 58 with the Supreme Court.

Subject to subsection (3), a party affected, or a person designated, by an order made under

section 58 may file a certified copy of the order with the Supreme Court.

An order may be filed under subsection (1) or (2) only if

the order is not, or is no longer, the subject of an application for judicial review, or the subject of an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order,

the date by which a person must comply with the order under

section 59 (1) or (1.1), as the case may be, has occurred, and

the period for commencing an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order has expired.

An order filed under this

section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

Investigations and Reviews by Adjudicator

References to commissioner

59.1

In this Division, commissioner includes the registrar under the Lobbyists Transparency Act .

Adjudicator to investigate complaints and review decisions

The Lieutenant Governor in Council may designate a person who is a judge of the Supreme Court to act as an adjudicator and

to investigate complaints made against the commissioner as head of a public body with respect to any matter referred to in

section 42 (2),

to determine, if requested under

section 60.1, whether the commissioner as head of a public body is authorized to disregard a request made under

section 5 or 29, and

to review, if requested under

section 62, any decision, act or failure to act of the commissioner as head of a public body.

An adjudicator may retain the services of any persons necessary to assist the adjudicator in performing the adjudicator's functions under this Act.

The government may pay out of the consolidated revenue fund,

to an adjudicator, the expenses a judge is entitled to receive under

section 57 (3) of the Judges Act (Canada) while acting as an adjudicator, and

to a person whose services are retained under subsection (2), remuneration for those services.

Adjudicator may authorize commissioner to disregard requests

60.1

The commissioner may ask an adjudicator designated under

section 60 to authorize the commissioner as head of a public body to disregard a request made under

section 5 or 29.

Powers, duties and protections of adjudicator

For the purposes of

section 60, an adjudicator has the powers, duties and functions given to the commissioner by sections 42 (2) (

a) to (d), 43 to 44.2 and 47 (1), (2) (

a) and (3) to (5).

Sections 45, 46, 48 and 50 apply for the purposes of an investigation, inquiry or review by an adjudicator.

Section 47 (2.1) to (2.3) applies to an adjudicator and the staff of an adjudicator.

Right to ask for a review

A person who makes a request to the commissioner as head of a public body for access to a record or for correction of personal information may ask an adjudicator to review any decision, act or failure to act of the commissioner as head of a public body that relates to the request, including any matter that could be the subject of a complaint under

section 42 (2) (

a) to (d).

A third party notified under

section 24 of a decision to give access may ask an adjudicator to review any decision made about the request by the commissioner as head of a public body.

How to ask for a review

To ask for a review under this Division, a written request must be delivered to the minister responsible for this Act.

A request for a review of a decision of the commissioner as head of a public body must be delivered within

30 days after the person asking for the review is notified of the decision, or

a longer period allowed by the adjudicator.

Section 53 (3) applies if the commissioner as head of a public body fails to respond in time to a request for access to a record.

Notifying others of review

On receiving a request for a review, the minister responsible for this Act must promptly forward the request to an adjudicator and must give a copy to

the commissioner, and

any other affected person.

Conduct and outcome of the review

An adjudicator has the powers, duties and functions given to the commissioner by sections 54.1, 55 and 56 (1), (4) and (7), and sections 56 (2), (3), (5), (6) and (8) and 57 apply to an inquiry conducted by an adjudicator.

On completing an inquiry, an adjudicator has the same duty to dispose of the issues, the same powers to make orders and the same duty to notify others of those orders, as the commissioner has under

section 58 (1), (2), (3) (

a) to (d), (4) and (5).

Sections 59 and 59.01 apply to an order of an adjudicator.

5.1

Offences

Offence Act

65.1

Section 5 of the Offence Act does not apply to this Act.

Offence to wilfully mislead, obstruct or fail to comply with commissioner

65.2

A person who wilfully does any of the following commits an offence:

makes a false statement to, or misleads or attempts to mislead,

the commissioner or anyone acting for or under the direction of the commissioner in the performance of duties or exercise of powers and functions under this Act, or

an adjudicator or anyone acting for or under the direction of an adjudicator in the performance of duties or exercise of powers and functions under this Act;

obstructs

the commissioner or anyone acting for or under the direction of the commissioner in the performance of duties or exercise of powers and functions under this Act, or

an adjudicator or anyone acting for or under the direction of the adjudicator in the performance of duties or exercise of powers and functions under this Act;

fails to comply with an order made by

the commissioner under

section 54.1 or 58, or

an adjudicator under

section 65 (2).

Offence to wilfully evade access provisions

65.3

A person who wilfully conceals, destroys or alters any record to avoid complying with a request for access to the record commits an offence.

Privacy offences

65.4

An individual, other than an individual who is a service provider or an employee or associate of a service provider, who wilfully does any of the following commits an offence:

collects personal information except as authorized by

Part 3;

uses personal information except as authorized by

Part 3;

discloses personal information except as authorized by

Part 3;

fails to notify the head of a public body of unauthorized disclosure as required by

Part 3.

A service provider or an employee or associate of a service provider who does any of the following commits an offence:

collects personal information except as authorized by

Part 3;

uses personal information except as authorized by

Part 3;

discloses personal information except as authorized by

Part 3;

fails to notify the head of a public body of unauthorized disclosure as required by

Part 3;

dismisses, suspends, demotes, disciplines, harasses or otherwise disadvantages an employee, or denies the employee a benefit, because the employee has done, or the employer believes that the employee will do, anything described in

section 30.3 (

b) to (d).

A service provider commits an offence if an employee or associate of the service provider commits any of the offences under subsection (2).

It is a defence to a charge under subsections (2) and (3) if the person charged demonstrates that the person exercised due diligence to avoid committing the offence.

Corporate liability

65.5

If a corporation commits an offence under

section 65.3 or 65.4, an officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

Penalties

65.6

A person who commits an offence under

section 65.2 is liable on conviction to a fine of up to $50 000.

A person who commits an offence under

section 65.3 or 65.4 is liable on conviction,

in the case of an individual, other than an individual who is a service provider, to a fine of up to $50 000,

subject to paragraph (c), in the case of a service provider, including a partnership that or an individual who is a service provider, to a fine of up to $50 000, and

in the case of a corporation, to a fine of up to $500 000.

Time limit for laying an information to commence a prosecution

65.7

The time limit for laying an information to commence a prosecution for an offence under sections 65.3 and 65.4 is

one year after the date on which the act or omission that is alleged to constitute the offence occurred, or

if the minister responsible for this Act issues a certificate described in subsection (2), one year after the date on which the minister learned of the act or omission referred to in paragraph (

a) of this subsection.

A certificate issued by the minister responsible for this Act certifying the date referred to in subsection (1) (

b) is proof of that date.

General Provisions

Delegation by the head of a public body

The head of a public body may delegate to any person any duty, power or function of the head of the public body under this Act, except the power to delegate under this section.

A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the head of the public body considers appropriate.

[Repealed 2011-17-24.]

Consultative committee

The minister responsible for this Act may establish a consultative committee to make recommendations to the minister about the operation of this Act.

Annual report of minister

The minister responsible for this Act must prepare an annual report on its administration and lay the report before the Legislative Assembly as soon as possible.

Personal information directories, privacy impact assessments and information-sharing agreements

In this section:

information-sharing agreement means an agreement between a public body and one or more of the following:

another public body;

a government institution subject to the Privacy Act (Canada);

an organization subject to the Personal Information Protection Act or the Personal Information Protection and Electronic Documents Act (Canada);

a public body, government institution or institution as defined in applicable provincial legislation having the same effect as this Act;

a person or a group of persons;

a prescribed entity,

that sets conditions on the collection, use or disclosure of personal information by the parties to the agreement;

personal information bank means an aggregation of personal information that is organized or retrievable by the name of an individual or by an identifying number, symbol or other particular assigned to an individual;

privacy impact assessment means an assessment that is conducted by a public body to determine if a current or proposed enactment, system, project, program or activity meets or will meet the requirements of

Part 3 of this Act.

The minister responsible for this Act must maintain and publish a personal information directory to provide information about records in the custody or under the control of ministries of the government of British Columbia and about the use of those records.

The personal information directory must include a

summary that meets the requirements of the minister responsible for this Act of the following information:

the personal information banks that are in the custody or under the control of each ministry of the government of British Columbia;

the information-sharing agreements into which each ministry of the government of British Columbia has entered;

the privacy impact assessments referred to in subsection (5);

any other information the minister responsible for this Act considers appropriate.

The head of a ministry must correct as soon as possible any errors or omissions in the portion of the personal information directory that relates to the ministry, and provide the corrected information to the minister responsible for this Act.

The head of a ministry must conduct a privacy impact assessment and must do so in accordance with the directions of the minister responsible for this Act.

5.1

The head of a ministry, with respect to a proposed enactment, system, project, program or activity, must submit, during the development of the proposed enactment, system, project, program or activity, the privacy impact assessment to the minister responsible for this Act for the minister's review and comment.

5.2

If the minister responsible for this Act receives a privacy impact assessment under subsection (5.1) respecting a common or integrated program or activity, the minister must

notify the commissioner during the development of the proposed enactment, system, project, program or activity, and

if the commissioner requests, make the privacy impact assessment available to the commissioner for the commissioner's review and comment.

5.3

The head of a public body that is not a ministry must conduct a privacy impact assessment and must do so in accordance with the directions of the minister responsible for this Act.

5.4

The head of a public body that is not a ministry, with respect to a proposed common or integrated program or activity, must

notify the commissioner during the development of the proposed system, project, program or activity, and

if the commissioner requests, make the privacy impact assessment available to the commissioner for the commissioner's review and comment.

5.5

[Repealed 2026-19-18.]

5.6

[Repealed 2021-39-37.]

5.7

The head of a ministry must prepare an information-sharing agreement in accordance with the directions of the minister responsible for this Act.

The head of a public body that is not a ministry must make available for inspection and copying by the public a directory that lists the public body's personal information banks and includes the following information with respect to each personal information bank:

its title and location;

a description of the kind of personal information and the categories of individuals whose personal information is included;

the authority for collecting the personal information;

the purposes for which the personal information was obtained or compiled and the purposes for which it is used or disclosed;

the categories of persons who use the personal information or to whom it is disclosed;

information required under subsection (7).

The minister responsible for this Act may require one or more public bodies, or classes of public bodies, that are not ministries of the government of British Columbia

to provide additional information for the purposes of subsection (6), and

to comply with one or more of the subsections in this

section as if the public body were a ministry of the government of British Columbia.

[Repealed 2021-39-37.]

The minister responsible for this Act, in consultation with the commissioner, must establish an information-sharing code of practice that makes recommendations respecting how personal information is to be collected, used and disclosed under this Act.

The minister responsible for this Act may, under subsection (5) or (5.3), give different directions for different categories of personal information.

Public information regarding health information banks

69.1

In this section:

health care body has the same meaning as in

section 1 of the E-Health (Personal Health Information Access and Protection of Privacy) Act ;

health information bank means a health information bank and a ministry database within the meaning of the E-Health (Personal Health Information Access and Protection of Privacy) Act ;

health information-sharing agreement means an agreement under

section 14 or 19 of the E-Health (Personal Health Information Access and Protection of Privacy) Act ;

official responsible in relation to a health care body means

the minister, for a health care body that is a ministry,

the head of the regional health board, for a health care body that

is a regional health board designated under

section 4 (1) of the Health Authorities Act , or

reports to or is funded by the regional health board, and

the chief executive officer of the Provincial Health Services Authority, for a health care body that is

the Provincial Health Services Authority, or

a society that reports to the Provincial Health Services Authority.

The personal information directory under

section 69 must include information about health information banks of health care bodies and about the use of the information in those health information banks.

For the purposes of subsection (2), the personal information directory must include the following information in accordance with the requirements of the minister responsible for this Act:

the provisions of the order under

section 3 [establishment or designation of health information banks] of the E-Health (Personal Health Information Access and Protection of Privacy) Act in relation to each health information bank that is in the custody or under the control of each health care body;

a

summary of the health information-sharing agreements into which each health care body has entered;

any other information the minister responsible for this Act considers appropriate.

The official responsible must

provide to the minister responsible for this Act the information required for the purposes of subsection (2), and

correct as soon as possible any errors or omissions in the portion of the personal information directory that relates to the health care body, and provide the corrected information to the minister responsible for this Act.

A ministry that is a health care body must conduct a privacy impact assessment, and must do so in accordance with the directions of the minister responsible for this Act, in relation to

a health information bank in its custody or under its control, and

a health information-sharing agreement to which it is a party.

The minister responsible for this Act may, under subsection (5), give different directions for different categories of personal information.

Provincial identity information services provider

69.2

The minister responsible for this Act may designate a public body as a provincial identity information services provider.

A provincial identity information services provider, by exercising its powers respecting the collection, use and disclosure of information, may provide the following services:

identifying an individual;

verifying the identity of an individual;

updating personal identity information about an individual;

issuing a physical or an electronic credential to an individual;

managing the information associated with a physical or an electronic credential;

any other service related to personal identity information that the minister responsible for this Act considers appropriate.

The minister responsible for this Act may give directions to a provincial identity information services provider or a public body respecting

the type and quantity of personal identity information required to identify, or verify the identity of, individuals seeking access to government services,

the provision to individuals of physical and electronic credentials for use in accessing government services,

the privacy and security of personal identity information that is collected, used or disclosed under this Act,

the format in which personal identity information is collected, used or disclosed under this Act, and

the circumstances in which particular types of personal identity information may or may not be collected, used or disclosed in relation to services provided under subsection (2).

The minister, under subsection (3), may give different directions for different categories of personal identity information, personal identity information services and government services.

Connected services provider

69.3

In this section, sharing means collection, use and disclosure.

The minister responsible for this Act may designate a public body as a connected services provider.

A connected services provider, by exercising its powers respecting the sharing of personal information, may provide the following services:

establishing and maintaining an online platform for the purpose of facilitating access to and delivery of services and programs of one or more other public bodies;

facilitating the sharing of personal information between public bodies;

identifying services and programs for which a person may be eligible;

any other service related to an online platform referred to in paragraph (

a) that the minister responsible for this Act considers appropriate.

For the purposes of this section, the minister responsible for this Act may give directions to a connected services provider or a public body

respecting the type and quantity of personal information that is to be shared between public bodies,

respecting the privacy and security of personal information that is shared,

respecting the format in which personal information is shared,

identifying, for a specified category of personal information, which source of data to use for that category of personal information, and

respecting the circumstances in which particular types of personal information may or may not be shared.

The minister, under subsection (4), may give different directions in relation to different

persons or classes of persons,

public bodies or classes of public bodies, and

categories of personal information.

The minister must

notify the commissioner of a designation under subsection (2), and

if the commissioner requests, make the privacy impact assessment for the designation available to the commissioner for the commissioner's review and comment.

Certain records available without request

The head of a public body must make available to the public, without a request for access under this Act, the following records if they were created for the purpose of interpreting an enactment or for the purpose of administering a program or activity that affects the public:

manuals, instructions or guidelines issued to the officers or employees of the public body;

substantive rules or policy statements adopted by the public body.

The head of a public body may sever from a record made available under this

section any information the head of the public body would be entitled under

Part 2 of this Act to refuse to disclose to an applicant.

If information is severed from a record, the record must include a statement of

the fact that information has been severed from the record,

the nature of the information severed from the record, and

the reason for severing the information from the record.

The head of a public body may require a person who asks for a copy of a record made available under this

section to pay a fee to the public body.

Head of public body must establish categories of records available without request

Subject to subsection (1.1), the head of a public body

must establish categories of records that are in the custody or under the control of the public body and are available to the public without a request for access under this Act, and

in the case of records in the custody or under the control of the public body that contain personal information about an individual, may establish categories of those records that the public body may make available to the individual without a request for access under this Act.

1.1

The head of a public body must not establish a category of records that contain personal information unless the information

may be disclosed under

section 33, or

would not constitute, if disclosed, an unreasonable invasion of the personal privacy of the individual the information is about.

1.2

Section 22 (2) to (4) applies to the determination of unreasonable invasion of personal privacy under subsection (1.1) (

b) of this section.

1.3

The head of a public body may sever from a record made available under this

section any information the head of the public body would be entitled under

Part 2 of this Act to refuse to disclose to an applicant.

1.4

If information is severed from a record, the record must include a statement of

the fact that information has been severed from the record,

the nature of the information severed from the record, and

the reason for severing the information from the record.

The head of a public body may require a person who asks for a copy of a record available under subsection (1) (

a) to pay a fee to the public body.

Subsection (1) does not limit the discretion of the government of British Columbia or a public body to disclose records that do not contain personal information.

Minister may establish categories of records available without request

71.1

Subject to subsection (2), the minister responsible for this Act may establish categories of records that are in the custody or under the control of one or more ministries and that, without a request for access under this Act,

are available to the public, or

in the case of a record that contains personal information about an individual, a ministry may make available to the individual.

The minister responsible for this Act must not establish a category of records that contain personal information unless the information

may be disclosed under

section 33, or

would not constitute, if disclosed, an unreasonable invasion of the personal privacy of the individual the information is about.

Section 22 (2) to (4) applies to the determination of unreasonable invasion of personal privacy under subsection (2) (

b) of this section.

The minister responsible for this Act may require one or more ministries to disclose a record that is within a category of records established under subsection (1) of this

section or

section 71 (1).

If required to disclose a record under subsection (4), a ministry must do so in accordance with any directions issued relating to the disclosure by the minister responsible for this Act.

The head of a public body may sever from a record made available under this

section any information the head of the public body would be entitled under

Part 2 of this Act to refuse to disclose to an applicant.

If information is severed from a record, the record must include a statement of

the fact that information has been severed from the record,

the nature of the information severed from the record, and

the reason for severing the information from the record.

Repealed

[Repealed 2002-13-14.]

Protection of public body from legal suit

No action lies and no proceeding may be brought against the government, a public body, the head of a public body, an elected official of a public body or any person acting on behalf of or under the direction of the head of a public body for damages resulting from

the disclosure, or failure to disclose, in good faith of all or part of a record under this Act or any consequences of that disclosure or failure to disclose, or

the failure to give any notice required under this Act if reasonable care is taken to give the required notice.

For certainty, subsection (1) applies in relation to records referred to in

section 3 (3) and (5).

Recovery of personal information

73.1

If the head of a public body has reasonable grounds to believe that personal information in the custody or under the control of the public body is in the possession of a person or an entity not authorized by law to possess the information, the head of the public body may issue a written notice demanding that person or entity to do either of the following within 20 calendar days of receiving the notice:

return the information to the public body or, in the case of electronic records, securely destroy the information and confirm in writing the date and the means by which the information was securely destroyed;

respond in writing and declare why the person or entity considers that

the information was not in the custody or under the control of the public body when the person or entity acquired possession of the information, or

the person or entity is authorized by law to possess the information.

The written notice referred to in subsection (1) must

identify, with reasonable specificity, the pe