"Can I give this out?" What Frontline Staff Need to Know About FOI and Privacy

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"Can I give this out?" What Frontline Staff
Need to Know About FOI and Privacy

• 2010 LGMA Administrative Professionals'
  Conference
• Paul Hancock, City of Vancouver
• October 28, 2010

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Learning Objectives

• How to decide if information is releasable
• Practice applying your knowledge to different
  types of records

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• DECIDING IF INFORMATION IS RELEASABLE

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Disclosure laws
  Public sector Private sector
Federal Access to Information Act Privacy Act PIPEDA
BC FOIPPA (FIPPA) Personal Information Protection Act (PIPA)
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Two disclosure processes
Request for Information
Routine Disclosure Process
Formal (FOI) Request Process
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How do you decide if information is routinely
releasable?

• Your options are
• 1. Check your disclosure policies
• 2. Check online resources (LG QA)
• 3. Ask the FOI Guy
• 4. Analyze the info yourself

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Info that must be routinely released

• Most policies and procedures
• Some info relevant to public safety
• Some info required under other law
• eg. Rules of Court, Local Government Act, Workers
  Compensation Act, Income Tax Act

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Info that may be routinely released

• Info that is already publicly available
• Section 33 of FOIPPA. Examples
• Info required by police for law enforcement
  investigation
• Info required by another public body for common
  or integrated program or activity
• Info required for research purposes

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Info that cannot be routinely released

• Info restricted under FOIPPA
• 11 exceptions to disclosure
• personal information is radioactive!
• Info restricted under another law
• eg. voters lists - Local Government Act
• Other sensitive info
• eg. internal memo re potential for lawsuit

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What if it isnt routinely releasable?

• Sorry, its not routinely releasable
• Start the FOI process immediately
• Care and feeding of your FOI Guy

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A whirlwind tour of FOI

• Only records may be requested
• Request must be in writing
• Deadline for response
• All info must be released (subject to 11
  exceptions to disclosure)

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FOIPPA Exceptions to Disclosure (1)

• 1. Deliberations of a closed meeting
• 2. Advice or recommendations
• 3. Solicitor-client privilege
• 4. Harm to law enforcement
• 5. Harm to intergovernmental relations
• 6. Harm to Citys financial interests

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FOIPPA Exceptions to Disclosure (2)

• 7. Harm to heritage conservation
• 8. Information that will be released within 60
  days
• 9. Harm to individual or public safety
• 10. Harm to third party business interests
• 11. Harm to personal privacy

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Timelines and Fees

• Routine release
• No deadline for response
• Can charge fees (with by-law authority)
• FOI process
• 30-day deadline for response
• Fee schedule in FOIPPA

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Review

• What are the 2 processes for releasing info?
• How do you know if something is routinely
  releasable?
• What do you say if something isnt routinely
  releasable?
• What kind of info is radioactive?
• Should you be nice to the FOI Guy?

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• APPLYING YOUR KNOWLEDGE

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Building records

• Letter of complaint about a property
• Report prepared by building inspector
• Photos of property
• Building plans
• Fire report
• Internal complaint investigation manual

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Permit and license records

• Electrical, plumbing and building permits
• Names and addresses of contractors
• Business licenses
• Dog licenses

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Law enforcement records

• Name of a witness to a violent incident
• Incident investigation procedure manual
• Plans of a Recreation Centre
• Surveillance camera footage
• First aid report
• Police report

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Employment records

• Employee name and work address
• Employee home address
• Employee salary
• Employee marital status
• Employee grievance file
• Confidential severance agreement

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Legal records

• Confidential email from a lawyer
• Legal invoice
• Internal memo about a potential lawsuit
• By-law prosecution records

Solicitor-Client Privilege
Legal Professional Privilege
Litigation Privilege
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Procurement records

• Proposal (RFP or Tender)
• Bid evaluation records
• Supply contract
• Consulting contract

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Property tax and assessments

• Property owner name and mailing address
• Last years assessed value for the property
• Taxes payable
• Taxes in arrears
• Home Owner Grant claimed for the property

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For more information

• Office of the Information Privacy Commissioner
• Ministry of Citizens Services, Office of the
  Chief Information Officer
• Local Government QA (http//www.cio.gov.bc.ca/loc
  al/cio/priv_leg/documents/foippa/local_govt_qa.pdf
  )
• LGMA FOIPPA workshops
• Paul Hancock, City of Vancouver
• paul.hancock_at_vancouver.ca, [phone]