Title: "Can I give this out?" What Frontline Staff Need to Know About FOI and Privacy
1"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
2Learning Objectives
- How to decide if information is releasable
- Practice applying your knowledge to different
types of records
3- DECIDING IF INFORMATION IS RELEASABLE
4Disclosure laws
Public sector Private sector
Federal Access to Information Act Privacy Act PIPEDA
BC FOIPPA (FIPPA) Personal Information Protection Act (PIPA)
5Two disclosure processes
Request for Information
Routine Disclosure Process
Formal (FOI) Request Process
6How 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
7Info 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
8Info 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
9Info 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
10What if it isnt routinely releasable?
- Sorry, its not routinely releasable
- Start the FOI process immediately
- Care and feeding of your FOI Guy
11A 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)
12FOIPPA 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
13FOIPPA 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
14Timelines 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
15Review
- 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?
16 17Building records
- Letter of complaint about a property
- Report prepared by building inspector
- Photos of property
- Building plans
- Fire report
- Internal complaint investigation manual
18Permit and license records
- Electrical, plumbing and building permits
- Names and addresses of contractors
- Business licenses
- Dog licenses
19Law 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
20Employment records
- Employee name and work address
- Employee home address
- Employee salary
- Employee marital status
- Employee grievance file
- Confidential severance agreement
21Legal 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
22Procurement records
- Proposal (RFP or Tender)
- Bid evaluation records
- Supply contract
- Consulting contract
23Property 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
24For 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, (604) 873-7999