What is Freedom of Information
Recently in Osoyoos there have been some questions raised regarding the town's perceived delays in granting information on issues of concern to citizens.
The perception of some of the Osoyoos Times readers has been that the Town of Osoyoos is hiding behind the Freedom of Information and Protection of Privacy Act (FOIPPA) when asked to provide reports or documents to Osoyoos taxpayers, such as the cost to taxpayers of the recent Rattlesnake Canyon court battle.
In order to clarify what the FOIPPA means, the Osoyoos Times has researched the Act in order to provide some explanation to readers.
Basically, FOIPPA allows a citizen to access some information from public bodies. As well, FOIPPA contains rules that a public body must follow when it wants to collect, use or disclose a citizen's personal information.
The purposes of the FOIPPA are to make public bodies more accountable to the public and to protect personal privacy by:rn- giving the public a right of access to recordsrn- giving individuals a right of access to, and a right to request correction of, personal information about themselvesrn- specifying limited exceptions to the rights of accessrn- preventing the unauthorized collection, use or disclosure of personal information by public bodiesrn- providing for an independent review of decisions made under this Act.
FOIPPA applies to all records in the custody or under the control of a public body, including court administration records, but there are certain restrictions.
To obtain access to a record, the applicant must make a written request that clearly identifies the record sought and submit it to the public body which has custody or control of the record.
Under FOIPPA, public bodies have 30 business days to respond to a request for records. In certain circumstances, the public body may take a 30 business day time extension, if, for example, the applicant has not given the public body enough detail to identify a requested record.
It is the duty of the head of a public body to assist applicants and to respond without delay to each applicant openly, accurately and completely.
The request for information is channelled to the information and privacy commissioner. B.C.'s present information and privacy commissioner is David Loukidelis.
The Office of the Information and Privacy Commissioner (OIPC) was created by statute in 1992, and is headed by the commissioner.
The commissioner and the OIPC oversee the application and enforcement of B.C.'s information and privacy laws, which involve two main functions:rn- ensuring that people have access to information in records held by governmentrn- ensuring that government protects the privacy of the personal information contained in those records.
The OIPC's legal authority comes from FOIPPA.
FOIPPA applies to public bodies in the province of B.C.
Public bodies include provincial government ministries; provincial agencies, boards and commissions; provincial Crown corporations; local municipalities, regional districts, improvement districts, universities, colleges, school boards, municipal police forces and hospitals.
It does not include the office of an MLA or the Legislative Assembly itself, nor does it include the B.C. Provincial Court, the B.C. Supreme Court or the B.C. Court of Appeal.
Every public body has to comply with the Act. However, there are exceptions to the Act that can limit or withhold information and deny an applicant access. If the head of a public body refuses disclosure, that is where the freedom of information is halted.
Sections 12 – 22 of FOIPPA outlines the exceptions to disclosure.
For example, Section 14 allows a public body to withhold communications between itself and its legal counsel.
Section 20 states that a public body may withhold information from an applicant if it had already planned to release or publish information within 60 days, or if it is already for sale to the public.
Other exceptions to disclosure involve such issues as law enforcement matters, intergovernmental relations and harm to individual or public safety.
If an applicant is dissatisfied with a public body's decision, the applicant may request, in writing, a review of the decision. The request is then passed on to a portfolio officer who will work with the applicant and the public body to try to mediate a settlement.
The entire FOIPPA includes information on rights and how to exercise them, exceptions, definitions and details about protection of privacy.
Those wishing to obtain further details about FOIPPA can access the Act by checking out the following web sites: www.oipc.bc.ca or www.mser.gov.bc.ca/privacyaccess
