"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
Learning Objectives

How to decide if information is
releasable

Practice applying your knowledge to
different types of records
DECIDING IF
INFORMATION IS
RELEASABLE
Disclosure laws
Public sector
Federal
BC
Private sector
• Access to
Information Act • PIPEDA
• Privacy Act
• FOIPPA
(FIPPA)
• Personal
Information
Protection Act
(PIPA)
Two disclosure processes
Request for
Information
Routine
Disclosure
Process
Formal (FOI)
Request
Process
How do you decide if information is
routinely releasable?

Your options are:
1. Check your disclosure policies
2. Check online resources (LG Q&A)
3. Ask the FOI Guy
4. Analyze the info yourself
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
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
Info that cannot be routinely released

Info restricted under FOIPPA

Info restricted under another law

Other sensitive info
• 11 exceptions to disclosure
• personal information is radioactive!
• eg. voter’s lists - Local Government Act
• eg. internal memo re: potential for lawsuit
What if it isn’t routinely releasable?



“Sorry, it’s not routinely releasable”
Start the FOI process immediately
Care and feeding of your “FOI Guy”
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)
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 City’s financial interests
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
Timelines and Fees

Routine release

FOI process
• No deadline for response
• Can charge fees (with by-law authority)
• 30-day deadline for response
• Fee schedule in FOIPPA
Review





What are the 2 processes for releasing
info?
How do you know if something is
routinely releasable?
What do you say if something isn’t
routinely releasable?
What kind of info is “radioactive”?
Should you be nice to the FOI Guy?
APPLYING YOUR
KNOWLEDGE
Building records






Letter of complaint about a property
Report prepared by building inspector
Photos of property
Building plans
Fire report
Internal complaint investigation manual
Permit and license records




Electrical, plumbing and building permits
Names and addresses of contractors
Business licenses
Dog licenses
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
Employment records






Employee name and work address
Employee home address
Employee salary
Employee marital status
Employee grievance file
Confidential severance agreement
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
Procurement records




Proposal (RFP or Tender)
Bid evaluation records
Supply contract
Consulting contract
Property tax and assessments





Property owner name and mailing address
Last year’s assessed value for the property
Taxes payable
Taxes in arrears
Home Owner Grant claimed for the property
For more information…





Office of the Information & Privacy
Commissioner
Ministry of Citizens’ Services, Office of the Chief
Information Officer
Local Government Q&A
(http://www.cio.gov.bc.ca/local/cio/priv_leg/documents/f
oippa/local_govt_qa.pdf)
LGMA FOIPPA workshops
Paul Hancock, City of Vancouver
•
paul.hancock@vancouver.ca, (604) 873-7999