Freedom of Information and Protection of Privacy Act

British Columbia, Bill 50 - 1992, Bill 62 - 1993

PART 1 -- Introductory Provisions

1. Definitions
2. Purposes of this Act
3. Scope of this Act

PART 2 -- Freedom of Information

Information Rights and How to Exercise Them

4. Information rights
5. How to make a request
6. Duty to assist applicants
7. Time limit for responding
8. Contents of response
9. How access will be given
10. Extending the time limit for responding
11. Transferring a request

Exceptions

12. Cabinet confidences
12.1 Local Public Body Confidences
13. Policy advice or recommendations
14. Legal advice
15. Disclosure harmful to law enforcement
16. Disclosure harmful to intergovernmental relations or negotiations
17. Disclosure harmful to the financial or economic interests of a public body
18. Disclosure harmful to the conservation of heritage sites, etc.
19. Disclosure harmful to individual or public safety
20. Information that will be published or released within 60 days
21. Disclosure harmful to business interests of a third party
22. Disclosure harmful to personal privacy

Notice to Third Parties

23. Notifying the third party
24. Time limit and notice of decision

Public Interest Paramount

25. Information must be disclosed if in the public interest

PART 3 -- Protection of Privacy

Collection, Protection and Retention of Personal Information by Public Bodies

26. Purpose for which personal information may be collected
27. How personal information is to be collected
28. Accuracy of personal information
29. Right to request correction of personal information
30. Protection of personal information
31. Retention of personal information

Use and Disclosure of Personal Information by Public Bodies

32. Use of personal information
33. Disclosure of personal information
34. Definition of consistent purposes
35. Disclosure for research or statistical purposes
36. Disclosure for archival or historical purposes

PART 4 -- Office and Powers of Information and Privacy Commissioner

37. Appointment of commissioner
38. Resignation, removal or suspension of commissioner
39. Acting commissioner
40. Salary, expenses and benefits of commissioner
41. Staff of commissioner
42. General powers of commissioner
43. Power to authorize a public body to disregard requests
44. Powers of commissioner in conducting investigations, audits or inquiries
45. Statements made to the commissioner not admissible in evidence
46. Protection against libel or slander actions
47. Restrictions on disclosure of information by the commissioner and staff
48. Protection of commissioner and staff
49. Delegation by commissioner
50. Role of Ombudsman
51. Annual report of commissioner

PART 5 -- Reviews and Complaints

Reviews by the Commissioner

52. Right to ask for a review
53. How to ask for a review
54. Notifying others of review
55. Mediation may be authorized
56. Inquiry by commissioner
57. Burden of proof
58. Commissioner's orders
59. Duty to comply with orders

Complaints About and Reviews of Decisions on Information in the Commissioner's Records

60. Adjudicator to investigate complaints and review decisions
61. Powers, duties and protections of adjudicator
62. Right to ask for a review
63. How to ask for a review
64. Notifying others of review
65. Conduct and outcome of the review

PART 6 - General Provisions

66. Delegation by the head of a public body
67. Consultative committee
68. Annual report of minister
69. Freedom of information directory
70. Policy manuals available without request
71. Records available without request
72. Public record index
73. Protection of public body from legal suit
74. Offences and penalties
75. Fees
76. Power to make regulations
76.1 Power to make bylaws
77. Appropriation
78. Interim relationship to other Acts
79. Review of Act
79.1 Right to disclose preserved
80. Consequential Amendments
81. Commencement

Schedules

Schedule 1 - Definitions
Schedule 2 - Public Bodies
Schedule 3 - Governing Bodies of Professions or Occupations