Freedom of Information and Protection of Privacy Act in British Columbia

Part 1 — Introductory Provisions
1 Definitions
2 Purposes of this Act
3 Scope of this Act
Part 2 — Freedom of Information
Division 1 — 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
Division 2 — Exceptions
12 Cabinet and 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
22.1 Disclosure of information relating to abortion services
Division 3 — Notice to Third Parties
23 Notifying the third party
24 Time limit and notice of decision
Division 4 — Public Interest Paramount
25 Information must be disclosed if in the public interest
Part 3 — Protection of Privacy
Division 1 — 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
30.1 Storage and access must be in Canada
30.2 Obligation to report foreign demand for disclosure
30.3 Whistle-blower protection
30.4 Unauthorized disclosure prohibited
30.5 Notification of unauthorized disclosure
31 Retention of personal information
31.1 Application to employees and others
Division 2 — Use and Disclosure of Personal Information by Public Bodies
32 Use of personal information
33 Disclosure of personal information
33.1 Disclosure inside or outside Canada
33.2 Disclosure inside Canada only
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
44.1 Maintenance of order at hearings
44.2 Contempt proceeding for uncooperative person
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
Division 1 — Reviews by the Commissioner
52 Right to ask for a review
53 How to ask for a review
54 Notifying others of review
54.1 Order for the severing of records
55 Mediation may be authorized
56 Inquiry by commissioner
57 Burden of proof
58 Commissioner’s orders
59 Duty to comply with orders
Division 2 — Investigations and Reviews by Adjudicator
59.1 References to commissioner
60 Adjudicator to investigate complaints and review decisions
60.1 Disregard of request under section 5 or 29
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 General information respecting use of personal information
69.1 Public information regarding health information banks
70 Policy manuals available without request
71 Records available without request
72 Public record index
73 Protection of public body from legal suit
74 General offences and penalties
74.1 Privacy protection offences
75 Fees
76 Power to make regulations
76.1 Ministerial regulation making power
77 Power to make bylaws
78 Appropriation
79 Relationship of Act to other Acts
80 Review of Act
81 Right to disclose preserved

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This entry was posted on Friday, February 13th, 2009 at 11:50 am and is filed under British Columbia Health Privacy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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