"Can I give this out?" What Frontline Staff Need to Know About FOI and Privacy 2010 LGMA Administrative Professionals' Conference Paul Hancock, City of.

"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 Private sector

Federal• Access to

Information Act• Privacy Act

• PIPEDA

BC• 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• 11 exceptions to disclosure

• personal information is radioactive!

Info restricted under another law• eg. voter’s lists - Local Government Act

Other sensitive info• 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• No deadline for response

• Can charge fees (with by-law authority)

FOI process • 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

Legal Professional Privilege

Litigation Privilege

Solicitor-Client 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/foippa/local_govt_qa.pdf)

LGMA FOIPPA workshops Paul Hancock, City of Vancouver

• [email protected], (604) 873-7999