"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 sectorPrivate 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 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 ( oippa/local_govt_qa.pdf ) LGMA FOIPPA workshops Paul Hancock, City of Vancouver (604)