About the Freedom of Information and Protection of Privacy Act
The Freedom of Information and Protection of Privacy Act (the “Act”) is provincial legislation that came into effect in October of 1993. In the fall of 1994, post-secondary institutions were added to the list of public bodies to which the Act applies. The Act has two main purposes:
- To make public bodies more open and accountable by providing the public with the right of access to records, and
- To protect personal information from unauthorized collection, use, or disclosure by public bodies.
The Act applies to all records in the custody or control of the University. Upon request, records must be made available, subject only to the exceptions provided for in the Act. An applicant may request access not only to records containing personal information about him/her, but may also request access to general records of the University.
There are two types of exceptions under the Act:
- Mandatory non-disclosure – where information must not be disclosed, and
- Discretionary non-disclosure – where information may or may not be disclosed, at the discretion of the University, but in conformance with the provisions of the Act.
The Act does not apply to:
- A record containing information about a question that is to be used on an exam,
- A record containing teaching materials or research information of University employees, or
- Notes or draft decisions of a person acting in a judicial or quasi-judicial capacity.
The Act can be viewed in its entirety at the Web site of the Office of the Information and Privacy Commissioner: http://www.oipc.bc.ca. In addition, the provincial Ministry of Labour and Citizens’ Services publishes a Policy and Procedures Manual: http://www.cio.gov.bc.ca/cio/priv_leg/manual/index.page.
How to make an access to information request
The head of a public body, or their delegate, is responsible for compliance with the Act. The University Counsel is the person that has been delegated this authority and responsibility pursuant to the Act.
1. All requests must be submitted in writing. Requests for personal information must be signed by the applicant.
2. To assist with the processing of the request, make your request as specific and concise as possible. Furthermore, to make the search process as efficient as possible, and hence lower costs and response times, you should identify the areas where you think the requested records may be located.
3. Your request must include your contact information. We recommend that you provide the following:
- Your name
- Your address
- Your day-time telephone number
- Your e-mail address
4. Send, email, or fax, your request to:
ACCESS AND PRIVACY
Office of the University Counsel
University of British Columbia
6328 Memorial Road
Vancouver, BC
V6T 1Z2
Email: access.and.privacy@ubc.ca
Fax: (604) 822-8731
Steps normally followed once a request has been received
Request for personal information
- Request is received.
- Request is logged onto a master list and assigned a reference number.
- Acknowledgement letter is sent to the applicant.
- A memorandum is sent out to the various area(s) to search for the requested records.
- Once the area(s) have completed their search, any records are forwarded to the FOI Specialist in the Office of the University Counsel.
- Upon receiving the records, the FOI Specialist goes through the records and determines if any third party notification letters have to be sent out and if any information should be removed from the records in accordance with the Act.
- Once all records have been reviewed, the material is prepared for release.
- A response letter is sent to the applicant, along with copies of any releasable records.
- After receiving a response letter, the applicant has 30 days in which to request a review by the Commissioner.
Request for non-personal information
- Request is received.
- Request is logged onto a master list and assigned a reference number.
- Acknowledgement letter is sent to the applicant informing him/her that a fee may be charged for the requested records.
- A memorandum is sent out to the various area(s) to provide estimates of how long it will take to locate, compile, and organize the requested records and how many pages they anticipate the records will comprise.
- Once the area(s) have provided their time and page estimates to the Office of the University Counsel, the FOI Specialist prepares an aggregate fee estimate for the applicant.
- Upon receiving acceptance of the fee estimate by the applicant, the records are prepared.
- Upon receiving the records, the FOI Specialist goes through the records and determines if any third party notification letters have to be sent out and if any information should be removed from the records in accordance with the Act.
- Once all records have been reviewed, the material is prepared for release.
- A response letter is sent to the applicant, along with copies of any releasable records.
- After receiving a response letter, the applicant has 30 days in which to request a review by the Commissioner.
Email and Privacy Legislation
Please click here to view responses to the questions that have been asked with respect to the Freedom of Information and Protection of Privacy Act (“FIPPA”) and email.
