FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Act

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (PDF 251KB)

Regulations

Access to Information Regulation (posted April 21, 2010)

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

Note: This Act does not come into force until January 1st, 2010. 

Under the Final Agreement, the Tsawwassen Government is to provide Tsawwassen Members access to information in the custody and control of a Tsawwassen Institution (defined as Tsawwassen Government, and any body, board or commission it may establish). The Tsawwassen Government is to also provide persons other than Tsawwassen Members with access to information in the custody and control of a Tsawwassen Institution if the matters the information relates directly and significantly affects that person. The Final Agreement also provides that in the event of a conflict with a Tsawwassen law respecting the protection of personal information, federal or provincial law applies. To avoid a conflict, the Act provides similar protections of personal information as is contained in federal or provincial law.

For the purposes of access to information by persons other than Tsawwassen Members, that Act defines these persons as qualifying persons. The chief administrative officer will determine whether the information requested by a qualifying person should be provided. There are two main functions of this Act. First, to provide access to specified information, including personal information; and second, to provide for the proper collection and retention of personal information collected by Tsawwassen Institutions.

Requests for access to information will be made in writing to the chief administrative officer, who must respond within a specified time period. Subject to some exceptions, the chief executive officer will advise the applicant if access may be given and if so, how it will be given. Records exempted from disclosure are similar to records exempted by other governments, including but not limited to, judicial records, records related to law enforcement or prosecutions, records protected by solicitor client privilege, and records of an officer of the Executive Council or legislature.

Except in relation to documents containing personal information, the Act applies to information created after April 3, 2009.

The Act provides for the collection of personal information only if that collection is authorized by Tsawwassen law, for purposes of law enforcement or is required for an operating program or activity of a Tsawwassen Institution. Use of personal information can only be used for the purposes for which it was collected, or consistent with that use, or if the individual about whom the information is about consents to its use. The Act also provides persons with the opportunity to request that personal information be corrected.
The Executive Council may authorize the chief executive officer to disregard requests for information that would unreasonably interfere with the operations of a Tsawwassen Institution because those requests are: (a) repetitious or systematic; or are (b) frivolous or vexatious.

Finally, the Act provides for a review by the judicial council of a decision, act or failure by the chief administrative officer respecting a request to access to a record or for the correction of information. Furthermore, if a person believes that their personal information was improperly collected, used, disclosed, retained or disposed of, they may also complain to the judicial council.