The Act does not replace existing procedures for access or limit in any way access to information that is not personal information and is available to the public outside the Act.
Public bodies often receive letters that state the writer is seeking access to a record "under the Freedom of Information and Protection of Privacy Act." The public body first determines whether the request is for records that are available through routine channels. Where records are routinely available, the request is not processed formally despite the applicant's mention of the Act. The public body informs the applicant that the requested records are routinely available and provides the applicant with the records or states where the records may be found. If the records are not routinely available the public body processes the request as a formal request under the Act.
Some letters requesting access to records may not contain any reference to the Act. The public body first determines whether the records are available through routine channels. If the records are not available through routine channels, the public body processes the request as a formal request under the Act. Written requests for records not routinely available are FOI requests even if the applicant does not use the FOI request form or cite the Act.
Prior to making a formal request, an applicant is advised to contact the public body they believe holds the records and request copies. The records sought by an applicant may be routinely available without placing a formal request. Even if the applicant decides to make a formal request, they are still advised to contact the public body in question. Program staff at the public body can help them refine their request and locate the records. This will save time and expense for both the applicant and the public body.
Some requests contain a combination of questions and requests for records. The Information and Privacy Units of public bodies respond to the FOI requests and generally refer the questions to the Communication/Public Affairs offices. Questions, even if submitted on the FOI request form, are not FOI requests; the Act provides access to records only.
An applicant can make a formal request for records under the Act by writing to either the Information and Privacy Unit or to any program area of the public body where the applicant believes the records to be. The applicant may (1) write a letter requesting records, or (2) fill out and submit a Request for Access to Records form.
Although a request under the Act must be made in writing, an applicant is not required to provide a telephone number, address, or even their name when making a request. In those rare cases where this occurs, a public body will have problems in processing the request and meeting the applicant's information needs.
Access by persons unable to prepare a written submission
For those who are unable to submit a request in writing, Section 2 of the Freedom of Information and Protection of Privacy Regulation, BC Reg. 323/93,applies to
oral requests .
An applicant may make an oral request for access to a record if
(a) the applicant’s ability to read and write English is limited, or
(b) the applicant has a physical disability that impairs his or her ability to make a written request.
Examples:
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An applicant can only write in Braille and the public body does not have access to services that would assist in reading Braille script.
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An applicant with certain muscular disabilities cannot type or hold a pen.
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An applicant has a limited ability to read and write in English.
Applicants who are hearing impaired may use the message relay centre at
Telus to place calls. Information on this service is available in local public telephone directories.
Access to personal information
When applicants seek access to their own personal information, the public body verifies that the applicant is the person to whom the personal information relates. Suitable means of identifying an applicant will vary depending on the sensitivity of the record and is decided on a case-by-case basis.
As a preliminary step, the public body always compares identifying information on the request form with the information in their possession. Spelling of name, address, telephone number, signature, handwriting, etc. are reviewed and compared with the information on file.
Public bodies take at least one additional step to verify the identity of the requester. The nature of this step will vary given the particular circumstances of the request and the public body involved. It may involve questioning the requester on unique personal information contained in the record itself. For example, a public body may request the applicant's personal health number before disclosing a medical record.
Where a public body has significant doubts about the applicant's identity and sensitive personal information is involved, the public body may require personal attendance and the presentation of photo identification. However, requiring personal attendance may be overly restrictive and place barriers on an individual's right of access. As well, many individuals do not have photo identification or identification with a signature. For these reasons, public bodies do not use personal attendance as the standard form of identification.
