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(1) |
The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy.
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(2) |
In
determining under subsection (1) or (3) whether a disclosure of personal information
constitutes an unreasonable invasion of a third party's personal
privacy, the head
of a public body must consider all the relevant circumstances,
including whether |
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(a)
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the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny,
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(b)
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the disclosure is likely to promote public health and safety or to promote the protection of the environment,
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(c)
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the personal information is relevant to a fair determination of the applicant's rights,
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(d)
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the disclosure will assist in researching or validating
the claims, disputes
or grievances of aboriginal
people,
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(e)
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the third
party will be exposed unfairly
to financial or other harm,
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(f)
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the personal information has been supplied in confidence,
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(g)
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the personal information is likely to be inaccurate or unreliable, and
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(h)
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the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant.
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(3) |
A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if
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(a)
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the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation,
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(b)
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the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,
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(c)
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the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels,
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(d)
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the personal information relates to employment, occupational or educational history,
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(e)
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the personal information was obtained on a tax return or gathered for the purpose of collecting a tax,
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(f)
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the personal information describes the third party's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness,
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(g)
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the personal information consists of personal recommendations or evaluations, character references or personnel evaluations about the third party,
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(h)
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the disclosure could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation,
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(i)
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the personal information indicates the third party's racial or ethnic origin, sexual orientation or religious or political beliefs or associations, or
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(j)
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the personal information consists of the third party's name, address or telephone number and is to be used for mailing lists or solicitations by telephone or other means.
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(4) |
A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if
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(a)
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the third party has, in writing, consented to or requested the disclosure,
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(b)
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there are compelling circumstances affecting anyone's health or safety and notice of disclosure is mailed to the last known address of the third party,
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(c)
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an enactment of British Columbia or Canada authorizes the disclosure,
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(d)
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the disclosure is for a research or statistical purpose and is in accordance with section 35,
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(e)
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the information is about the third party's position, functions or remuneration as an officer, employee or member of a public body or as a member of a minister's staff,
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(f)
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the disclosure reveals financial and other details of a contract to supply goods or services to a public body,
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(g)
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public access to the inform |
