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OVERVIEW
Section 30.2 creates an obligation for
public bodies,
service providers and
employees of
both to notify
the
minister responsible for this Act if they receive, or become aware of, a
foreign
demand for disclosure of
personal
information that is not authorized by the
Freedom
of Information and Protection of Privacy Act.
SECTION REFERENCE
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30.2 |
(1)
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In
this section: |
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"foreign demand
for disclosure" means a subpoena, warrant, order, demand or
request that is |
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(a)
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from a
foreign court, an agency of a foreign state or another authority
outside Canada, and
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(b)
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for
the unauthorized disclosure of
personal information
to which this Act applies;
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"unauthorized disclosure of personal
information" means disclosure of, production of or the provision
of access to personal information to which this Act applies, if that
disclosure, production or access is not authorized by this Act. |
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(2)
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If a
public body,
an
employee of a public body or an
employee or associate of a
service provider |
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(a)
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receives a
foreign demand for disclosure,
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(b)
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receives a request to disclose, produce or provide
access to personal information to which this Act applies, if the
public body, employee or other person receiving the request
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(i) |
knows that the request is for the purpose of
responding to a foreign demand for disclosure, or |
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(ii) |
has reason
to suspect that it is for such a purpose, or |
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(c) |
has reason to suspect that
unauthorized disclosure of personal information has occurred in response to
a foreign demand for disclosure; |
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the head of the public body, the employee or
other person must immediately notify the
minister responsible for this Act. |
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(3)
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The notice under subsection (2) must include,
as known or suspected, |
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(a)
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the nature
of the foreign demand for disclosure, |
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(b)
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who made
the foreign demand for disclosure, |
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(c)
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when the
foreign demand for disclosure was received, and |
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(d)
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what
information was sought by or disclosed in response to the foreign demand for
disclosure. |
SUMMARY
Section 30.2 defines “foreign demand for disclosure” and “unauthorized
disclosure of personal information”, and outlines what a public body needs to do
when it receives a foreign request for disclosure.
POLICY
Public bodies, service providers, and employees of both must
notify the minister responsible for this Act if they receive, or become aware
of, a foreign demand for disclosure of personal information that is not
authorized by the Freedom of Information and Protection of Privacy Act.
The information required for this notice is set out in subsection 30.2(3).
PROCEDURE
- The notice to the minister about a foreign demand for disclosure, as
known or suspected, should include the following information:
- the nature of the foreign demand for disclosure,
- who made the foreign demand for disclosure,
- when the foreign demand for disclosure was received, and
- what information was sought by or disclosed in response to the
foreign demand for disclosure.
- In addition, the notice should inform the minister of how the public
body, service provider or employee plans to respond to the request.
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A copy of the notice can be obtained via
- telephone: the Privacy Helpline, at (250) 356-1851,
- e-mail: cpiaadmin@gov.bc.ca,
or,
- regular mail: Privacy and Legislation Branch,
Office of the Chief Information Officer,
Ministry of Labour and Citizens’ Services,
PO Box 9499, Stn Prov Govt,
Victoria, B.C,
V8W 9N9
INTERPRETATION
Section 30.2(1) defines “foreign demand for disclosure” in a broad way
to include any kind of request from an authority outside of Canada and defines
“unauthorized disclosure of personal information” as the disclosure of,
production of, or the permitting of access to, personal information for a
purpose that is not authorized by this Act.
Section 30.2(2) obligates the head of a public body, a service
provider, an employee of a public body or service provider, or an associate of a
service provider to notify the Minister responsible for the Act if it:
- receives a foreign demand for disclosure;
- receives a request to disclose or produce personal information which
it knows, or suspects, is for the purpose of responding to a foreign
demand for disclosure; or,
- has reason to suspect that an unauthorized disclosure of personal
information in response to foreign demand for disclosure has occurred.
Section 30.2(3) sets out what information must be included in a notice
to the Minister under this section.
REFERENCES
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