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A02.05.01Compliance With the Freedom of Information and Protection of Privacy Act

• Policy Statement
• General Information
• Procedures/Rules Statements
• Confidentiality Guidelines - Student Information (pdf)
• Freedom of Information and Protection of Privacy - Guidelines (pdf)
• Consent for the Release of Information Form (pdf)

Policy Statement

A public institution such as Douglas College must act within the law. As such, the College will seek to ensure that its employees and students are aware of the terms of the Freedom of Information and Protection of Privacy Act. Douglas College takes all reasonable steps to ensure that its employees do not knowingly break the law.

General Information

The Freedom of Information and Protection of Privacy Act (S.B.C. 1992, c.61) came into effect in October 1993 for government agencies and departments. In October 1994 this legislation was extended to encompass local public bodies, i.e. colleges, institutes, universities, school boards and hospitals. Amendments to the Freedom of Information and Protection of Privacy Act (FOIPOP Act) were passed on April 11, 2002.

The Act attempts to strike a balance between the public's right to access information and the individual's right to personal privacy. The Act provides detailed instructions on how the records and documents created and held by a public body are to be documented and how access to them is to be provided. The Act also delineates the types of personal information which may be collected and how this must be documented. The following is an overview of both facets of the Act. For detailed information, please consult the Freedom of Information and Protection of Privacy Act Policy and Procedures Manual: http://www.oipc.bc.ca/advice/FIPPA_Policies_and_Procedures(May2009).pdf

Procedures/Rules Statements

1. Freedom of Information:
   1. The College will maintain Personal Information Banks itemizing records under its jurisdiction. Records management retention schedules will be incorporated in the Personal Information Banks.
   2. Information of a public and routine nature and personal information about the person requesting it will be released informally. Mandatory and discretionary exceptions are clearly outlined in the Act.
   3. Individuals may make a formal application in writing for information not released informally as a matter of course. For detailed information, consult:

      http://www.gov.bc.ca/citz/iao/foi/submit/index.html

   4. When a formal request is received anywhere in the College, it must be forwarded to the FOIPOP Co-ordinator on the same day. The College has 30 business days to respond. The FOIPOP Co-ordinator follows the instructions within the Act to meet the requirements of the formal request. This may entail the request or transference of information to another public institution, the request for fees to be paid before a search is undertaken or contact with the requester to clarify the request.
   5. The Act specifies that the College has an obligation to assist the individual access information.
   6. The College President, as the head of the local public body, may authorize any person, usually the FOIPOP Co-ordinator, to perform the duties or functions of the head for the purposes of the Act.
2. Protection of Privacy
   1. The College will maintain Personal Information Banks indicating the nature of the information collected, the legal authority to do so, the individuals in the bank and the office of responsibility.
   2. The College will collect only that personal information for which it has a legal authority to do so. Information not expressly required for the operations of the department must not be collected. If information is collected from anyone other than the individual, the individual must be informed. The individual must give express consent if the information is to be used for purposes other than for what it was collected.
   3. Forms, paper or electronic, used to collect information should include a notice of legal authority, purpose/use of the information and a contact officer for further information.
   4. Information collected about an individual must be held for one year.
   5. Douglas College must correct your personal information if you request it, or make a note beside your personal information showing the correction you requested.
   6. The College will make reasonable security arrangements to protect your personal information from unauthorized access, use or disclosure.
   7. Third party information, either personal or economic, will be reviewed under Section 22 of the Act to determine whether such information may be released or would be an unreasonable invasion of the third party's personal privacy.
3. Definitions
   1. Records: A record includes books, documents, maps, letters, papers, photos and any other thing on which information is recorded or stored by graphic, electronic, mechanical or any other means. Any record created or obtained in the course of the duties of an employee of Douglas College belongs to Douglas College and is subject to the Act.

      Note that this definition excludes instructors' lecture notes and research material, but includes test banks and answers.

   2. Personal Information: Personal information is any information that enables identification as an individual such as name, address, telephone number, race, origin, colour, political or religious beliefs, age, sex, sexual orientation, marital or family status, and any identifying number or symbol assigned to you. This list is not exhaustive and may include other information.
4. Legal Authority:

   The College and Institutes Act grants power to the College Board to collect personal information from students and employees to fulfil the mandate of Douglas College. The Freedom of Information and Protection of Privacy Act and the amendments to it provide the legislative framework for access to information and protection of privacy.