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Revised FOIPP Act Enacted

June 25, 2012 – The revised regulation to the Freedom of Information and Protection of Privacy Act (FOIPP Act) came into force.

Regulations are published biweekly in the British Columbia Gazette, Part II and the full text of the revised regulation will soon be available online at www.BCLaws.ca.

Many of the amendments made to the regulation flow from the November 2011 amendments to the FOIPP Act. Further, the regulation amendments address recommendations by both the 2004 and 2010 Special Committees of the Legislature that reviewed the FOIPP Act.

Significant amendments have been made to the regulation, which affect the implementation of several important authorities in the FOIPP Act. These amendments:

  • Clarify who can act on behalf of another individual under several sections of the FOIPP Act and align these provisions with those in the regulation to B.C.’s private-sector privacy legislation;
  • Facilitate employees of the Ministry of Finance’s audit programs in seeking and obtaining personal information for audit purposes;
  • Specify the limited purposes for which public bodies may collect personal information with consent;
  • Update the “prescribed manner” by which public bodies may obtain consent under several sections of the Act;
  • Make clear what documentation is required to establish a “common or integrated program or activity” under the Act;
  • Streamline and modernize the schedule of maximum fees;
  • Provide a prescribed form for giving notice of a disclosure in the public interest under section 25 of the Act; and
  • Identify what is a “social media site” under the Act.

Guidance for public bodies on these new and revised regulations is currently being developed.

The 2011 amendments to the FOIPP Act included a regulation-making authority to prescribe how data-linking initiatives must be carried out. These data-linking rules are not included in this revised regulation. Consultation on the data-linking regulation will begin in the upcoming months.

 

 

 

 

 

 

 

 

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