Freedom of Information and Protection of Privacy Act

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Village of Warfield Freedom of Information

The Village of Warfield Freedom of Information and Protection of Privacy

The Freedom of Information and Protection of Privacy Act (FIPPA) establishes a process for access to the records of public bodies, including local governments.  FIPPA applies to all records in the custody or under the control of public bodies including personal information.  The personal information you provide to the Village of Warfield is being collected in accordance with FIPPA and will be used only for the purpose of processing Village business.

FIPPA makes public bodies more open and accountable by balancing the following principles:

Freedom of Information (FOI)

  • Providing the public with a legislated right of access to information held by the Village of Warfield, including access to one’s own personal information.
  • Whenever possible and authorized by FIPPA, information held by the Village of Warfield should be available to the public.

Protection of Privacy (POP)

  • Preventing unauthorized collection, use or disclosure of personal information.
  • The Village of Warfield should not improperly collect, use or disclose personal information.

In addition to FIPPA requirements relating to the release of information and the protection of privacy, the Community Charter, “allows a council, by bylaw, to provide for public access to its records and to establish procedures respecting that access” (see Village of Warfield Administration of the Freedom of Information and Protection of Privacy Act Bylaw No. 938, 2023).  Schedule “A” Maximum Fees of Bylaw No. 938, 2023 includes a $10 application fee as well as the maximum fees that may be charged for locating, retrieving, producing and preparing the record(s) for disclosure.

The Act requires that the Village of Warfield must respond to a request for access to records within 30 days from the date of receipt of the request.  If a request is complex, the Village may extend this time within what FIPPA allows.

Once a legislative assessment has been completed by the Privacy Head, individuals making requests for records will be provided with an estimate of fees. To help reduce your fees and to minimize taxpayers’ expense, please narrow the scope of your request as much as possible and try to specify a date range as Village records date back many years.

What is a record?

The definition of a “record” includes:

  • books,
  • documents,
  • maps,
  • drawings (including building plans),
  • photographs,
  • letters,
  • vouchers,
  • papers and
  • any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means (including text and e-mail messages).

**The definition of a “record” does not include a computer “program” or any other mechanism that “produces” records.

What are routinely released records?

Routinely released records are records which the Village of Warfield produces and which must be released upon request without the submission of a written request for access.  There are no application fees or fees charged for processing the release of this information. The following are examples of some, but not all routinely released records:

  1. Bylaws
  2. Resolutions of the Village of Warfield adopted at a meeting from which the public was not excluded.
  3. Copies of meeting agendas and meeting minutes of Council, Committees and Commissions of the Village of Warfield from which the public was not excluded.
  4. Copies of Village staff reports, briefing notes etc. included in open public meeting agendas.
  5. Budgets and Five-Year Financial Plans.
  6. Copies of applications for, and issued Building Permits, Development Permits, Development Variance Permits (personal information excluded or disclaimer on application).

For a more exhaustive list, see Schedule “B” Village of Warfield Administration of the Freedom of Information and Protection of Privacy Act Bylaw No. 938, 2023.

***It is important to note that FIPPA covers access to records and the information contained in the records.  It is not the intention of FIPPA that Warfield staff compile and summarize research in order to answer specific questions.  Applicants for records are expected to conduct their own research based on records received from the Village and make their own interpretations.

Requesting one’s own personal information

A written request for records to obtain copies of one’s own personal information is required, but FIPPA prohibits public bodies from charging fees for this access.  Therefore, the $10 application fee and fees to process requests for one’s own personal information as set out in Bylaw No. 938, 2023 Schedule “A” do not apply.

What is personal information?

Personal information is any recorded information that identifies an individual directly or indirectly.

Examples include:

  • The individual’s name, address or telephone number.
  • The individual’s race, national or ethnic origin, color, religious or political beliefs.
  • Identification numbers (including bar codes) and reading and viewing choices.
  • The individual’s age, gender, sexual orientation, marital status or family status.
  • An identifying number, symbol or other particular assigned to the individual.
  • The individual’s fingerprints, blood type or inheritable characteristics.
  • The individual’s health care history, including physical or mental disability and or ambulance and other emergency response reports.
  • The individual’s educational, financial, criminal or employment history.
  • Anyone else’s opinions about the individual.
  • The individual’s personal views or opinions, except if they are about someone else.

**The definition of personal information is not exhaustive. There may be other types of information that, alone or in combination, would reveal the identity of a particular individual, such as:

  • human resource and payroll information,
  • customer name and address,
  • Credit card numbers
  • licence plates,
  • Location information such as IP addresses, GPS location, etc.

How to submit a request for records and fees to process requests

You can download and print out a paper copy of the conventional Freedom of Information (FOI) Request Form and submit it to the Village along with the $10 application fee to:

Village of Warfield, Privacy Head
corporateofficer@warfield.ca
555 Schofield Highway
Trail, BC  V1R 2G7
250-368-8202

Village of Warfield Privacy Management Program (PMP) and Policy

**Applicable to personal information and the protection of privacy

Through Bill 22-2021, the Province of BC has legislated via FIPPA that public bodies must develop and implement a privacy management program in accordance with the directions of the Minister responsible for FIPPA.  As a public body, the Village of Warfield has complied with these provisions through Council’s adoption of the Village of Warfield Privacy Management Program (PMP) Policy.  The policy describes how the Village collects, stores, uses, discloses and protects personal information.

The purpose of the PMP is to set expectations for privacy accountability and support compliance with the privacy requirements of FIPPA according to the Minister’s PMP Directions.  The requirements of the PMP are set out in the Village of Warfield PMP Policy which sets out procedures for managing privacy breaches, should they occur.  For more information see the Village of Warfield PMP Policy.

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