Section 48 - Protection of commissioner and staff

Overview

This section protects the Commissioner and his or her staff from legal proceedings arising from any acts undertaken in good faith or with an honest intention in the performance of the duties, powers or functions specified in Part 4 (Office and Powers of Information and Privacy Commissioner) and Part 5 (Reviews and Complaints) of the Act.

Section Reference

Section 48 of the Freedom of Information and Protection of Privacy Act:

No proceedings lie against the commissioner, or against a person acting on behalf of or under the direction of the commissioner, for anything done, reported or said in good faith in the exercise or performance or the intended exercise or performance of a duty, power or function under this Part or Part 5.

Summary

This section protects the Commissioner and his or her staff from legal proceedings arising from any acts undertaken in good faith in the performance of the duties, powers or functions specified in Part 4 (Office and Powers of Information and Privacy Commissioner) and Part 5 (Reviews and Complaints) of the Act.

Interpretation

"good faith" means that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one’s duty or obligation [Black's].

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 25, 2007