Section 30.2 - Obligation to report foreign demand for disclosure

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

Section 30.2 of the Freedom of Information and Protection of Privacy Act

30.2 (1) In this section: "foreign demand for disclosure" means a subpoena, warrant, order, demand or request that is

(a) from a foreign court, an agency of a foreign state or another authority outside Canada, and

(b) for the unauthorized disclosure of personal information to which this Act applies;

"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.

(2) If a public body, an employee of a public body or an employee or associate of a service provider

(a) receives a foreign demand for disclosure,

(b) 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

(i) knows that the request is for the purpose of responding to a foreign demand for disclosure, or

(ii) has reason to suspect that it is for such a purpose, or

(c) has reason to suspect that unauthorized disclosure of personal information has occurred in response to a foreign demand for disclosure;

the head of the public body, the employee or other person must immediately notify the minister responsible for this Act.

(3) The notice under subsection (2) must include, as known or suspected,

(a) the nature of the foreign demand for disclosure,

(b) who made the foreign demand for disclosure,

(c) when the foreign demand for disclosure was received, and

(d) 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

1. 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.

2. In addition, the notice should inform the minister of how the public body, service provider or employee plans to respond to the request.

3. A copy of the notice can be obtained via

   • telephone:  the Privacy Helpline at (250) 356-1851 

   • e-mail:  privacy.helpline@gov.bc.ca

   • mail:   Privacy and Legislation Branch
                 Ministry of Technology, Innovation and Citizens’ Services
                 PO Box 9499, Stn Prov Govt 
                 Victoria, BC  V8W 9N9

Interpretation

Interpretation Note 1

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.

Sectional Index of Commissioner's Orders

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

Last updated: July 19, 2007