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WorkSafeBC

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Freedom of Information and Protection of Privacy

Access to information and protection of privacy at WorkSafeBC

The Freedom of Information and Protection of Privacy Act (FIPPA) came into force in October 1993 and covers all provincial ministries, crown corporations, agencies, commissions and boards, including WorkSafeBC.

The FIPPA increases government accountability and protects personal privacy by:

  • Giving the public a right of access to government records
  • Giving individuals the right to obtain and ask for correction of his or her personal information
  • Preventing the unauthorized collection, use, or disclosure of personal information
  • Provides for a review by an independent information and privacy commissioner of decisions respecting the collection, use or disclosure of information

Restrictions on the collection of personal information

Under the FIPPA, WorkSafeBC cannot collect personal information unless it is authorized to do so. Subject to some exceptions, personal information must be collected from the individual directly. When personal information is used, WorkSafeBC must take reasonable steps to ensure that it is accurate.

Right of access and correction of personal records

Except in limited circumstances, you have a right to access your own information held by WorkSafeBC. If you believe a record about you is inaccurate, you can request that the information be corrected.

Restrictions on the use and disclosure of personal information

WorkSafeBC cannot use or disclose personal information except as permitted in the FIPPA. Generally, personal information can only be used for the purpose for which it was collected, for consistent purpose, or with your consent. Personal information may be used for research purposes, within strict guidelines.

Your privacy

An important principle of the FIPPA is that personal information held by public bodies such as WorkSafeBC should be protected from unauthorized collection, use, and disclosure.

For more specific information on privacy, read the Privacy Statement of WorkSafeBC (PDF 26kb).

Exceptions to access

The FIPPA recognizes that there are situations when information should not be released. There are two types of exceptions: mandatory and discretionary.

WorkSafeBC must refuse to disclose a record if:

  • It reveals cabinet confidences (limit of 15 years)
  • Disclosure is harmful to business interests of a third party (such as trade secrets)
  • Disclosure is harmful to personal privacy

All other exceptions are discretionary. WorkSafeBC decides whether information will be withheld because:

  • The record reveals advice and recommendations developed by or for a public body or a minister
  • The record contains legal advice that is subject to solicitor/client privilege
  • Disclosure is harmful to law enforcement
  • Disclosure is harmful to the financial or economic interests of WorkSafeBC or another public body
  • Disclosure is harmful to individual or public safety
  • The information will soon be published or released within 60 days

Disclosing information about a firm or business

The FIPPA provides that WorkSafeBC must not disclose confidential business information. However, to be considered "confidential business information", the following criteria must be met:

  • The information must be trade secrets, commercial, financial, labour relations, scientific, or technical information about a third party
  • The information must be supplied implicitly or explicitly in confidence
  • The disclosure must reasonably be expected to significantly harm the competitive position of the third party

Exceptions
WorkSafeBC may be required to withold information about a small firm or business because, if a firm is small, disclosing certain information about that firm may actually reveal personal information about the firm’s employees or owner.

Orders and Penalties
WorkSafeBC may also disclose details of orders issued against a firm, or the number and amounts of any penalties imposed on a firm.

This information can be disclosed by WorkSafeBC because:

  • It is not considered to be confidential business information under the FIPPA
  • Disclosing this information assists WorkSafeBC to promote healthy and safe workplaces through enforcement, consultation, and education. 

There may be certain circumstances when the public interest overrides the above exceptions. For instance, where there is a serious environmental, health, or safety hazard, the FIPPA requires that WorkSafeBC disclose this, whether or not a formal request for information has been made.

WorkSafeBC provides access to claim file records to workers, and under limited circumstances, to their employers. Read Request for claim file disclosure for more information or see the frequently asked questions.

Additional resources:

Freedom of Information Fact Sheet for WorkSafeBC Service Providers (PDF 31kb)

Individual's Consent to Disclosure of Personal Information Form #31D (PDF 8kb)

Contact information

To contact WorkSafeBC's FIPP office, telephone 604 279-8171 in the Lower Mainland or toll-free 1 866 266-9405 within B.C. and Alberta or fax 604 279-7401.

 

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