Broadcasting Personal Information without Consent

Year
2018
Number
B59
Sponsor(s)
qathet RD

Whereas a presentation by Bradley Weldon from the Office of the Information and Privacy Commissioner OIPC was given at the annual CEOCAO Forum on March 20, 2018 and dealt with application of the Freedom of Information and Protection of Privacy Act FOIPPA regarding a public body disclosing personal information inside or outside of Canada through broadcasting transmissions without the persons consent in the context of public hearingsmeetings and webcasting; And whereas the only operational solutions suggested were arduous and seemingly against all tenets of open and transparent public meetings and the advice given was to seek amendments to current legislation authorizing disclosure on the internet: Therefore be it resolved that UBCM request the Province of British Columbia to explore the need for amendments to the Freedom of Information and Protection of Privacy Act FOIPPA regarding the potential export of video personal information inside or outside of Canada.

Provincial Response

Ministry of Citizens Services The Freedom of Information and Protection of Privacy Act FOIPPA has two purposes: to make public bodies more accountable to the public, and to protect personal privacy. The Province is committed to ensuring that the balance between these two purposes is maintained. Restrictions on sharing or storing personal information outside of Canada are in place to ensure that British Columbians personal information is protected from harm. These restrictions are not an absolute prohibition; there are several authorities for disclosure and storage of personal information outside of Canada, one of which involves seeking consent. The Province acknowledges the challenges with obtaining informed and voluntary consent, in the format prescribed in the regulation to FOIPPA, in order for local government bodies to publish personal information in video recordings of public hearings or other meetings. The Office of the Information and Privacy Commissioner OIPC has made several recommendations to local government on how to address this problem through changes to internal procedures or municipal bylaws. The Province will continue to monitor this matter to ensure that the current requirements remain relevant and practical in a changing legal and technological environment.

Convention Decision
Endorsed