Freedom of Information and Protection of Privacy Act

Questions and Answers for Faculty at Vancouver Island University

The Freedom of Information and Protection of Privacy (FOI/POP) Act gives individuals rights based on two principles:

1. that records in the custody or control of public institutions are available to individuals; and
2. that personal information held by public institutions is protected from unauthorized collection, use and disclosure, unless consent for release is given.

The legislation affects the way faculty and employees deal with such student records as exams, grades, evaluations, appeals, etc. The Act also requires institutions to establish policies and procedures for retention and disposal of files.

As there are two distinct aspects to the Act, the questions and answers have been arranged into issues of privacy and access to information.

What is a record?

Record is defined in Schedule 1 of the Act and includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other things on which information is recorded or stored by graphic, electronic, mechanical or other means but does not include a computer program or any other mechanism that produces records.

What constitutes personal information?

The definition of personal information includes information such as the name, address, phone number, race, origin, colour, political or religious beliefs, age, sex, sexual orientation, marital or family status and any identifying number, symbol or other particulars assigned to an individual. It also includes genetic information such as fingerprints or blood type, and personal history regarding health, education, finances, criminal records or employment. And finally, it includes anyone else’s opinion about the individual and the individual’s personal views or opinions, unless they are about someone else.