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Freedom of Information and Protection of Privacy (FIPPA) FAQs
When do I ask for information under the FIPPA?
First, contact the department you think has the information. If the department cannot provide you with what you need, you then have the option of filing a formal FIPPA request for information through WorkSafeBC's Freedom of Information and Protection of Privacy Office:
PO Box 2310 Stn Terminal
Vancouver, BC V6B 3W5
Tel: 604 279-8171
Fax: 604 279-7401
How do I know where to look for information?
A directory of government records is available at your local library and in provincial and municipal government offices to help you locate information. This directory includes an index of WorkSafeBC records.
How do other people, such as employers and union representatives file a request for a copy of a claim file?
Generally, employers only have the right to access claim file records when they participate in a review or appeal of a claim. A representative of a claimant may have access if they have a valid consent signed by the claimant. They should send their written requests (specifying the worker's name and claim number and representative's name and telephone number) to the Disclosures Department of WorkSafeBC, PO Box 5350 Stn Terminal, Vancouver, BC V6B 5L5 or fax your request to 604 276-3102.
As a worker with a WorkSafeBC claim, how do I make a formal request for my personal information contained in WorkSafeBC records?
If you want a copy of your WorkSafeBC claim file, send your written request (specifying your name, claim number, address, and telephone number) to the Disclosures Department of WorkSafeBC, PO Box 5350 Stn Terminal, Vancouver, BC V6B 5L5 or fax your request to 604 276-3102.
How do I receive access to other WorkSafeBC records that are not claim file records?
You can submit a request in writing to the Freedom of Information and Protection of Privacy Department of WorkSafeBC, PO Box 2310 Stn Terminal, Vancouver, BC V6B 3W5. The request must be in writing and be sufficiently detailed for a WorkSafeBC employee to locate the records. The request may be submitted in a letter or by filling out a Request for access to records (PDF 53kb) Form 11M7. The staff of WorkSafeBC's Freedom of Information and Protection of Privacy Office can help you clarify your request.
Do I have to pay for my records?
There is no fee for any records that are considered your personal information, like your claim file records. A request under the FIPPA for records other than your personal information may require a fee to cover costs. If there are costs involved, a written fee estimate will be given to you once we have received and reviewed your request.
How do I ask for correction of my own information?
You should first contact the WorkSafeBC department that holds the record directly. If there is any question about the accuracy of the changes or if the manager declines to make a change, you have the right to ask for correction of your own information by writing to WorkSafeBC's Freedom of Information and Protection of Privacy Office. State clearly what the error is, how you want it corrected and, if possible, where the error occurs.
How do I file a privacy complaint?
If you think your privacy has been violated, you may send your complaint to either:
Freedom of Information and Protection of Privacy Office
WorkSafeBC
PO Box 2310 Stn Terminal
Vancouver BC V6B 3W5
Tel: 604 279-8171
Fax: 604 279-7401
OR
Office of the Information and Privacy
Commissioner for British Columbia
PO Box 9038, Stn. Prov. Govt.
Victoria, BC V8W 9A4
Location:
3rd Floor, 756 Fort Street
Victoria, BC V8W 1H2
Telephone:
(250) 387-5629
What kind of information can WorkSafeBC disclose about a firm or business?
Generally, WorkSafeBC is required to release information about a firm or business in response to a request.
The FIPPA requires WorkSafeBC not to 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
History
In 1994, the Office of the Information and Privacy Commissioner (OIPC) reviewed a decision by WorkSafeBC to refuse to disclose information related to specifically named companies. WorkSafeBC refused to disclose the information because it considered it to be “confidential business information”.
In the order issued by the OIPC, (Order 1994-22), subsequently upheld by the British Columbia Supreme Court, the IPC held that information that was derived or created by WorkSafeBC did not meet the criteria established by the FIPPA, as it was not supplied either implicitly or explicitly in confidence to WorkSafeBC.
As a result, WorkSafeBC was ordered to disclose the requested information which included the experience-rated assessment rate, claims costs charged, and total assessments charged and collected.
The IPC further stated that even if the information had been supplied in confidence, WorkSafeBC must still provide detailed and convincing evidence that the disclosure would harm a business’ competitive position before it could refuse to disclose the information. Mere speculation that it might harm the business is not enough to satisfy the legislative requirements. In light of these findings by the IPC, WorkSafeBC may disclose information related to an employer, such as: a firm’s name and address, classification unit (CU), injury rate, claim counts, assessable payroll, and assessment rate.
Exceptions to access
In addition to the confidential business information exception, WorkSafeBC may be required to withhold information about a small firm. This is because if a firm is small, disclosing certain information about that firm may actually reveal personal information about firm employees or owners, which, under FIPPA, cannot be disclosed.
For example:
- The assessable payroll of a smaller firm may reveal the salary paid to the employees of that firm
- The claims costs may reveal information about the benefits received by the employees of that firm who filed claims with WorkSafeBC
- The claims counts may reveal the claims history of that firm’s employees
- The address of the firm may be the home address of the firm’s owner
When considering requests for disclosure of information about a firm, WorkSafeBC takes into account its obligations to protect personal and confidential business information, and its responsibility to disclose non-protected information.
Where WorkSafeBC is uncertain about whether information is protected by FIPPA it has an obligation to notify the person or firm the information is about, and obtain their input.
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.
Copies of the Commissioner’s order and the Judicial review are both available online.