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Disclosure of Claim Files and the Freedom of Information and Protection of Privacy Act ("FIPPA")
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
May 12, 1998
Re: Disclosure of Claim Files and the Freedom of Information and Protection of Privacy Act ("FIPPA")
WHEREAS:
Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act"), the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers' Compensation Board (the "Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health, and must review and approve the operating policies of the Board;
AND WHEREAS:
The Information and Privacy Commissioner has suggested that the Board take steps to clarify the information available to workers on disclosure of their claim files;
AND WHEREAS:
Policy Item #99.30 of the Rehabilitation Services and Claims Manual is ambiguous in describing the information recorded on claim files;
AND WHEREAS:
The Panel sought clarification in Policy Item #99.30 of the Rehabilitation Services and Claims Manual on how the Board treats sensitive and personal information;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
Policy Item #99.30 of the Rehabilitation Services and Claims Manual be amended as follows:
The first two sentences in the first paragraph of the Item are replaced with the following wording:
The claim file is the master file for recording information used in the adjudication and administration of a claim. Information may exist outside of the claim file. However, all evidence used in the adjudication of the claim is contained in the claim file.
The second paragraph of the Item is replaced with the following wording:
Sensitive personal information that is received, which has not been specifically requested and which is not relevant to the adjudication or administration of the claim shall be returned to the sender and shall not become part of the claim file. When the Adjudicator or other Board officer has questions about the relevancy of information received, the information shall be brought to the attention of a Manager. The Manager shall make the decision as to whether information received is sensitive or irrelevant and whether the information should be placed on the claim file.