1. Presenter Name, Title, Department and Date.
Privacy, Access to
Information &
Confidentiality
Titre
Presenter Name, Title, Department and Date.

2. Overview RTIPPA: Confidentiality Final thoughts Right to Information
Protection of Privacy
Confidentiality
Final thoughts

3. RTIPPA – common issues Public bodies:
Increasing scope and number of requests
No fees
Meeting response deadlines
Lack of privacy resources, training
Information sharing

4. RTIPPA – common issues Applicants: Don’t always know what to ask for
Fees impede openness and transparency
Lack of proactive disclosure
Lack of explanation in responses
Too many exceptions, used too often
Redactions and blanket refusals

5. Right to Information Similar across Canada “Custody” or “control”
Elected officials:
Common exceptions for “personal” and/or “constituency” records

6. “Personal” Records one’s own; individual, private
intended for a particular person rather than a group
If related to business of local body, not likely to be “personal”
Alberta IPC Order used this type of language to describe “personal” records

7. “Constituency” Records
As an exception, narrow interpretation
Relates to being “elected”, not the local body’s mandate and functions
Alberta Order F :
from constituent to elected official demanding action, forwarded to administration

8. Custody or control of the record?
“in custody or under control” of the public body
Custody: implies physical possession, right to deal with the record and responsibility for its care
Control: authority to manage use, disclosure and disposition

9. Custody or control? EO business records kept in City Hall office:
Control, but not custody
City for non-business purposes:
Custody, but not control
Personal for business purposes:
Non-business records in City Hall office:
No custody or control

10. Personal email for public business

11. Personal email for public business
Should be avoided
Security risks (storage, 3rd party access)
Still subject to RTIPPA
Can’t use personal to avoid disclosure (personal offence)
If necessary, adopt a policy

12. Protection of Privacy Privacy obligations apply to elected officials!
R v. Skakun, 2014 BCCA 223:
Councillor disclosed confidential workplace harassment report to CBC
Convicted for unauthorized disclosure of personal information

13. Protection of Privacy
Common-law: Jones v. Tsige, “intrusion upon seclusion”
Damages up to $20,000
Bank employee accessed financial records of ex-spouse and his new partner, also employees of the bank, several times.
Intentional, highly offensive invasion of privacy without lawful justification causing distress, humiliation or anguish

14. It all started with a Facebook post!
Protection of Privacy
City of Oshawa:
$1 million claim, $20,000 for intrusion upon seclusion
potential municipal and personal liability
City reputation
City’s former real estate manager claimed $1 million against the City for breach of contract, negligence, breach of confidentiality, in relation to unauthorized disclosure of personal information – details surrounding his termination.
from City Manager was leaked on facebook. Online chatter later revealed the name of the employee.
IT investigation revealed that the was leaked by a councillor to a 3rd party, who posted it.
The councillor’s lawyer sent a letter to the City Solicitor, threatening to sue if the councillor’s name was disclosed.
The City Solicitor forwarded that letter to City Council, and it was also leaked to the media.
The City then added the councillor as a third party to the employee’s claim.
The councillor then commenced legal action against the City Solicitor, however later dropped this claim and was ordered to pay the City Solicitor’s legal costs.
Likely conflict of interest by the councillor for taking part in discussions regarding these actions without disclosing that he had originally leaked the .
It all started with a Facebook post!

15. Confidentiality Sources of regulation:
Local Governance Act (Oath of Office)
Codes of Conduct
RTIPPA (personal information)
Procurement Act
Oath of Office: “I will diligently, faithfully and impartially discharge to the best of my ability the duties of the office as may be imposed on me by law”

16. Confidentiality Consequences: Sanctions under Code of Conduct
RTIPPA –personal fine up to $10,200
Civil liability
Damage to reputation
Damaging effect on private session discussions

17. Result: suspension of 90 days’ pay (max penalty)
Confidentiality
Examples:
Oshawa
Carleton Place
Winnipeg
Carleton Place:
Mayor (councillor at the time of the incident) secretly recorded portions of in-camera Council meetings dealing with bidding on municipal land
Used the information to gain election support from prominent land developers
Ontario integrity commissioner ruled he breached of council’s code of conduct
Result: suspension of 90 days’ pay (max penalty)
 “the most egregious disclosure of confidential information I have ever encountered in nine years serving as an integrity commissioner.”
Winnipeg:
Councillor also a member of Police Board
Disclosed information re: potential location of new police building (in his own ward) publicly, prior to public consultation process.
Breach of Police Board Code of Conduct
Example of conflicting interests when serving on multiple boards

18. Final thoughts Elected officials are subject to RTIPPA
Keep personal and constituency records separate from business records
Do not disclose confidential information
Refrain from sharing “leaked” info
Avoid personal for business
Personal consequences