Freedom of Information and Protection of Privacy

The Freedom of Information and Protection of Privacy Act (FIPPA) ("the Act") aims to make public bodies more accountable to the public and to protect personal privacy.

Freedom of Information (FOI) Requests

FIPPA applies to all records in the custody or under the control of a public body, subject to exceptions identified in the Act.

A record defined in the Act includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but doesn’t include a computer program or any other mechanism that produces a record.

Access to City Records

Routinely Available Records

Most of the information sought by the public is available and provided routinely. Information may be available online or by contacting the appropriate department. Routinely available records include, but are not limited to, Council agendas, minutes and policies, annual reports and bylaws.

Formal Requests

If the information you are seeking is not routinely available, a formal request must be made. Formal Freedom of Information (FOI) requests must be made in writing. Your request must be clear and specific with enough detail for staff to locate and retrieve the records.

You may use our FOI Application Form, deliver in person, mail or email your request as well to:

Legislative Services

City of West Kelowna City Hall
3731 Old Okanagan Highway,

West Kelowna, BC, V4T 0G7

legislative.services@westkelownacity.ca

Fees for requests

Section 75 of the Freedom of Information and Protection of Privacy Act allows the City to charge applicants fees for costs associated with processing requests to access records under the Act. The City of West Kelowna Fees and Charges Bylaw No. 0028 establishes the maximum fees are those set out in the Freedom of Information and Protection of Privacy Regulation Schedule of Maximum Fees.

The Act prohibits public bodies from charging applicants for access to their own personal information. The Act also states that the first three hours spent searching for and retrieving the records is free of charge. If the request includes a large volume of records to be searched, we will send you a fee estimate before proceeding with your request, which will require a deposit for us to proceed.

To help reduce fees and to minimize taxpayers' expense, please narrow the scope of your request as much as possible. As well, you should try to specify a date range as our records date back many years.

How we respond to requests

Responses for informal requests

An informal request is handled by the department the request was made with. The department will respond to your request as quickly as possible. Some responses are able to be made over the phone.

Responses for formal FOI requests

The Act allows the City to withhold information if releasing it would be an invasion of privacy or cause harm by one of the means listed in the Act. If the City withholds any information the FOI Head will tell you which section or sections under the Act were used in making this decision.

If we deny access to any record or part of the record you may ask for a review by the British Columbia Information and Privacy Commissioner.

How long the request process takes

The Act requires that the City respond to your request within 30 business days of receipt of your request. We will make every effort to make the records available to you sooner if possible. The majority of our requests are processed within 15-30 days.

If your request is broad in scope or includes a large volume of records, we may extend the time limit for responding under Section 10 of the Act, for up to an additional 30 business days. For very large and/or difficult requests we may apply to the British Columbia Information and Privacy Commissioner for an additional time extension.

The Act includes specific exemptions to disclosure, which means certain records and information in records are to be protected and are not meant to be made available to the public. Some exemptions are mandatory while others are at the discretion of the FOI Head based on the circumstances surrounding the request.

Reasons for denying access

For example, reasons for denying access to information held by the City are generally related to the protection of:

Personal privacy
Business trade secrets
Solicitor-client privilege
Deliberations of Council or Council Committees that are authorized to be held in the absence of the public (also known as closed or “in camera” meetings)
Policy advice, staff recommendations or draft regulations not yet made public
Information that may harm a law enforcement matter (this includes bylaw enforcement matters)
Information that may harm the financial interests of the City

If we redact records or information you requested, you will be advised of the reasons and section(s) of the Act on which you have been denied full access. If you are not satisfied with how the City responds to your FOI request, you may ask the Information and Privacy Commissioner of British Columbia to review the City’s response.

How we protect personal information

The Act protects privacy by restricting the collection, use and disclosure of personal information. Personal privacy rights only extend to individuals and does not include businesses, societies, corporations, etc.

We only collect personal information when we have the authority to do so, or when the collection is related to and necessary for an operating program. We must only collect personal information directly from you, unless we have legal authority to collect the information from another source. These rules apply even if the information is held by another government body.

The personal information we collect must only be used for the purpose it was collected for or for a use consistent with the reason it was collected. The Act permits the use or disclosure of personal information in other ways, but only under very narrow circumstances. For example, when you make a bylaw complaint we collect your personal information to keep you informed of your complaint. As a complainant, your personal information is protected and not made public. The only time you personal information would be disclosed to another public body is to comply with court orders/proceedings.

Privacy Principles

Always identify the purpose for collecting your personal information
Only collect information we need
Protect the information we collect
Dispose of personal information in a secure way

Collection of Information

We collect information to conduct operations and provide services.

Some of the information we collect

Personally identifiable information

Your name, contact and other information may be collected when contacting us to provide City services.

Financial/payment information

Financial information is only stored for customers and vendors when provided for payment processing.

Digital images

Photos and videos may be taken at public events (i.e. Canada Day celebrations) and engagement activities and are used with permission (except for large groups).

Utility Usage

Data about water consumption supports utility billing, leak detection, etc.

Permitting & Licencing Information

Personal information is collected when you apply for permits and licenses. Business contact information provided as part of an application is not considered personal information and may be made available to the public. Any personal information on a permit or license is available to the public.

How we collect information

Online or In Person

When accessing a City service, visiting a City facility, filling out a form or a survey on our website, we obtain information to help serve you or get feedback. This might include personal information to help us further assist you. We will never sell or trade your information with anyone else.

Email Communications

When sending an email to a City email address we will collect personal information that may be contained in the email message. We will never initiate a conversation asking for sensitive information (e.g. financial information) from you by email.

Telephone Calls

We do not record phone calls. However, some information gathered during a call may be used to open a service request or to send an email to staff so they can further assist you, this may be a voice mail.

Public Hearings

When you make a submission to Council or speak at a public hearing, the correspondence and your name and address becomes part of the official record for that public hearing. Your personal contact information (email or telephone number) will not be released publicly.

How we use the information we collect

The information we collect will only be used for the purpose that it was collected. For example, we would not use an email address that you used to login to your Online Services to send you City news alerts (unless you signed up for those). Your information will not be disclosed to third parties without your permission, except when it is required by law (as outlined it the Act).

Security

Information is stored both in hard copy and electronically and is accessed only by authorized staff, when needed and only for the purpose it was collected.

You have the right to request:

How and why your personal information was collected and how it is being used
To have your personal information updated or corrected (a change in name or address for tax purposes must be made through BC Assessment)
A copy of your personal information that we have

For more information on your rights please visit the website for the Office of the Information and Privacy Commissioner – What are my rights? webpage.

Whenever possible, we will provide details about what information we are collecting, the purpose for collecting it and how to accept or decline to provide us information. Possibly, if you decline to provide us with the necessary information we may not be able to assist or provide you with service you are requesting.

Legislative Services
City of West Kelowna City Hall
3731 Old Okanagan Highway,
West Kelowna, BC, V4T 0G7
legislative.services@westkelownacity.ca
778-797-2250