Section 31.1 - Application to Employees & Others

Overview

Section 31.1 states that Part 3 of the Act (Protection of Privacy) applies to a public body as well as the employees, officers and directors of the public body and to the public body’s service providers, including the employees and associates of the service providers.

Section Reference

Section 31.1 of the Freedom of Information and Protection of Privacy Act

The requirements and restrictions established by this Part also apply to

1. the employees, officers and directors of a public body, and
2. in the case of an employee that is a service provider, all employees and associates of the service provider.

Summary

Section 31.1 states that any requirement or restriction that applies to a public body with respect to the collection, use, access to, storage, retention, or disclosure of personal information, applies equally to the employees, officers and directors of the public body and to a public body’s service providers, including the employees and associates of the service providers.

Policy

It is the responsibility of the public body to inform its employees, officers, directors and service providers, including the employees and associates of the service providers.

1. that the Freedom of Information and Protection of Privacy Act applies to them, and
2. that they now have legislated responsibilities under this Act.

Interpretation

Interpretation Note 1

“by this Part” refers to Part 3 – Protection of Privacy of the Freedom of Information and Protection of Privacy Act.

Public bodies and service providers, including employees and associates of the service provider) are governed by the Act with regard to the collection, protection, retention, use, access to and disclosure of personal information.

Sectional index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: August 3, 2007