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Section 33 - Disclosure of Personal Information

Last updated on June 7, 2022

Overview

Section 33 establishes a defined set of purposes under which a public body may disclose personal information.  

Section 33 content is under development, and this page is being updated as new sections are ready. To provide your feedback on content, such identifying priority sections or page content suggestions, please contact IM.ITPolicy@gov.bc.ca. If you need information about the application of section 33, please contact Privacy.Helpline@gov.bc.ca. 

You can view the latest updates to the FOIPPA Manual and subscribe to updates on the Manual homepage.  

Section Reference

Section 33 of the Freedom of Information and Protection of Privacy Act

(1) A public body may disclose personal information in its custody or under its control only as permitted by subsections (2) to (9) or by section 33.3. 

(2) A public body may disclose personal information in any of the following circumstances: 

        (a) in accordance with Part 2; 

        (b) if the information or disclosure is of a type described in section 22 (4) (e), (f), (h), (i) or (j); 

        (c) if the individual the information is about has identified the information and has consented, in the prescribed manner, to the disclosure; 

        (d) for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose within the meaning of section 34 [definition of consistent purpose]; 

        (e) in accordance with an enactment of British Columbia or of Canada that authorizes or requires the disclosure; 

        (f) if the information is made available to the public under an enactment that authorizes or requires the information to be made public; 

        (g) in accordance with a provision of a treaty, arrangement or written agreement that 

                (i) authorizes or requires the disclosure, and 

                (ii) is made under an enactment of British Columbia, other than this Act, or an enactment of Canada; 

        (h) to an officer or employee of the public body, or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister; 

        (i) to an officer or employee of a public body, or to a minister, if the information is necessary to protect the health or safety of the officer, employee or minister;  

        (j) to an officer or employee of a public body, or to a minister, if the information is necessary for the purposes of planning or evaluating a program or activity of a public body; 

        (k) to an officer or employee of a public body or an agency, or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties, respecting the common or integrated program or activity, of the officer, employee or minister to whom the information is disclosed; 

        (l) to comply with a subpoena, warrant or order issued or made by a court or person in Canada with jurisdiction to compel the production of information in Canada; 

        (m) to the Attorney General or legal counsel for the public body 

                (i) for the purpose of preparing or obtaining legal advice for the government or public body, or 

                (ii) for use in civil proceedings involving the government or public body; 

        (n) to the minister responsible for the Coroners Act or a person referred to in section 31 (1) of that Act, for the purposes of that Act; 

        (o) for the purpose of collecting amounts owing to the government or a public body by 

                (i) an individual, or 

                (ii) a corporation of which the individual the information is about is or was a director or officer; 

        (p) for the purposes of 

                (i) a payment to be made to or by the government or a public body, 

                (ii) authorizing, administering, processing, verifying or cancelling a payment, or 

                (iii) resolving an issue regarding a payment; 

        (q) for the purposes of licensing, registering, insuring, investigating or disciplining persons regulated by governing bodies of professions or occupations; 

        (r) if the information was collected by observation at a presentation, ceremony, performance, sports meet or similar event 

                (i) that was open to the public, and 

                (ii) at which the individual the information is about appeared voluntarily; 

        (s) to the auditor general or a prescribed person or body for audit purposes; 

        (t) if the disclosure is necessary for 

                (i) installing, implementing, maintaining, repairing, troubleshooting or upgrading an electronic system or equipment that includes an electronic system, or 

                (ii) data recovery that is undertaken following the failure of an electronic system, 

        that is used by the public body, or by a service provider for the purposes of providing services to a public body; 

        (u) if the disclosure is necessary for the processing of information and the following apply: 

                (i) the processing does not involve the intentional accessing of the information by an individual; 

                (ii) any processing done outside of Canada is temporary; 

        (v) if the information is metadata and the following apply: 

                (i) the metadata is generated by an electronic system; 

                (ii) the metadata describes an individual's interaction with the electronic system; 

                (iii) if practicable, information in individually identifiable form has been removed from the metadata or destroyed; 

                (iv) in the case of disclosure to a service provider, the public body has prohibited subsequent use or disclosure of information in individually identifiable form without the express authorization of the public body; 

        (w) if the information 

                (i) was disclosed on social media by the individual the information is about, 

                (ii) was obtained or compiled by the public body for the purpose of enabling the public body to engage individuals in public discussion or promotion respecting proposed or existing initiatives, policies, programs or activities of the public body or respecting legislation relating to the public body, and 

                (iii) is disclosed for a use that is consistent with the purpose described in subparagraph (ii); 

        (x) to an Indigenous governing entity for the purposes of a program or activity that supports the exercise of the rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Summary

Section 33 applies to the disclosure of personal information.   

Section 33 permits, not requires, disclosure at the discretion of the public body. As indicated by the word "may" in subsections (1) through (9), a public body uses its discretion and considers each new situation on its own merits.  

If a public body exercises their discretion to disclose personal information under one of the authorities outlined in section 33, they are also required to adhere to the requirements set out in section 33.1, if that disclosure is of sensitive personal information to be stored outside of Canada. 

Procedure 

Procedures for section 33 are under development, and will be posted to this page when ready. You can subscribe to updates and view the latest updates to the FOIPPA Manual on the Manual homepage.  

Interpretation 

Interpretation Note (33 (2) (x)): 

An organization may self-identify as an Indigenous governing entity (IGE) under FOIPPA after considering the following, non-exhaustive list of factors or characteristics of an IGE: 

  • An entity that has been authorized to act on behalf of section 35 rights holders as an Indigenous governing body.  

  • A band under the federal Indian Act. 

  • An entity that carries out various administrative, legislative and financial functions on behalf of its members. 

  • An entity exercising governmental functions, such as negotiating government-to-government agreements with the Province or Canada. 

  • An organization authorized to provide a representative function on behalf of an Indigenous peoples.  

Section 35 of the Constitution Act, 1982 explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. Section 35 of the Constitution Act, 1982 also indicates that the term Aboriginal peoples of Canada includes the First Nation, Inuit and Métis peoples of Canada.  

As per sections 8.1(2) and (3) of the Interpretation Act, this provision must also be interpreted as upholding and not abrogating and derogating from section 35 rights, as well as being consistent with the UN Declaration.  

Examples 

Examples of how section 33(2)(x) may enable the sharing of personal information to an Indigenous governing entity could include when the Province and an Indigenous governing entity have engaged in the following:  

  • Partnering for the purposes of Land Use Planning 

  • Shared decision making for the purposes of managing natural resources 

  • Consulting and collaborating on the issuance of natural resource permits 

  • Transitioning resource management responsibilities from the province to the nation 

  • Collaborating on compliance and enforcement activities 

  • Emergency Planning 

  • Entering into a joint or consent decision-making agreement relating to the exercise of a statutory power of decision 

Sectional Index of Commissioner's Orders

The Office of the Information and Privacy Commissioner maintains a Sectional Index of Commissioner’s orders organized by the Act’s section numbers. 

 

The information in this manual is not intended to be and should not take the place of legal advice.  

Last updated: May 2022