Section 47 - Restrictions on Disclosure of Information by the Commissioner & Staff

Overview

This section places restrictions on the disclosure of information by the Commissioner and his or her staff. The Commissioner, or those acting under his or her direction, must not disclose information they obtain in the performance of their duties subject to specific exceptions necessary to conduct an investigation and establish the grounds for findings.

Section Overview

Section 47 of the Freedom of Information and Protection of Privacy Act

1. The commissioner and anyone acting for or under the direction of the commissioner must not disclose any information obtained in performing their duties, powers and functions under this Act, except as provided in subsections (2) to (5).
2. The commissioner may disclose, or may authorize anyone acting on behalf of or under the direction of the commissioner to disclose, information that is necessary to
   1. conduct an investigation, audit or inquiry under this Act, or
   2. establish the grounds for findings and recommendations contained in a report under this Act.
3. In conducting an investigation, audit or inquiry under this Act and in a report under this Act, the commissioner and anyone acting for or under the direction of the commissioner must take every reasonable precaution to avoid disclosing and must not disclose
   1. any information the head of a public body would be required or authorized to refuse to disclose if it were contained in a record requested under section 5, or
   2. whether information exists, if the head of a public body in refusing to provide access does not indicate whether the information exists.
4. The commissioner may disclose to the Attorney General information relating to the commission of an offence against an enactment of British Columbia or Canada if the commissioner considers there is evidence of an offence.
5. The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in the course of a prosecution, application or appeal referred to in section 45.

Summary

During the conduct of a investigation, inquiry or audit, or in a report, the Commissioner, and anyone acting for or under the direction of the Commissioner, must not disclose any information that a head of a public body would be required or authorized to withhold under sections 12 through 22 (Exceptions to Disclosure). The Commissioner, and anyone acting for or under the direction of the Commissioner, may not disclose the existence of specific records, if the head of the public body has, under section 8 (Refused to confirm or deny the existence of a record), not acknowledged the existence of the records.

The Commissioner, and anyone acting for or under the direction of the Commissioner may disclose information relating to the commission of an offence, or information in the course of a prosecution, or appeal application referred to in section 45.

Interpretation

Interpretation Note 1 (Section 47(4)):

If the Commissioner has reason to believe that an offence against an enactment of British Columbia or Canada has occurred, the Commissioner may provide any related information in his/her custody and/or control to the Attorney General.

Section 88 (8) of the Legal Profession Act has created a limitation on subsection 47(4) by requiring that the Commissioner not disclose to the Attorney General, information relating to the commission of an offence against an enactment of British Columbia or Canada, if the information is subject to Solicitor Client Privilege. The, S.B.C. 1998, chapter 9 states:

Section 47(4) of the Freedom of Information and Protection of Privacy Act does not apply to information that, but for this Act and the production of the information to the commissioner under that Act, would be subject to solicitor client privilege.

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: July 25, 2007