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Administrative Practices

AP C2 - Freedom of Information Requests

Legislative References: Freedom Of Information and Protection of Privacy Act, Sections 4-11
Policy Reference:2.80 Freedom of Information and Protection of Privacy Act Designation of Head
Collective Agreement References: None
Date:May 1, 2024

Purpose 

British Columbia’s Freedom of Information and Protection of Privacy Act (FOIPPA) enables the public to request and obtain copies of records held by all public bodies when those records are not routinely available. 

The purpose of this Administrative Practice is to set out the District’s process for responding to requests for information in accordance with the Act. 

Processes

1.  Students, staff and members of the public are entitled to seek access to records within the custody and control of the School District. In order to support access to information and records, the School District has established different processes for each of the following types and categories of requests:
1.1.  
Requests for access to publicly available information; and
1.2.  
Requests for access to other records.
2.Requests For Publicly Available Information
2.1.  
The School District supports appropriate transparency and accountability and routinely makes information available on its public website.  
2.2.  
Individuals seeking access to, or information about, records that are publicly available should contact the Director of Corporate Services.  
3.Processing of Access Requests Under FOIPPA
3.1.  
Staff who receive requests for access to records under FOIPPA will promptly refer the request or requestor to the Director of Corporate Services.
3.2.  
A Request to Access Records Form shall be completed and submitted in respect of each request for information.
3.3.FOIPPA permits verbal requests for access to records to be made in special circumstances, such as where there are language or other barriers to making a written request. In such cases, the Director of Corporate Services will record the verbal request in writing and confirm it with the Applicant.
3.4.Authority to respond to Access Requests is vested in the Superintendent or their designate. 
3.5.The Superintendent or their delegate will consult, where appropriate, with the responsible department or school prior to the release of records responsive to a request.
3.6.It is the responsibility of the Superintendent or their designate to provide responses to Access Requests to the requestor.  
3.7.Employees of the District are expected to provide reasonable and timely cooperation to the District if requested to assist in searching for records responsive to an access request or to consult on the release of records.  
3.8.Where required to respond to an access request, the District may conduct searches of electronic records where such records are maintained on the School District’s systems or servers.  Accordingly, employees wishing to avoid any inadvertent intrusions, should not retain private or non-work-related documents or communications on the School District’s systems or servers.
3.9.The FOIPPA applies to all records within the custody or control of the School District, and the School District has an obligation to assist those requesting access to records under the FOIPPA. Accordingly, employees may not destroy or delete records that may be responsive to an existing access request, nor should employees seek to use personal email accounts or devices to conduct District business or carry out employment functions.  
3.10.The District may require proof of identity from individuals requesting access to their own personal information.
3.11.The District reserves the right to charge fees for processing access requests but will do so only as permitted and accordance with the requirements of the FIPPA. 

Appended to this Administrative Practice: 

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GULF ISLANDS SCHOOL DISTRICT 64