A private institution such as Franklin English Language College (FELC) must act within the law. As such, FELC will seek to ensure that its employees and students are aware of the terms of the Freedom of Information and Protection of Privacy Act. FELC takes all reasonable steps to ensure that its employees do not knowingly break the law.
The Freedom of Information and Protection of Privacy Act
The Freedom of Information and Protection of Privacy Act (S.B.C. 1992, c.61) came into effect in October 1993 for government agencies and departments. In October 1994 this legislation was extended to encompass local public bodies, i.e. colleges, institutes, universities, school boards and hospitals. Amendments to the Freedom of Information and Protection of Privacy Act (FOIPOP Act) were passed on April 11, 2002. The Act attempts to strike a balance between the public’s right to access information and the individual’s right to personal privacy. The Act provides detailed instructions on how the records and documents created and held by a public body are to be documented and how access to them is to be provided. The Act also delineates the types of personal information which may be collected and how this must be documented. The following is an overview of both facets of the Act. For detailed information, please consult the BC Government – Information Policy and Privacy Branch web site.
Procedures as pertaining to Protection of Privacy
With the exception of the Private Career Training Institutions Agency of BC, FELC will not supply or sell your personal information to any other party. In accordance with Part 4(10)(1)(a) of the Personal Information Protection Act, your name and personal identification information, the name of your program of study, and the amount of the tuition paid will be forwarded to the Private Career Training Institutions Agency for the purpose of administering the Student Training Completion Fund. This information is collected by the PCTIA under section 26 of the Freedom of Information and Protection of Privacy Act. For more information about the collection, use and disclosure of your personal information, visit the Agency’s website at www.pctia.bc.ca.
FELC will collect only that personal information for which it has a legal authority to do so. Information not expressly required for the operations of the department must not be collected. If information is collected from anyone other than the individual, the individual must be informed. The individual must give express consent if the information is to be used for purposes other than for what it was collected.
Forms, paper or electronic, used to collect information should include a notice of legal authority, purpose/use of the information and a contact officer for further information.
Information collected about an individual must be held for one year.
FELC must correct your personal information if you request it, or make a note beside your personal information showing the correction you requested.
FELC will make reasonable security arrangements to protect your personal information from unauthorized access, use or disclosure.
Third party information, either personal or economic, will be reviewed under Section 22 of the Act to determine whether such information may be released or would be an unreasonable invasion of the third party’s personal privacy.
Procedures as pertaining to Freedom of Information
The College will maintain Personal Information records under its jurisdiction.
Information of a public and routine nature and personal information about the person requesting it will be released informally. Mandatory and discretionary exceptions are clearly outlined in the Act.
Individuals may make a formal application in writing for information not released informally as a matter of course.
When a formal request is received anywhere in FELC, FELC has 30 business days to respond. FELC will follow the instructions within the Act to meet the requirements of the formal request. This may entail the request or transference of information to another public institution, the request for fees to be paid before a search is undertaken or contact with the requester to clarify the request.
The Act specifies that FELC has an obligation to assist the individual in accessing information.
FELC owners may authorize any person to perform the duties or functions of the head for the purposes of the Act.