In the broadest sense, freedom of information is the public's right to a free flow of information in society. This includes our rights to freedom of expression and access to information without undue restrictions imposed by government, corporations or other entities.
In the narrower sense in which we use it on this website, FOI is another term for the right of access to government information. We use these terms interchangeably.
Privacy, as we define it, is the ability or right to have a "private life" - to be left alone, free from illegal or unwanted scrutiny and intrusions.
Privacy rights include informational privacy - the right to control or limit the collection, use and disclosure of one's own personal information by other agencies, whether they are part of government or the private sector.
Since knowledge brings power to those who possess it, knowledge of our private lives tends to increase the power and influence that governments and corporations have over us. Some limits must be imposed in order to maintain the delicate balance of power that sustains our democracy.
"Privacy protection" means defending the privacy of individuals by legislation or other means.
People often ask why FIPA seeks to advance two human rights that may seem to be contradictory. The answer is, because FIPA's main goal is to empower individuals by helping to increase both their access to and their control of information. Both FOI and privacy rights increase the power of the individual in society, which is why we refer to both of them as "information rights".
Information rights provide individuals with a much-needed counterbalance to the far greater access to and control of information enjoyed by governments and other powerful organizations. Information rights improve our democracy by reducing this imbalance of power in a society that is increasingly dominated by the uses and abuses of information.
Further, our right as individuals to know what is going on in society must exist in balance with the right to individual privacy.
Together, information rights help to create:
- an informed electorate,
- open, honest and accountable government,
- greater citizen participation in the democratic process, and
- greater protection of individual human rights.
In Canada, there is freedom of information (FOI) legislation covering the federal government and every provincial government except Prince Edward Island. The federal act is called the Access to Information Act.
FOI LEGISLATION gives you the following rights:
- the right of access to government records, with some specified exceptions, and
- the right to appeal to an independent commissioner if you think a government body has not responded correctly to your access request.
In Canada, there is privacy legislation covering the public sector (federal and provincial government bodies) and in some cases, the private sector (corporations and other non-government organizations).
PRIVACY LEGISLATION gives you the following rights:
- the right to have the privacy of your personal information protected in accordance with specific rules,
- the right of access to your own personal information,
- the right to request that your information be corrected, and
- the right to complain to an independent commissioner if you think your privacy rights have been violated.
The first privacy protection law in Canada, the federal Privacy Act, came into effect in 1983. This act laid down some rules regarding the collection, use and disclosure of personal information by the federal government and most of its agencies.
Since then, privacy laws have been enacted as part of the Freedom of Information and Protection of Privacy Acts that cover most provincial governments, and most of these are a great improvement over the federal act. BC's Freedom of Information and Protection of Privacy Act came into effect in 1993.
In January 2001, Canada's Personal Information Protection and Electronic Documents Act ("PIPED Act") came into effect. This federal act sets out rules for how private-sector organizations may collect, use and disclose information about individuals in the course of commercial activities. However, it only applies to federally regulated organizations such as banks, telecommunications companies and transportation companies.
Most private-sector organizations are provincially regulated. At this time, Quebec is the only province of Canada that has enacted privacy legislation covering the provincially regulated private sector. Quebec was an early starter in this area, enacting its "Act respecting the protection of personal information in the private sector" in 1993.
By January 2004, all other provinces are required by the PIPED Act to enact legislation "substantially similar" to the PIPED Act. These acts will apply to the remainder of the private sector in Canada.
How to Request Your Personal Records
How to File a Privacy Complaint
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