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Can I request my work emails from my past employer in BC?

Past employees can request all their work emails, as individuals have a right to their personal information; however, the disclosure of work emails will be subject to several exceptions. The rights and rules around accessing work emails largely depend on whether your previous employer was a private sector organization or a public body, and what information is in the emails.

If your past employer was a private sector organization, then the Personal Information Protection Act (PIPA) applies. PIPA defines personal information as information about an identifiable individual. Personal information under PIPA also includes employee personal information, which is any information used to establish, manage, or terminate the relationship between the employer and employee. Therefore, many of an employee’s work emails will contain personal information and be subject to PIPA’s access rules.

Personal information under PIPA does not include contact information or work product information. Contact information is any information that enables an individual at a place of business to be contacted. Contact information includes the name, position name or title, business telephone number, business address, business email, or business fax number of the individual. Work product information is simply defined as information prepared or collected by an individual or group as part of their work responsibilities or activities.

Consequently, if the emails you are requesting contain contact information, work product information, personal information about other individuals, or are subject to any other exception listed in PIPA, then those emails may either be redacted partially or fully, or not disclosed at all.

If your previous employer was a public body, the Freedom of Information and Protection of Privacy Act (FIPPA) applies. FIPPA defines personal information as recorded information about an identifiable individual. Therefore, many of a public body employee’s work emails will contain personal information and be subject to FIPPA’s access rules.

Personal information under FIPPA does not include contact information, which is any information that enables an individual at a place of business to be contacted. Contact information includes the name, position name or title, business telephone number, business address, business email, or business fax number of the individual.

Consequently, if the emails you are requesting contain contact information, personal information about another individual, or are subject to any other exception under FIPPA, then those emails may either be redacted partially or fully, or not disclosed at all.

Regardless of whether your employer was a public body or private sector organization, if you do not agree with the redactions or non-disclosure of your past work emails then you have the right to file a complaint or review from the Office of the Information and Privacy Commissioner for BC (OIPC). For more information about filling complaints to the OIPC, please visit our complaint and review mechanism resource.

For a recent decision regarding emails and exceptions, please see Health Employers Association of British Columbia (Re), 2022 BCIPC 54.

Updated 2024.07. 27