BC Freedom of Information and Privacy Association
Your Data Your Rights
Do I have a right to my personal information from a private sector organization?
Private sector organizations generally must give you access to your personal information; however, there are exceptions, which differ depending on whether BC’s Personal Information Protection Act (PIPA), or the Federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies to the organization.
Under PIPA, an organization may refuse to give you access to your personal information for the following reasons:
- the information is protected by attorney-client privilege (i.e., it is part of a legal opinion or court case)
- it was collected as part of an investigation
- it would reveal confidential business information
- it was collected by a mediator or arbitrator in specified circumstances
Under PIPA, an organization must refuse to give you access to your personal information for the following reasons:
- there is a health or safety risk in giving you the information
- giving you the information would reveal another individual’s personal information
- giving you access would reveal the identity of someone who gave an opinion about you, and they have not consented to their identity being disclosed (i.e., this can cover situations involving an employee review or a personal reference)
Under PIPEDA, an organization may refuse to give you access for the following reasons:
- the information is protected by attorney-client privilege (i.e., if it is part of a legal opinion or court case)
- it would reveal confidential commercial information
- it could reasonably be expected to threaten the life or security of another individual
- the information was collected during an investigation into a breach of an agreement or a law
- the information was generated during a formal dispute resolution process
Under PIPEDA, an organization must refuse to give you access to personal information if doing so would likely reveal personal information about a third party.
In all cases, the organization should attempt to separate the information it cannot legally provide to you from the remaining personal information that it can provide to you. This is called severing the information and may result in partial disclosure in response to your access request.
For more information on refusals and complaints, please see our help topic resource.
Updated 2024.07. 27
These pages were last updated and reviewed in the summer of 2024.
The information on these pages only contains general information and guidance; none of the information constitutes legal advice. If you have a specific issue that you believe is a legal problem, the best practice is to consult a lawyer.
The information is non-partisan, dynamic and ever changing. It is the result of FIPA’s research and public education programs.
If you note something that needs to be added, corrected, or removed, please contact us by email: fipa AT fipa.bc.ca.
