If you have an access to information or privacy issue with a BC public body or BC organization, then you will either file a review request or a complaint to the Office of the Information and Privacy Commissioner of BC (“BC OIPC”). As per Part 1 of the Personal Information Protection Act (“BC PIPA”), an organization includes:
As per Schedule 1 of the Freedom of Information and Protection of Privacy Act (“BC FIPPA”) and Part 1 of BC PIPA, a public body is:
Under section 4 of the PIPA, organizations must appoint an individual internally to ensure compliance with BC PIPA and make this individual’s contact information available to the public. Under section 5 of PIPA organizations must also develop a process to respond to complaints and have this process available on request. These rules give requesters a right to complain to organizations directly under BC PIPA when they have concerns over the handling of their personal information.
Similarly, as per section 6 of BC FIPPA, BC public bodies must make every reasonable effort to assist individuals and to respond without delay in a manner that is accurate, open, and complete.
A complaint can stem from a variety of either privacy or access to information issues, while a request for review is applicable to access to information issues. Complaints or review requests submitted to the BC OIPC are legislated under Part 5 of the FIPPA regarding BC public bodies while complaints or review requests about BC organizations are legislated under Part 11 of the PIPA.
Keep in mind that there are relatively short periods of time within which a complaint must be filed. Specifically in BC, a complaint or review request must be filed to the BC OIPC within 30 days of the response received from a public body or private organization as per section 53(2) of BC FIPPA and section 47(2) of BC PIPA.
In BC, an applicant can file a free “request for review” with the Office of the Information and Privacy Commissioner of BC (“BC OIPC”) if they do not agree with the response they have received to an access to information request. Reviews are specific to access to information requests and filed when an applicant:
All review requests in BC must be made in writing to the BC OIPC within 30 business days of the response received from the public body or organization as per section 53(2) of BC FIPPA and section 47(2) of BC PIPA.
The BC OIPC recommends that you attempt to settle your dispute with the public body directly before launching a formal request for review to the Commissioner’s office. To submit a dispute to public bodies and private organizations directly, please use the BC OIPC’s fillable forms for individuals. Please see our […] page for more information on the request process.
Generally, review requests should be sent in writing, but if an applicant has difficulty reading or writing in English, the BC OIPC can assist.
Once your review request has been filed, you will receive a response from the BC OIPC whether your review request has been accepted or not. Please be aware that as per section 54 of FIPPA and section 48 of PIPA, that the BC OIPC will share your review request with the affected BC public body or organization. The BC OIPC will then try to mediate to resolve your dispute. However, if you are not satisfied with the mediated result, you can ask the Commissioner’s Officer for a decision. In rare cases, the applicant or the public body, depending on the decision, may appeal the Commissioner’s Order and have the dispute resolved in Federal Court.
For more information on the review request, please visit the BC OIPC’s “How do I request a review?” guide.
In BC, an applicant can file a free complaint to the BC OIPC regarding a BC public body or a BC organization access to information or privacy complaint. Complaints can be filed for either access to information or privacy issues, but for the sake of this section some examples of access complaints include:
It is necessary that you attempt to settle your dispute with the BC public body or organization directly before launching a formal complaint with the BC OIPC. Specifically, all complaints to the BC OIPC must be made after 30 business days have passed since first submitting a complaint to the BC public body or BC organization. It is important to keep copies of all communications. If 30 days have passed and you believe you are eligible to submit a complaint to the BC OIPC, please fill out the BC OIPC’s complaint form. Please see our […] page for more information on the complaint process. You will be notified by the BC OIPC whether your complaint has been accepted.
Please be aware that if a complaint is accepted, relevant contact information and a copy of the complaint will be shared with the relevant BC public body or organization.
For more information on the complaints process, please visit the BC OIPC’s “How do I make a complaint?” guide.
In BC, an applicant can file a privacy complaint with the BC OIPC when they believe their personal information was handled or processed in an improper manner by a private organization or public body. Examples of privacy complaints include but are not limited to:
It is necessary that you attempt to settle your dispute with the BC public body or organization directly before launching a formal complaint with the BC OIPC. Specifically, all complaints to the BC OIPC must be made after 30 business days have passed since first submitting a complaint to the BC public body or BC organization. It is important to keep copies of all communications. If 30 days have passed and you believe you are eligible to submit a complaint to the BC OIPC, please fill out the BC OIPC’s complaint form. Please see our […] page for more information on the complaint process. You will be notified by the BC OIPC whether your complaint has been accepted.
Please be aware that if a complaint is accepted, relevant contact information and a copy of the complaint will be shared with the relevant BC public body or organization.
For more information on the complaints process, please visit the BC OIPC’s “How do I make a complaint?” guide.
To be eligible to file a complaint or review request to the OIPC, you must have requested records or have a privacy issue with a BC public body or BC organization.
Specifically, the issue should be covered under Part 5 of the Freedom of Information and Protection of Privacy Act (“BC FIPPA”) or Part 11 of the Personal Information Protection Act (“BC PIPA”). As per Part 1 of BC PIPA, an organization includes:
As per Schedule 1 of BC FIPPA and Part 1 of BC PIPA, a public body is:
Review requests are for when a BC public body or BC organization:
Complaints can either be for access to information or privacy issues regarding a BC public body or BC organization. Access to information complaints can include but are not limited to:
Privacy complaints can include but are not limited to:
Before you file a complaint to the BC OIPC, you must attempt to settle your dispute with the BC public body or organization directly before launching a formal complaint with the BC OIPC. Review requests to the BC OIPC can be filed directly to the BC OIPC within 30 days of the BC public body or BC organization’s response to your initial request for records.
Please keep a copy of all communications with the BC public body or BC organization.
For the initial complaint to a BC public body or BC organization, please use the BC OIPC’s complaint sample forms. If you are either unsatisfied with the response you received from your complaint to the BC public body or BC organization, or 30 business days have passed without a response, then you are eligible to submit a complaint to the BC OIPC. Both complaints and review requests are free.
If an applicant is eligible to file a complaint or a review request as per the previous section, “Before You File a Complaint or Review Request”, please visit the OIPC BC’s “How do I request a Review?” or the BC OIPC’s “How do I make a complaint?”.
Specifically, you will submit a written form to the BC OIPC for either the BC public body or BC organization:
The required documents for the OIPC’s forms include:
For more information and the list of the forms, please visit the BC OIPC’s “Individuals” page.
Both declined review requests and complaints will receive a letter of explanation. Accepted review requests and complaints will similarly receive a notification. Inquiries will either be assigned a case review officer or will be queued to an investigator. You will receive a letter of notification when your file has been assigned to an investigator. Please note that the BC OIPC may share your information with the relevant BC public body or BC organization.
The Investigator will contact you and the public body or organization to attempt to mediate a resolution. If the investigator believes more information should be released and public body or organization does not agree, then there may be a formal inquiry. The formal inquiry may result in a legally-binding order and if the applicant does not agree with the order, then they may seek a judicial review in the BC Supreme Court and are responsible for the costs
You have the right to contact the review officer or investigator to inquire about the status of your file before it has been released.
For more information on what to expect, please visit either the OIPC BC’s “How do I request a Review?” or the BC OIPC’s “How do I make a complaint?”.
These pages were last updated and reviewed in August of 2022.
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.