BC Freedom of Information and Privacy Association
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OIPC decision (F08-07) in IBM contract disclosure dispute – 24 Jul 2008
The Information and Privacy Commissioner, David Loukidelis, has filed his decision regarding the impact of third party requests for review in the ongoing IBM contract disclosure dispute. BC FIPA was the original applicant in the FOI request.
“The Ministry and the third party, IBM, argued that IBM’s request for review of the Ministry’s decision to disclose information that IBM says is protected by s. 21 freezes the Ministry’s duty under ss. 7 and 8 of FIPPA to respond to the applicant’s access request respecting other access exceptions. This position, which relies on interpretation of s. 7(6), is not tenable. Nor is the assertion of the Ministry and IBM, respecting s. 54(b), that the access applicant is not an “appropriate person” to participate in the inquiry regarding the s. 21 issue. The applicant is an appropriate person and can participate in the inquiry into the Ministry’s s. 21 decision. There is no prejudice to IBM in the applicant’s participation in the inquiry. The Ministry is directed to provide the applicant with its response to the applicant’s request.”
Download decision from BC FIPA site (pdf).
Download decision from OIPC site (pdf).
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Decision F08-07
MINISTRY OF LABOUR AND CITIZENS’ SERVICES
July 24, 2008
[2008] B.C.I.P.C.D. No. 25 (QuickLaw)
British Columbia (Labour and Citizens’ Services), 2008 CanLII 41155 (BC IPC)
The Information and Privacy Commissioner, David Loukidelis, has filed his decision regarding the impact of third party requests for review in the ongoing IBM contract disclosure dispute. BC FIPA was the original applicant in the FOI request.
“The Ministry and the third party, IBM, argued that IBM’s request for review of the Ministry’s decision to disclose information that IBM says is protected by s. 21 freezes the Ministry’s duty under ss. 7 and 8 of FIPPA to respond to the applicant’s access request respecting other access exceptions. This position, which relies on interpretation of s. 7(6), is not tenable. Nor is the assertion of the Ministry and IBM, respecting s. 54(b), that the access applicant is not an “appropriate person” to participate in the inquiry regarding the s. 21 issue. The applicant is an appropriate person and can participate in the inquiry into the Ministry’s s. 21 decision. There is no prejudice to IBM in the applicant’s participation in the inquiry. The Ministry is directed to provide the applicant with its response to the applicant’s request.”
Download decision from BC FIPA site (pdf).
Download decision from OIPC site (pdf).
//
Decision F08-07
MINISTRY OF LABOUR AND CITIZENS’ SERVICES
July 24, 2008
[2008] B.C.I.P.C.D. No. 25 (QuickLaw)
British Columbia (Labour and Citizens’ Services), 2008 CanLII 41155 (BC IPC)