Legislation has been created by both BC and the Canadian federal government to protect personal information within their respective jurisdictions. Depending on the research, one or more statutes may need to be considered. For example, a Vancouver Island University researcher doing research involving a counseling agency may have to consider both BC’s public and private sector laws. The following are the statutes for their relevant jurisdictions:
Public sector (e.g. government, government agencies, BC universities & colleges):
The BC Freedom of Information and Protection of Privacy Act regulates how personal information is collected, used or disclosed by public bodies, which includes Vancouver Island University and its researchers. The following definitions are important in understanding what information is protected and what is not.
Personal information - “means recorded information about an identifiable individual other than contact information” (Schedule 1)
Contact information - “means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual” (Schedule 1)
Collection, retention, use & disclosure - FOIPPA sets out requirements regarding the collection, retention, use and disclosure of personal information by public bodies. The following provides some brief information. (Refer to FOIPPA, Part 3 for more information).
Collection:
Collecting personal information is only permitted where it is authorized under an Act, for law enforcement, or where it relates directly to and necessary for operating program or activity of public body (s. 26).
Personal information must be collected directly from the individual (with some exceptions) and the person collecting it...
