Freedom of Information and Protection of Privacy Act (FOIPP Act)
Province of British Columbia
Section 35 of the FOIPP Act covers the disclosure of personal information for research purposes. This section of the Act was updated in June 2009. (updated sections in italics)
Disclosure for research or statistical purposes
35(1) A public body may disclose personal information or may cause personal information in its custody or under its control to be disclosed for a research purpose, including statistical research, only if
(a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by the commissioner,
(a.1) subject to subsection (2), the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research,
(b) any record linkage is not harmful to the individuals that information is about and the benefits to be derived from the record linkage are clearly in the public interest,
(c) the head of the public body concerned has approved conditions relating to the following:
(i) security and confidentiality;
(ii) the removal or destruction of individual identifiers at the earliest reasonable time;
(iii) the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and
(d) the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Act and any of the public body's policies and procedures relating to the confidentiality of personal information.
(2) Subsection (1) (a.1) does not apply in respect of research in relation to health issues if the commissioner approves
(a) the research purpose,
(b) the use of disclosed information for the purpose of contacting a person to participate in the research, and
(c) the manner in which contact is to be made, including the information to be made available to persons contacted.
The entire FOIPP Act is available online at:
http://www.bclaws.ca
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