ACCESS TO INFORMATION
Date
March 20, 1997
Revision Date
March 18, 2021
Number
I 10.04
Mandated Review
March 18, 2026
Policy Authority: General Counsel and University Secretary
Associated Procedures: Access to Information Procedures; and
Access to Information Fees
EXECUTIVE SUMMARY
This policy recognizes the public’s right of access to information in the University’s custody or control, and confirms the limitations on such access, in accordance with the Freedom of Information and Protection of Privacy Act.
TABLE OF CONTENTS
1.0 PURPOSE
2.0 SCOPE AND JURISDICTION
3.0 DEFINITIONS
4.0 POLICY
5.0 ROLES AND RESPONSIBILITIES
6.0 RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS
7.0 ACCESS TO INFORMATION AND PROTECTION OF PRIVACY
8.0 RETENTION AND DISPOSAL OF RECORDS
9.0 POLICY REVIEW
10.0 POLICY AUTHORITY
11.0 INTERPRETATION
12.0 PROCEDURES AND OTHER ASSOCIATED DOCUMENTS
1.1 To provide a policy consistent with the University Act and the Freedom of Information and Protection of Privacy Act regarding access to information held by Simon Fraser University (“the University”) where the University has custody or control of the information.
2.1 This policy applies to all Employees of the University who have access to general and personal information.
3.0 DEFINITIONS
3.1 See Appendix A for the definitions of words used in this policy and its associated procedures.
4.1 The University supports the public’s right of access to information.
4.2 The University will provide routine access to information informally upon request, or actively disseminate information, using existing procedures.
4.3 A person has a right of access to any record in the custody or under the control of the University, including a record containing personal information about the applicant.
4.4 The right of access does not extend to information excepted from disclosure under sections 12 to 22.1 of the Freedom of Information and Protection of Privacy Act, but if that information can reasonably be severed from a record an applicant has the right of access to the remainder of the record.
4.5 The right of access to a record may be subject to the payment of any fee required according to University policy or practice for informal access requests and for a formal access request under section 75 of the Freedom of Information and Protection of Privacy Act. Specifically,
4.5.1 The University shall use the Schedule of Maximum Fees as set out in the regulations under the Act when processing formal access requests under the Act.
4.5.2 Fees cannot be charged when the request is for access to the individual’s own personal information.
4.5.3 Informal access requests are not subject to the fee schedule but are subject to the University’s regular reproduction and service fees.
5.0 ROLES AND RESPONSIBILITIES
5.1 The following University officers are responsible for ensuring the implementation of this policy:
5.1.1 General Counsel and University Secretary;
5.1.2 Vice-Presidents;
5.1.3 Associate Vice-Presidents;
5.1.4 Registrar;
5.1.5 Deans;
5.1.6 Executive Directors; and
5.1.7 University Archivist and Coordinator of Information and Privacy.
5.2 Employees are responsible for maintaining the confidentiality of general and personal information according to the policies below. Violations of this policy may result in disciplinary penalties being imposed.
5.3 Employees should consult, as needed, the University's Coordinator of Information and Privacy about the disclosure of confidential and personal information, including information to be released under sections 22(4) or 33 of the Freedom of Information and Protection of Privacy Act.
6.0 RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS
6.1 The legal and other University Policy authorities and agreements that may bear on the administration of this policy and may be consulted as needed include but are not limited to:
6.1.1 University Act, R.S.B.C. 1996, c. 468
6.1.2 Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165
6.1.3 Freedom of Information and Protection of Privacy Regulation (B.C. Reg. 175/2015)
6.1.4 Archives, Recorded Information Management, and Freedom of Information and Protection of Privacy (I 10.01)
6.1.5 Head of the Institution and Delegation of Authority under the Freedom of Information and Protection of Privacy Act (I 10.02)
6.1.6 Confidentiality Policy (I 10.10)
6.1.7 Protection of Privacy (I 10.11)
7.0 ACCESS TO INFORMATION AND PROTECTION OF PRIVACY
7.1 The information and records made and received to administer this policy are subject to the access to information and protection of privacy provisions of British Columbia’s Freedom of Information and Protection of Privacy Act and the University’s Information Policy series.
8.0 RETENTION AND DISPOSAL OF RECORDS
8.1 Information and records made and received to administer this policy are evidence of the University’s actions to comply with the access provisions of the Freedom of Information and Protection of Privacy Act. Information and records must be retained and disposed of in accordance with a records retention schedule approved by the University Archivist.
9.1 This policy must be reviewed every five years and may always be reviewed as needed.
10.1 This policy is administered under the authority of the General Counsel and University Secretary.
11.1 Questions of interpretation or application of this policy or its procedures shall be referred to the General Counsel and University Secretary whose decision shall be final.
12.0 PROCEDURES AND OTHER ASSOCIATED DOCUMENTS
12.1 Appendix A contains the definitions applicable to this policy and its associated procedures.
12.2 The procedures for this policy are:
12.2.1 Access to Information Procedures; and
12.2.2 Access to Information Fees.