DECEMBER 2017 • COUNTRY LIFE IN BC


Privacy, conflict of interest need


good protocols COGA session sheds light on privacy and ethics for public organizations


Stories by RONDA PAYNE ABBOTSFORD – The


importance of respecting privacy and avoiding conflicts of interest were key topics at the most recent Centre for Organizational Governance in Agriculture (COGA) session in Abbotsford, November 1. Jay Loder of Vancouver- based Rouleur Consulting Ltd. kicked off the session by briefing participants on freedom of information and privacy rules. Public bodies like marketing boards have specific statutory obligations and need to know what kind of information they’re obliged to provide and how to address the risk and consequences of a privacy breach. “You want to be proactive,


not reactive. You’ve got big risks that you’re dealing with,” he said. “If your organization has a privacy breach, it’s a problem.” The province’s Freedom of


Information and Protection of Privacy Act (FIPPA) is a two- pronged instrument that allows the public to access public organization records and regulates the collection and disclosure of personal information. Loder explained that the Office of the Information and Privacy Commissioner of BC has more than 35 staff, investigators, lawyers and analysts working to make organizations in the province more accountable to


the public. The proper handling of


information is a big deal, Loder explained. “[Personal] information


can’t be stored outside of Canada unless you have permission from the individual,” he noted. For example, using Survey


Monkey, the popular polling tool based in California, could expose an organization to a breach of privacy regulations if it captures any personal information. “How do you manage that


risk?” he asked. “You design the survey such that there’s no personal information captured.” Loder urged organizations


to develop and implement a plan to prevent a privacy breach escalating to a worst- case scenario. “If there’s a privacy breach,


who’s going to handle that?” he asked. “Who’s going to talk to the media? You want to have that planned out.” When it comes to the second prong of FIPPA – records and the public’s ability to access them – it’s important to understand what information can be expected by the public in terms of a request for information. “The starting point is all


information held by a public body is public. FIPPA does allow some information to be held [back] in certain situations,” he explained.


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Guest speakers Tamara Leigh and Cornelis Hertgers listen attentively as fellow presenters discussed why farm organizations need to be familiar with privacy legislation. RONDA PAYNE PHOTO


“Individuals have a right to this information unless you can argue they don’t.” For a public body, like a


marketing board, that means the public can request, and must receive, all the records around a certain topic or issue within the designated timeframe. “All records. It doesn’t say most, some or many,” Loder said. “It could be an email, a notebook, fax; it could be an image or screen capture if you have CCTV (closed circuit television).” Personal information can’t be included, however, in any released information as it can’t be disclosed without an individual’s consent. Various other reasons for which access to information may be denied include harm to individuals, the business interests of a third party or


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