Bidders Beware: Information Submitted in Response to an RFP may be Disclosed

Under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165 (“FIPPA”), members of the public may request access to records held by a public body (“records”).

To balance the objectives of making records accessible and protecting privacy rights of individuals and corporations, section 21(1) of FIPPA sets out a three-part test to determine when the head of the public body must refuse to disclose requested information.

While this article deals with section 21(1)(b), section 21(1)(a) and section 21(1)(c) also must be satisfied. The specific considerations under those sections are significant enough warrant their own article. This article will deal exclusively with section 21(1)(b).

As published in the NRCA’s Northern Construction Connection November 2022 Newsletter, and VICA’s e-New.

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