Manual
OFFENCES AND LIABILITY
This chapter contains the following topics:
Offences
Liability
Offences
s.61 FIPPA
/ s.48 MFIPPA
Certain violations of the Freedom of Information and Protection of
Privacy Act (FIPPA) / Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA) are considered to be offences. The Act sets out the
penalties for these offences and stipulates, when the consent of the
Attorney General is required for prosecutions.
It is an offence to intentionally and knowingly disclose personal
information in a manner that is not authorized by s.61(1)(a) FIPPA /
s.48(1)(a) MFIPPA.
It is also an offence to maintain a secret personal information bank that
is not described and made public as required under s.44
FIPPA / s.34 MFIPPA. An
employee of an institution who deliberately withholds information about
the existence of a personal information bank with the intention that the
bank's existence not be published, runs the risk of being prosecuted under
s.61(1)(b) FIPPA / s.48(1)(b) MFIPPA.
Making a request for access to or correction of personal information under
false pretences is also an offence under s.61(1)(c) FIPPA / s.48(1)(c)
MFIPPA.
Other offences relate to obstructing the performance of the Commissioner
in his/her duties, or willfully misleading the IPC, or willfully failing
to comply with an order of the IPC (s.61(1)(d), (e) and (f) FIPPA /
s.48(1)(d), (e) and (f) MFIPPA). A prosecution cannot be started under
these subsections without the consent of the Attorney General (s.61(3)
FIPPA / s.48(3) MFIPPA).
A person who is found guilty of an offence is liable to a fine not
exceeding $5,000.
Liability
s.62(2),
(3) and (4) FIPPA / s.49(2),
(3) MFIPPA
Civil actions cannot be brought against an employee of an institution
for monetary damages resulting from the disclosure or non-disclosure of a
record under the Act, if the action was done in good faith. No civil
action can be brought against an employee for failure to give a required
notice under the Act if reasonable care was taken to give notice. A record
should be kept of the steps taken to provide the notice.
Institutions, as opposed to individual employees, are nonetheless
liable to civil proceedings for damages resulting from violations of the
freedom of information and privacy legislation (s.62(3), (4) FIPPA /
s.49(3) MFIPPA).
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OCIPO 
