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Privacy Law and Policy Reporter

Privacy Law and Policy Reporter (PLPR)
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Greenleaf, Graham --- "Inquirey: Access to insurance investigator's report (BC)" [1994] PrivLawPRpr 119; (1994) 1(8) Privacy Law & Policy Reporter 154

Inquiry: Access to insurance investigator's report (BC)

Information and Privacy Commissioner, British Columbia (Commissioner Flaherty), Inquiry re: request for access to records of the Insurance Corporation of British Columbia Order No 25-1994, 27 September 1994

Disclosure of personal information concerning third parties - onus of proof -Freedom of Information and Protection of Privacy Act (BC) s57(2)

The applicant sought access to an insurance investigator's report held by a public body, the ICBC. The report was disclosed except for 90 words whichidentified a third party and information about that person. Under s57(2) the applicant is required to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy. The Commissioner held that the applicant did not make a satisfactory effort to address this burden of proof, whereas the third party provided arguments and evidence showing ''some grounds' for fearing for his or her personal safety (and of his or her family) if the disclosure occurred. The Commissioner concluded that the ''presumption of privacy' had not been overridden and upheld ICBC's decision

Graham Greenleaf

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