BC Information and Privacy Commissioner – Michael McEvoy has rejected the Ministry of Health’s arguments that Public Health Act emergency powers override its duty of public interest disclosure but determined on the facts of the case before him that section 25 of the Freedom of Information and Protection of Privacy Act (FIPPA) did not require the Ministry of Health to release requested COVID-19 information to the Heiltsuk Tribal Council, Tsilhqot’in National Government, and Nuu-chahnulth Tribal Council. he held that, while COVID-19 creates a risk of significant harm to the public, sufficient information is already available on COVID-19 cases to enable the public, and the complainant governments, to take steps to avoid or mitigate the risks connected with COVID-19.
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