4.6 - Information Release

The Director of the Region or the Manager is the contact for all information requests. All submissions requesting information regarding a client must be from original documents.

As per the Health Act, persons with HIV/AIDS have the right to privacy regarding their condition. SD employees will strive to maintain this privacy, although cases will still be transferred to the appropriate employee.

See Appeals regarding information which should be provided to clients prior to them appearing before the Regional Family Income Security Appeal Board; and regarding what information should be provided to the Board members.

Without going through the formal application process of the Right to Information Act, SD can provide to clients information which could be released under that Act, while adhering to the limitations outlined herein.

Before releasing information, the following must be considered:

• client's right to information
• need to protect the confidentiality of those who report potential abuse or fraud
• need to protect the integrity of investigation process (see legal action)

This information may be copied and provided to the clients if they wish. There is not a right to information under the Right To Information Act where its release:

• would disclose information the confidentiality of which is protected by law;
• would reveal personal information, given on a confidential basis, concerning another person;
• would violate the confidentiality of information obtained from another government;
• would be detrimental to the proper custody, control or supervision of persons under sentence;
• would disclose legal options or advice provided to a person or department by a law officer of the Crown, or privileged communications as between solicitor and client in a matter of departmental business;
• would disclose options or recommendations by public servants for a Minister of the Executive Council;
• would impede an investigation, inquiry or the administration of justice.

Screens of information may be printed, but notes should not be released to clients as this may contain information in contradiction to the above.

See legal action

We may share any information contained in a client's file with the Minister's office as he/she is an employee of SD.

Clients/applicants applying for assistance in the Disabled category are required to complete an Authorization to Obtain Information form which is forwarded to the Medical Advisory Board.

A third party (other than the client or SD) may be given specific information from a client's file if the client has signed a Consent To Release Confidential Information form specifically identifying to whom such information may be given.

A third party (other than the client or SD) may be given specific information from a client's file for one of the following reasons:

• for the best interest of client/applicant or household,
• to verify information provided by or in relation to client/applicant,
• to evaluate effectiveness of assistance programs, or
• to administer/enforce any Act/Regulation of the Legislature.

Under such circumstances, information may be provided:

• to employees of provincial departments or agencies,
• to employees/agents of the federal government,
• to employees of other departments, municipalities, agencies responsible to provide assistance,
• to an officer of a band council responsible to provide assistance,
• to persons in the business of providing information re: credit ratings or economic status of individuals or of collecting unpaid debts,
• to person who was, is or may provide goods or services to client/applicant, or
• as testimony or as part of a sworn affidavit.

There may be restrictions to the use of information gathered under information sharing agreements, for example with Canada Customs and Revenue Agency.

Information may be contained in client's files provided by someone other than the client or SD. If such information is requested by the client or anyone else, SD must obtain written authorization from the individual who provided the information before it can be released. Their written authorization or refusal must be retained in the client's file. Investigation reports are not to be released.

Individuals applying for such services/benefits must sign the Letter of Authorization for Release of Information.