Controlling Internal Access To Local Government Records

Access According to Role

1.	Where a Council member is acting under the direction of Council as a whole, with regard to a specific task or issue, or acting in concert with Council or a committee of Council, then, under section 33 of FOIPPA, that member would have access to personal information, and business information (not given in confidence under section 21 of FOIPPA) where that information was supplied by the person to whom it relates for the purpose of that task.
2.	A Council member acting as a constituent representative is acting as an advocate for that person, not in concert with Council as a whole, or as a member of an assigned committee or task force, and would have no greater access to information in the local government records than a member of the public would have. (see item 4)
3.	A member who is acting on his/her own with no duties to perform as an elected official or on the direction or request of a constituent would have the same right of access as a member of the public under FOIPPA. (see item 4)
4.	A member of the public does not have a right of access to personal information, business information under section 21 of FOIPPA or other information unless it is disclosable under FOIPPA.