Privacy commission sides with City of Salmon Arm in Freedom of Information dispute - Kelowna Capital News

The British Columbia Information and Privacy Commissioner upheld the City of Salmon Arm’s decision to withhold specific records from a Freedom of Information request, citing solicitor-client privilege. The dispute originated when a property owner sought details regarding a wildfire interface covenant registered on their land. Although the city disclosed most responsive documents after mediation, it refused to release certain emails and attachments, arguing they contained confidential legal advice protected under the Freedom of Information and Protection of Privacy Act. The adjudicator’s review confirmed that the communications between city staff and legal counsel constituted genuine solicitor-client privilege, as they involved seeking and providing legal advice. The applicant challenged this by alleging a crime-fraud exception applied, suggesting the advice was used to mislead property owners. However, the commissioner found no evidence of fraud or criminal activity to justify overriding the privilege, reinforcing the legal certainty that such internal deliberations regarding legal strategy remain confidential. This case is highly relevant to open data because it delineates the boundaries between transparency and legal confidentiality in public sector information management. It demonstrates that while governments must make reasonable efforts to disclose information openly, established legal privileges can legally shield internal communications from public scrutiny. Understanding these exceptions is crucial for data managers and policymakers to balance the public’s right to know with the necessity of maintaining confidential legal processes.

Source: kelownacapnews.com
Published on 2026-10-10

Privacy commission sides with City of Salmon Arm in Freedom of Information dispute - Kelowna Capital News

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