Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 34 Section 47 (FOIP): Non-compellability Non-compellability 47(1) The commissioner is not compellable to give evidence in a court or in a proceeding of a judicial nature concerning any information that comes to the knowledge of the commissioner in the exercise of the powers, performance of the duties or carrying out of the functions of the commissioner pursuant to this Act. (2) Subsection (1) applies, with any necessary modification, to the staff of the commissioner and any contractors employed by the commissioner. (3) The commissioner, staff of the commissioner or any contractors employed by the commissioner may be a witness in or produce any documents relevant to the prosecution of an offence against this Act. Section 48 of LA FOIP provides that subsections 43(1), 45, 46, 47 and 66(3) of The Freedom of Information and Protection of Privacy Act (FOIP) are adopted, with any necessary modification, for purposes of LA FOIP. In any court or judicial proceeding, the Commissioner and the staff of the Commissioner cannot be compelled to give evidence about anything that comes to their knowledge in fulfilling their duties. As noted earlier, the Commissioner and the Commissioner’s staff are bound by confidentiality provisions at section 46 of FOIP. However, in cases where there is a prosecution under LA FOIP pursuant to section 56 of LA FOIP, the Commissioner, the Commissioner’s staff or contracted employees of the Commissioner may participate in the proceeding as a witness or may produce documents relevant to the prosecution [ s. 47(3) of FOIP].
RkJQdWJsaXNoZXIy MTgwMjYzOA==