Information Disclosure

If you are contacted by an external agent such as a lawyer, ICBC employee, or insurance adjuster, who is requesting you provide personal information about another individual, which you obtained or have access to in your capacity as an SFU employee, then you may only disclose that personal information if one of the following applies:

1. Written Consent

You have received the third party’s written consent in the form prescribed by FIPPA Regulation s.11(a) and (d), to disclose their personal information.

·     SFU’s consent form

·     In lieu of written consent, students may authorize third parties to access their personal information through Go SFU. More information on this process can be found here: https://www.sfu.ca/students/records/third-party-access.html

2. Party to a Proceeding

You are a party to the relevant court proceeding / lawsuit (e.g. you are a plaintiff, defendant, or named third party, not a witness).

3. Subpoena/Testimony

You are testifying at an examination for discovery or in court as a non-party witness subject to a court-ordered subpoena.

·      You may not disclose the information before or after your attendance at an examination for discovery or trial (e.g. you should not provide personal information to follow-up questions post-examination, or during any preparatory discussions).

·      The personal information you provide must fall under the umbrella of information described in the subpoena.

4. Court Ordered Production of Records

You received a court order to provide copies of existing SFU records.

·     Ensure you have received a completed court order, post-application, and not a notice of application that an order will be sought in the future.

·     Ensure the records you provide are given to the ordered recipient (who is not necessarily the person/firm who sent you the order), and ensure the records fall within the scope of the order.

Example A:

Your colleague is involved in a motor vehicle accident lawsuit. You have been contacted by an ICBC adjuster who informs you they are authorized to receive information from you about your colleague. You cannot disclose any personal information unless you receive your colleague’s sufficient written consent or you are testifying under subpoena.

Example B:

A student’s lawyer contacts you and informs you that they represent the student. They request personal information about the student. You cannot disclose any personal information unless the lawyer provides the student’s written consent in the prescribed form, or the student has authorized their lawyer to receive the information in Go SFU under the Information Release/Privacy section.

If you have any questions about a request received, please contact privacy@sfu.ca.