The Use Of Personal Email Accounts For Public Business

On January 14, 2015, the British Columbia Information and Privacy Commissioner, Elizabeth Denham, issued a statement that addresses how freedom-of-information and privacy laws apply to the use of personal email accounts by public servants or officials.

In her statement, the Commissioner made it clear that the Freedom of Information and Protection of Privacy Act ("FIPPA") applies to all work-related emails sent to, or received from, the personal email accounts of public servants and public officials. She advised that, while there are no freedom-of-information laws that directly prohibit public servants or officials from using personal email accounts for work matters, doing so poses two main concerns: 1) it makes it difficult to search for records that are responsive to an access to information request, and 2) the use of personal email can cause privacy and security risks if personal information is accessed or stored outside of Canada.