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'Unauthorized disclosure': Investigation finds Langford breached privacy law

City council shared a resident's personal information, in contravention of the Freedom of Information and Protection of Privacy Act

City of Langford councillors and staff have undergone training after an investigation concluded the council had breached privacy law when sharing a resident’s personal information.

The findings of the investigation by the Office of the Information and Privacy Commissioner for B.C. (OIPC), are a result of a complaint made by Langford resident Ed Court in 2021.

At that time, Court was involved in a parking dispute with his neighbour, the son of Coun. Lillian Szpak, which began in 2020. 

Court had lodged a complaint with the city’s bylaw department regarding Szpak’s son parking in front of his property.

In his original complaint to OIPC in 2021, he alleged Szpak had “illegally obtained” his personal information from the city’s bylaw department, which she then shared with other city staff and councillors.

“After a careful review of the record, I found incidents of what I believed to be unauthorized disclosure of your personal information within the public body,” said the investigator in a letter to Court, shared with Goldstream Gazette.

According to the investigator, Court’s personal information was shared internally with "those in the city" who had a "personal rather than work-based interest" in his bylaw enforcement complaint.

It was also noted by the investigator the city had agreed there were “instances” where personal information was disclosed in contravention of the Freedom of Information and Protection of Privacy Act.

In an emailed statement, the City of Langford said it fully cooperated with the investigation.

“The city has ensured that all staff and officials have received up-to-date training regarding freedom of information and protections of privacy requirements,” said a city spokesperson. “The OIPC has indicated its satisfaction with the proactive measures taken by the city and, as a result, has closed its file on this matter.”

Coun. Szpak was invited to comment on the OIPC’s decision, but declined, instead standing by the city’s response.

“I will have no further comment on the matter,” she said.

Court says the decision has come as a “huge relief” to him and his wife.

“It was three long years of wondering what was going on, and when it would ever end,” he said. “We both feel vindicated now that the truth has been revealed.”

This is the second investigation connected to Court’s dispute with the Szpak family.

In 2023, the BC Ombudsperson investigated allegations made by Court that Szpak had unfairly used her position as councillor to influence and direct city staff to take action on the matter of the parking disagreement with her son.

While the ombudsperson report did not find any definitive examples of “administrative unfairness,” it did note several concerns with both Szpak’s and the city’s actions.

As a result of the 2023 investigation, the city agreed to take remedial action, including amending the Council Code of Conduct and the provision of additional training to officials on the code and other aspects of good governance and conflict of interest.

While both investigations were ongoing, in June 2022, Szpak resigned from her role as chair of the protective services committee.

Despite feeling relieved by the findings of the OIPC investigation, Court says he would still like to see Szpak take more responsibility for her role in his complaint.

“Coun. Szpak knowingly violated her oath on multiple occasions and she should immediately resign,” he said.

“The final step for us in this whole process are the legal resolutions, which are shaping up to be both civil and municipal,” he added.



Ben Fenlon

About the Author: Ben Fenlon

Multimedia journalist with the Greater Victoria news team.
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