.
MOTHER FILES CLASS ACTION SUIT OVER INFANT BLOOD SAMPLING IN B.C.
By DARRYL GREER
Courthouse News Services
May 27, 2010

VANCOUVER, B.C. (CN) - A mother has filed a class action accusing British Columbia's Provincial Health Services Authority of collecting blood samples from every infant born in B.C. and the Yukon since 1999 without permission.

Natalie Docherty and her two children, identified as L.D. and E.D., say the agency collected blood samples from the infants before sending them off to a lab to test for "18 detectable disorders." The samples were later sent to a storage facility where the authority holds nearly 800,000 sample cards, which are accessed by researchers for "unknown research and testing purposes," the complaint states.

"Potential users of the blood sample cards include law enforcement personnel and agencies, coroners, health regulators and health insurers," the complaint states. "The blood sample storage facility amounts to a legally unauthorized fully functional DNA database. Expansion of the range of information that can be extracted from blood is reasonably foreseeable."

The agency allegedly failed to tell parents that the blood samples would be used for anything other than testing for diseases and conditions, and failed to get patients' consent to store the samples.

The plaintiffs want the blood samples destroyed and demand damages for breach of privacy and breach of their rights against unlawful search and seizure.

The class is represented by Jason B. Gratl.

SOURCE: http://www.courthousenews.com/2010/05/27/27621.htm

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UK SCHOOL CHILDREN MONITORED ‘AS CLOSELY AS INMATES’ BY CCTV
March 16, 2010

Children in the United Kingdom are being monitored as closely as inmates in prisons as schools break the law to introduce scores of covert CCTV cameras, a ground-breaking new study has found.

The vast majority of secondary schools use more than 20 CCTV cameras to capture children’s movements in corridors, playgrounds and even the toilets. But many are breaking the law by failing to make it clear to pupils where cameras are located and how the images might be used. At least one unnamed school has installed cameras with microphones in classrooms and corridors and given staff earpieces to listen in on conversations.

The spread of CCTV in schools is documented in a study by a researcher based at Salford University. Dr Emmeline Taylor studied surveyed 24 comprehensives in the north west of England and discovered that 23 had installed more than 20 cameras. Out of three studied in-depth, two had gone as far as placing them in the toilets. Dr Taylor also found that schools are increasingly using biometric technology - such as fingerprint, iris or facial recognition systems - for ‘mundane’ reasons such as lending library books. Parents are often in the dark about the biometric data taken from their children or the extent of CCTV. ‘There has been very little attempt to inform the general public, including parents, about the extent that schools are using surveillance devices, including biometric surveillance,’ said Dr Taylor. ‘The level of surveillance that some pupils are subjected to on a daily basis rivals that of international airports and prisons.’

SOURCE: http://www.dailymail.co.uk/news/article-1258259/Children-monitored-closely-inmates-CCTV-schools.html

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SCATHING REPORT DETAILS BOTCHED E-HEALTH PLANS
By Vaughn Palmer
Vancouver Sun
February 18, 2010

The B.C. Liberal drive for electronic records-keeping in the health care system is behind schedule, over budget, poorly planned and still a long way from realizing any benefits to patients, according to auditor general John Doyle.

Doyle released a report Wednesday Click Here that chronicled a list of failings so comprehensive as to raise doubts about whether the Electronic Health Records project could be said to be "managed" in any proper sense whatsoever...

The report marks the second time in a week that the auditor general has been highly critical of electronic record keeping in the health care sector. Last Wednesday, he blasted the Vancouver Coastal Health Authority for inadequate security on the electronic records it maintains on some 600,000 patients receiving residential care and other services. (Report: Click Here Article, Vancouver Sun: Click Here) The problems were so extensive Doyle held off releasing that report for six months, until the authority could address more than 100 recommendations for improving security and protecting patient privacy.

VAUGHN PALMER: COLUMNS ON THIS TOPIC Click Here or Click Here


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FIPA DENOUNCES WASTE OF $180 MILLION ON PROGRAM TO COLLECT AND SWAP ‘UNPRECEDENTED AMOUNT OF PERSONAL INFORMATION' ON CITIZENS
February 11, 2010

In a letter sent to Premier Gordon Campbell today, FIPA Executive Director Darrell Evans criticized the announcement in the Speech From the Throne that $180 million will be spent to create an "Integrated Case Management system"(ICM).

"The ICM system will have a severe negative effect on both the privacy rights of British Columbians and the public purse," Evans wrote. "It will involve massive and unprecedented collection, use and disclosure of personal information by the provincial government."

In light of reports blasting the provincial government for inadequate policies, care and competence in protecting the privacy of citizens, this kind of project should be put on hold, at least until adequate study and consultation has taken place, as recommended by the Information and Privacy Commissioner in last year’s annual report.

FIPA letter to Premier Campbell Click Here

Government news release, NEW CASE MANAGEMENT SYSTEM TO IMPROVE SERVICE AND SECURITY Click Here

Editorial, Times Colonist: GIANT DATABASE A THREAT TO PRIVACY Click Here or Click Here

FIPA article: INTEGRATED CASE MANAGEMENT SYSTEM PUTS CLIENT PRIVACY AND ORGANIZATIONAL RELATIONSHIPS AT RISK Click Here

Information and Privacy Commissioner Annual Report 2008-2009 Click Here

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US GOVERNMENT POSTING WEALTH OF DATA TO INTERNET
January 22, 2010

US Government Posting Wealth of Data to Internet
The Obama administration on Friday is posting to the Internet a wealth of government data from all Cabinet-level departments, on topics ranging from child car seats to Medicare services. The mountain of newly available information comes a year and a day after President Barack Obama promised on his first full day on the job an open, transparent government. Under a Dec. 8 White House directive, each department must post online at least three collections of “high-value” government data that never have been previously disclosed.

Required to release the three new data sets are the departments of State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, Homeland Security and the Environmental Protection Agency, the offices of the U.S. Trade Representative and the U.S. ambassador to the United Nations and the Council of Economic Advisers.

* The Transportation Department will post ratings for 2,400 lines of tires for consumer safety based on tire tread wear, traction performance and temperature resistance.

* The Labor Department will release the names of 80,000 workplaces where injuries and illness have occurred over the past 10 years.

* The Medicare database has previously been available for a fee of $100 on CD ROM. Under the Obama initiative, it can be downloaded free, providing detailed breakdowns of payments for Medicare services.

* The Medicare data will be sortable by the type of medical service provided.

* A National Highway Traffic Safety Administration database rates car seats for ease of use, evaluating the simplicity of instruction sheets, labels, vehicle installation features and securing the child.

“We’re democratizing data,” White House Chief Information Officer Vivek Kundra said Thursday in an interview.

Open government groups are supportive. All the new data collections will be added to the government’s Web site called 'data.gov'.

Source: Click Here

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INFORMATION AND PRIVACY COMMISSIONER OF BC APPOINTED AS DEPUTY ATTORNEY GENERAL
January 20th, 2010

Information and Privacy Commissioner David Loukidelis has been appointed British Columbia’s Deputy Attorney General. The appointment will be effective February 1, 2010.

The BC Freedom of Information and Privacy Association (FIPA) wishes to thank the outgoing Commissioner for his exemplary work and leadership during a trying period for Freedom of Information and privacy in the province.

"Commissioner Loukidelis did an outstanding job as Commissioner and we hope his successor is of equally high quality," said FIPA Executive Director Darrell Evans. "His decisions and recommendations showed a wisdom and long term vision which will continue to set the tone in FOI and privacy matters for years to come."

Loukidelis has become an internationally-recognized expert in access to information and privacy protection issues, and has written hundreds of access-to-information and privacy decisions under B.C.’s public and private sector access and privacy laws. In addition to serving as Information and Privacy Commissioner, he has served as Registrar of Lobbyists under the Lobbyists Registration Act.

Loukidelis was a founding member of the BC Freedom of Information and Privacy Association and served as its president in the early 1990s.

The government has said it will appoint an Acting Commissioner in the next few days, but a permanent replacement for Commissioner Loukidelis will require the unanimous recommendation of a special legislative committee.

Link to the government press release: Click Here

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FBI FAKED TERROR ALERTS TO GET PHONE RECORDS

By Chris Williams
20th January 2010
http://www.theregister.co.uk/2010/01/20/fbi_phone/

The FBI fabricated terrorism emergencies to obtain thousands of phone records between 2002 and 2006, it's been revealed.

The Bureau created "exigent letters" to get around rules that had already been significantly loosened by the Patriot Act. The letters were used to obtain some 2,000 phone records, The Washington Post reports.

Washington Post and New York Times journalists were among the targets.

The internal concerns were confirmed in emails that are part of an investigation by the Justice Department's inspector general, which is due to report this month.

As well as fabricating emergencies, FBI counter-terror investigators obtained phone records by simply leaning on operators, getting approval after the fact with blanket authorisations.

The Patriot Act allowed investigators to effectively self-certify their requests for communications data, using a "National Security Letter" (NSL), a type of subpoena without judicial oversight. The Justice Department has found that by fabricating emergencies and sending NSLs after it had obtained phone records, the FBI violated what civil liberties protections remained.

In response, the FBI claimed that although it did not follow statutory process to obtain the records, they were all legitimate targets for investigation.

"The [Justice Department] report is not expected to find — nor were there — any intentional attempts to obtain records that counterterrorism personnel knew they were not legally entitled to obtain," said assistant director of public affairs Michael Kortan.

He added all the numbers obtained have been deleted and that "steps were taken as early as 2006 to ensure similar situations do not occur in the future". However, The Washington Post said it had seen emails showing FBI lawyers sounded the alarm in 2005.

The US NSL system is similar to the UK's Regulation of Investigatory Powers Act (RIPA) regime for authorities to obtain communications data from phone companies and ISPs. Each has no judicial oversight and investigators effectively self-certify their requests.

The UK system is much broader, however, with no requirement that national security is threatened and many more agencies, such as local councils, empowered to access records.

Oversight is provided by a former High Court judge appointed by the Prime Minister, who produces an annual report. In 2008, the most recent available, he says that 595 errors were made but added: "I am not convinced that any useful purpose would be served by providing a more detailed report of these errors."

The government is developing a major extension to communi-cations surveillance that would require internet firms to retain huge amounts of extra data, under the Interception Moderni-sation Programme. Ministers have argued that that RIPA will be sufficient to govern access to the newly available terabytes of private information. ®

Related stories

* UN issues call for international privacy agreement (20 January 2010)
http://www.theregister.co.uk/2010/01/20/un_terror/
* RIPA III: A legislative turkey comes home to roost (25 November 09)
http://www.theregister.co.uk/09/11/25/jfl_ripa_opinion/
* UK jails schizophrenic for refusal to decrypt files (24 November 09)
http://www.theregister.co.uk/09/11/24/ripa_jfl/
* Government rejects call to secure snoop data (9 November 09)
http://www.theregister.co.uk/09/11/09/ripa_consultation/
* FBI and SOCA plot cybercrime smackdown (22 October 09)
http://www.theregister.co.uk/09/10/22/soca_fbi_cybercrime_strategy/
* Increase in comms snooping? You ain't seen nothing yet (10 August 09)
http://www.theregister.co.uk/09/08/10/interception_commissioner/
* Mobile operators question net snoop plan (1 July 09)
http://www.theregister.co.uk/09/07/01/imp_evidence/
* ISPs frosty on Jacqui's comms surveillance plan (2 June 09)
http://www.theregister.co.uk/09/06/02/imp_reception/
* Councils to lose some spy powers (17 April 09)
http://www.theregister.co.uk/09/04/17/home_office_snoop_review/
* Bush-era NSA wiretap violations exposed (16 April 09)
http://www.theregister.co.uk/09/04/16/nsa_warrentless_wiretapping_scope_creep/

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GROUPS CALL ON PREMIER TO BRING BC FERRIES BACK UNDER FOI ACT

November 16, 2009

FIPA, the BC Civil Liberties Association, and the Canadian Taxpayers Federation sent a letter to Premier Gordon Campbell today calling for the return of BC Ferries to the Freedom of Information and Protection of Privacy Act.

A report by the province’s Comptroller General revealed a culture of secrecy and entitlement at the provincially-owned but privately-run company. BC Ferries was removed from the provincial freedom of information law in 2003 by the Liberal government as part of a massive re-organization of the company.

"This is a concrete example in dollars and cents of how important freedom of information really is," said FIPA Executive Director Darrell Evans. "I doubt BC Ferries officials would have been paid these outrageous salaries and bonuses if they knew citizens or the media could ask for them through the freedom of information act."

The enormous salaries and bonuses that were the highlight of the Comptroller General’s report became public knowledge only when changes to federal securities regulations required BC Ferries to disclose them.

"The government should act immediately to put BC Ferries back under the FOI act," said Micheal Vonn of the BCCLA. "Clearly they made a mistake in removing the company from scrutiny by the public, and they should correct that error immediately."

"The Ferry Authority and Board are not accountable to anyone, and as politicians are not minding the store, citizens, watchdog groups and the media must be empowered to ensure taxpayers are getting value for money," said Maureen Bader, BC Director of the Canadian Taxpayers Federation. "Putting BC Ferries back under the FOI act is the first step to renewing accountability and transparency among organizations receiving tax dollars."

A Special Committee of the Legislature is now reviewing the Freedom of Information and Protection of Privacy Act. All three groups intend to make submissions for improving the law and will call upon other concerned citizens and groups to do the same.

The letter to Premier Campbell is available at
Click Here

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HOUSE OF COMMONS ETHICS COMMITTEE ISSUES NEW REPORT ON REFORM OF THE ACCESS TO INFORMATION ACT
June 2009
LINK: Click Here

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BIG BROTHER IS WATCHING US
Feb. 24, 2009

Follow the instructions below for a real-life demonstration ... and then imagine the effectiveness of those guys taking pictures at the last demo you attended...

An interesting demonstration of how far imagery has come. You can take a picture of a million people (or thereabouts) and still get down to individual faces. Wow....

This picture was taken with a commercial Canon digital camera at 1,474 Megapixels. 295x better than the standard 5 Megapixel! Double click an area, let it focus as it zooms in, then do it again. And again, or just use the scroll wheel of your mouse. Imagine what the military has now..
http://gigapan.org/viewGigapanFullscreen.php?auth=033ef14483ee899496648c2b4b06233c

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CANADIAN JUDGE RULES INTERNET USERS HAVE “NO REASONABLE EXPECTATION OF PRIVACY”
February 13, 2009
A judge in Canada has ruled that Internet users have “no reasonable expectation of privacy” regarding records kept by their Internet service providers (ISPs). The ruling was made in the course of a child pornography case in which law enforcement officers asked an ISP to provide subscriber information for an IP address that was allegedly used to access the content. Bell Canada provided the information without a warrant. Most Canadian ISPs require warrants before they will provide subscriber names, except in the case of child pornography. Privacy advocates are concerned the ruling could set a precedent that would put individuals’ entire surfing history at the disposal of law enforcement authorities without the need for warrants. They maintain the judge operated under the faulty assumption that the information obtained from the ISP is similar to what could be found in a telephone directory.

Source: http://www.nationalpost.com/news/story.html?id=1283120
Source: http://www.montrealgazette.com/news/Police+have+access+your+online+history/1286193/story.html

OTTAWA RECALLS SENSITIVE DATABASE IN BORDER PROJECT

The federal government is repatriating a database of personal information about Canadian citizens after warnings the U.S. government might misuse it. The database with details about several hundred British Columbians was turned over to the U.S. Customs and Border Protection agency last year as part of a controversial project to issue “enhanced driver’s licences” instead of passports for land-border crossings.

The pilot project is the first step in a Canada-wide program that could have seen the personal information of hundreds of thousands of Canadians handed over wholesale to American officials. But the Canada Border Services Agency has bowed to pressure from privacy advocates and is recalling the database, with the U.S. border agency promising to erase its records. Instead, as the project expands, the growing personal databanks will reside in Canada, accessible electronically -with strict limits- by American border officials.

“The data will remain in Canada, and it will be accessed remotely,” said David Loukidelis, British Columbia’s privacy commissioner and a critic of the original plan.

ACCESS-TO-INFORMATION LAWS TOO WEAK: WATCHDOG

Canada’s information commissioner says existing access-to-information laws are too weak. and lack measures that would force the federal government to hand over the records Canadians have a right to see. Commissioner Robert Marleau will table “a shopping list of legislative amendments” next month for MPs to consider. But he says it’s vital Treasury Board President Vic Toews take steps to force individual government departments to give their access-to-information offices the money and staff to fulfil their legal obligations under Canada’s Access to Information Act. Marleau said the decision by Canada’s Foreign Affairs Department to systematically prevent the release of hundreds of thousands of government records is a symptom of a much broader problem, where bureaucrats are trying to use every administrative trick in the book to avoid a mounting workload. “There is a systemic problem; it’s not just a departmental performance issue. The centre, like Treasury Board Secretariat, has to exercise some leadership to turn this ship around,” Marleau said.
Source: http://www.nationalpost.com/story.html?id=1297902

POLICE CHIEFS URGE OTTAWA TO CHANGE LAWS TO HELP BATTLE CRIME
February 19, 2009
Canada’s police chiefs lined up to support B.C.’s fight against gang violence and urged Ottawa to make much-needed legal changes to help police battle crime. Steven Chabot, president of the Canadian Association of Chiefs of Police, said what’s really needed are new federal laws to help police wiretap digital devices and make evidence disclosure less of a burden on the legal system.”There is almost universal understanding this is a crucial area of law that needs updating,” Chabot said at a meeting of B.C. police chiefs in Victoria. “What is required now is for the Government of Canada to act.” B.C. Solicitor General John van Dongen said he’ll travel to Ottawa next week to lobby the federal government.

Source: http://www.timescolonist.com/news/Police+chiefs+urge+Ottawa+change+laws+help+battle+crime/1306851/story.html

SURVEY: PRIVACY A MAJOR CONCERN AMONG WEB SURFERS
Feb 20, 2009
Following on the heels of Facebook’s decision to rescind a highly controversial move to store all content posted on the social network, new data has emerged to support consumers’ increasing alarm over online privacy. The vast majority—80.1%—of Web surfers are indeed concerned about the privacy of their personal information such as age, gender, income and Web-surfing habits, according to a survey of some 4,000 Web users administered and analyzed by Burst Media. More worrisome, perhaps, is the finding that privacy concerns are prevalent among all age segments, including younger demographics that are coming of age online.Still, privacy concerns do appear to increase with age, from 67.3% among respondents ages 18-24 to 85.7% of respondents 55 years and older. In addition, the Burst survey found that most Web users believe Web sites are tracking their behavior online. Three out of five—62.5%—respondents indicated it is likely that a Web site they visit collects information on how they navigate and interact with it. Based strictly on the description “advertisements more relevant to interest,” only one in five respondents—23.2%—said they would not mind if non-personally identifiable information was collected if ads were better targeted.

Source: http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=100617 Source: http://www.burstmedia.com/research/current.asp

INTERNATIONAL PANEL: ‘WAR ON TERROR’ HAS DILUTED PRINCIPLES
February 18, 2009
An international group of judges and lawyers has warned that systemic torture and other abuses in the global “war on terror” have “undermined cherished values” of civil rights in the United States, Britain and other countries. “We have been shocked by the damage done over the past seven years by excessive or abusive counterterrorism measures in a wide range of countries around the world,” Arthur Chaskalson, a member of the International Commission of Jurists, said in a statement announcing the results of a three-year study of counterterrorism measures since the Sept. 11, 2001, attacks in the United States. “Many governments, ignoring the lessons of history, have allowed themselves to be rushed into hasty responses to terrorism that have undermined cherished values and violated human rights,’’ said Chaskalson, a former chief justice of South Africa. The Geneva-based panel’s conclusions, released Monday, were echoed by a former British domestic intelligence chief, who said people in Britain felt as if they were living in a “police state” because of the government’s counterterrorism actions. “It would be better that the government recognized that there are risks – rather than frightening people in order to be able to pass laws which restrict civil liberties, precisely one of the objects of terrorism – that we live in fear and under a police state,” said Stella Rimington, former head of MI5, the domestic intelligence-gathering agency.

Source: http://www.washingtonpost.com/wp-dyn/content/article/2009/02/17/AR2009021703013.html


FOREIGN AFFAIRS VIOLATING DISCLOSURE LAWS: EXPERTS
David Akin, Canwest News Service
February 16, 2009
OTTAWA -- Canada's Foreign Affairs Department has systematically prevented the release of hundreds of thousands of government records on everything from the mission in Afghanistan to the NATO briefing materials Maxime Bernier left at his girlfriend's home, Canwest News Service has learned.
Two legal experts say the Department of Foreign Affairs and International Trade (DFAIT) violated Canada's Access to Information laws when it decided to systematically charge "preparation fees" before responding to Access to Information requests, effectively creating a barrier to government records being sought by ordinary Canadians, academics, businesses and journalists.
An official with the Office of the Information Commissioner, Parliament's Access to Information watchdog, said it is investigating complaints that have been filed over the policy.
"There is an issue there over possible denial of access," Andrea Neill, the assistant commissioner of information, said Friday.

Source: http://www.nationalpost.com/story.html?id=1297902


PRIVACY PROTECTION MUST BE PART OF VANCOUVER OLYMPIC GAMES PLANNING, SAY FEDERAL AND B.C. PRIVACY COMMISSIONERS

VICTORIA, February 2, 2009 – The Privacy Commissioner of Canada and the Information and Privacy Commissioner for British Columbia say that security and law enforcement agencies have to find the right balance between security requirements and privacy for the 2010 Olympic Winter Games.

“Experience has shown that Olympic Games and other mega-events can leave a troubling legacy – large-scale, security surveillance systems installed for mega-events often remain long after the event is over,” said Privacy Commissioner of Canada Jennifer Stoddart.

“Our hope is that Vancouver-area residents will not wind up surrounded by surveillance systems they neither want nor need. This would be an unfortunate legacy of the 2010 Games,” added her colleague, B.C. Commissioner David Loukidelis.

What happened following the Athens Games of 2004 is a case in point. Closed-circuit cameras installed for the Games were left in place afterwards to help law enforcement monitor citizens, notably during public demonstrations.

The two Commissioners have discussed security and privacy issues for the Games and will collaborate in monitoring security measures and privacy protections, in order to ensure that privacy rights are fully respected during the Games and after.

Full news release: http://www.privcom.gc.ca/media/nr-c/2009/nr-c_090202_e.asp

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P.E.I. GOVERNMENT FALSIFIED WORKER’S JOB RECORD: PRIVACY COMMISSIONER
Dec 31 2008
The P.E.I. Department of Transportation has been ordered to apologize to a former employee after it provided incomplete records following an access to information request. The department must also provide training to all of its employees about the province’s Freedom of Information and Protection of Privacy Act.

The strongly worded decision came out last week following the investigation of the department’s response to a request from a former employee for all records pertaining to her employment under the province’s freedom of information law. When she got the documents, she complained that a large amount of information seemed to be missing.

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TORIES FAILING TO END ERA OF SECRECY, GOMERY SAYS
March 14th, 2008
[Excerpt, link to full Globe and Mail article below]

The Harper Conservatives have failed to deliver on their key election promise to open up the federal government to greater scrutiny and to offer a transparent administration to Canadians, retired judge John Gomery told MPs yesterday.

The former head of the inquiry into the sponsorship scandal said the government is "badly misjudging" the situation if it believes Canadians will tolerate a government that doesn't adhere to transparency.

"The era of secrecy in government is the past. I'm convinced that any government that behaves secretly is eventually sowing the seeds of its own defeat," he said.

Mr. Gomery's comments came as the Conservatives are under intense opposition attacks for their refusal to release information on detainees in Afghanistan, their conflicts with various government agencies and their overall focus on secrecy.

Mr. Gomery made 19 recommendations to the government in 2006 after two years at the head of his inquiry, and said he heard a near-unanimous call for greater transparency as a protection against other scandals.

He added that, in his view, there is a need for decentralization of power in Ottawa, to get away from the growing trend toward a "one-man government." He said that two years later, he is surprised that the Harper government has not acted on many of his proposals, and that it has also failed to enact some of its key election promises.

In the last campaign, the Conservatives specifically vowed to "implement the Information Commissioner's recommendations for reform of the Access to Information Act (ATI Act)."

The promise was in reference to former information commissioner John Reid's plans for the act, which included the creation of a public-interest clause that could override the numerous reasons to hide information from the public.

But the Harper government has not made any major changes to the access to information system, even though it has had a number of opportunities to take action and has been pressed in that direction by the opposition.

The only major change adopted by the Harper government on access to information was to increase the number of agencies that fall under the scope of the act, which Mr. Gomery said is insufficient.

[FIPA notes that, out of more than 300 agencies the Conservatives could have brought under the ATI Act, they chose the handful that they disliked the most – a prime example being the CBC.]

LINK to the full Globe & Mail article: http://www.theglobeandmail.com/servlet/story/LAC.20080314.GOMERY14/TPStory/TPNational/Politics/

THE TORY PLEDGES TO STRENGTHEN ACCESS TO INFORMATION LEGISLATION WERE:

<> To implement the Information Commissioner's recommendations for reform of the Access to Information Act.

<> To give the Information Commissioner the power to order the release of information.

<> To expand the coverage of the act to all Crown corporations, Officers of Parliament, foundations and organizations that spend taxpayers' money or perform public functions.

<> To subject the exclusion of Cabinet confidences to review by the Information Commissioner.

<> To oblige public officials to create the records necessary to document their actions and decisions.

<> To provide a general public interest override for all exemptions, so that the public interest is put before the secrecy of the government.

<> To ensure that all exemptions from the disclosure of government information are justified only on the basis of the harm or injury that would result from disclosure, not blanket exemption rules.

<> To ensure that the disclosure requirements of the Access to Information Act cannot be circumvented by secrecy provisions in other federal acts.


READ "A CHANCE FOR TRANSPARENCY", FIPA's submission to the Parliamentary Committee to Consider the Federal Accountability Act, at Click Here

* * *

AUDITOR GENERAL BALKS AT COMMUNICATIONS VETTING BY PRIME MINISTER’S OFFICE
Independent watchdog will not abide by rule to run public statements by officials, says Elizabeth Fraser
May 01, 2008
Bruce Campion-Smith
Toronto Star

Ottawa's financial watchdog says she won't go along with draft government rules that she says would undermine the independence of officers of Parliament like herself.

Auditor-General Sheila Fraser found allies yesterday who condemned the Conservative proposal, which could mean that Parliament's officers must vet their public statements through a wing of the Prime Minister's Office, as an unprecedented attack on the independence of the officers, who are supposed to work at arm's length.

The draft proposal would lump in Fraser, along with other officers of Parliament such as the head of Elections Canada, and the privacy, information and ethics commissioners with all other government departments and demand they get high-level approval before speaking out.

"It's absolutely unacceptable and it's an attack on the independence of officers of Parliament," NDP MP David Christopherson (Hamilton Centre) said yesterday.

"This will be resolved. It's just a matter of how much dust do we have to kick up and how far do we have to drag the Prime Minister kicking and screaming to acknowledge that there are people in this country that he doesn't control."

LINK: http://www.thestar.com/news/canada/article/420225

* * *

MANITOBA TO OVERHAUL FOI ACT, HIRE PRIVACY CHIEF
Mary Agnes Welch
Winnipeg Free Press
May 1, 2008

After four years of dithering, the province is about to overhaul its access to information legislation and appoint Manitoba's first-ever privacy watchdog.

As early as this week, the Doer government will propose amendments to the Freedom of Information and Protection of Privacy legislation that would mandate polling paid for by taxpayers must be made public.

That's in response to a minor furor two years ago, when Mayor Sam Katz refused to release polling he'd done on the OlyWest hog-processing plant then proposed for St. Boniface.

The Doer government is also likely to speed up the time it takes to unseal cabinet documents. Now, cabinet documents are kept secret for 30 years before they're available for the public to peruse.

The bill will also create a privacy commissioner, a watchdog like the one who exists federally to make sure private records like health files and financial data are properly protected.

The commissioner will have the power to hold quasi-judicial hearings and issue binding orders that can only be challenged by going to court. Right now, both privacy and access issues are handled by the Manitoba Ombudsman, who does more informal investigations of public complaints and issues recommendations, which are almost always followed.

Manitoba will be the first province to follow Ottawa's lead and create its own privacy commissioner.

LINK: http://www.winnipegfreepress.com/local/story/4167511p-4755475c.html

* * *

TORIES HINT AT MEASURES TO OFFSET DOG SEARCH LIMITS
Apr 30, 2008
Sue Bailey (CP)

OTTAWA–The Harper government is miffed at two Supreme Court judgments restricting sniffer-dog searches in schools and other public places,and it's hinting it will take action to offset them.

Public Safety Minister Stockwell Day used the Ottawa airport and a drug-sniffing dog Wednesday to drive home his distaste for last week's 6-3 decisions. Both judgments restrict random searches in high schools, bus depots and other public spaces.

LINK to full article: http://www.thestar.com/News/Canada/article/420114

Also on this topic:
"SEARCHING FOR THE RIGHT BALANCE" - Ottawa Citizen Article by Ian Kerr
We can reasonably be suspicious of sliding standards for subjecting Canadian citizens to searches by sniffer dogs -- or the next detection technology
LINK: http://www.canada.com:80/ottawacitizen/news/story.html?id=a77852ef-c138-43bb-b94b-330b61521687&p=2

* * *

TORONTO CHIEF OF POLICE CALLS FOR WIDER DNA DRAGNET
Apr 12, 2008
Toronto Star

Toronto police Chief Bill Blair hopes that, as soon as 2011, police will have the power to demand DNA samples from anyone charged – not just convicted – of serious crimes. Blair is championing a broadened genetic data bank even as police and privacy advocates throughout the Western world spar over who should be forced to surrender their DNA.

In a move that left civil libertarians aghast, the U.K. recently began collecting samples from suspects when they’re charged – even shoplifters. More than 10 U.S. states have followed suit.

There are now more than 40,000 DNA samples from crime scenes in the Canadian database – many from unsolved cases. But taking samples when people are charged inevitably means the DNA of innocent people will be catalogued.

"Where do you draw the line?" asked criminal defence lawyer James Lockyer, who regularly represents the wrongfully convicted. "You could, on the basis of the public interest, justify rounding up the entire population and securing a DNA sample."

LINK to full article: http://www.thestar.com/News/GTA/article/413851

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B.C. CIVIL LIBERTIES SAYS SCHOOL SURVEY VIOLATES PRIVACY RIGHTS OF STUDENTS
Macleans.ca
April 4th, 2008

The B.C. Civil Liberties Association (BCCLA) says a survey of provincial high school students violates the privacy rights of students. The association has filed a complaint with B.C. Privacy Commissioner David Loukidelis, challenging the use of the Safe School and Social Responsibility Survey.

The association says the survey asks students whether they have committed any criminal acts. It says while the survey claims to be confidential and anonymous, there are no protections for students from police asking to look at the files and tracking any crimes back to individual students.

LINK to full article: http://oncampus.macleans.ca/education/2008/04/04/civil-liberties-group-says-bc-school-survey-violates-privacy-rights-of-students/

BCCLA website: http://www.bccla.org/

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MUNICIPAL POLITICIANS DESERVE MORE SCRUTINY
Miro Cernetig
Vancouver Sun
March 31, 2008

In case you're not convinced that municipal politics are a little too murky, a little too free-wheeling for their own good, just consider Prof. Patrick Smith's recent research. He's been trying to collect basic information on campaign contributions to our municipal leaders.

It's been no easy job.

The intrepid professor from Simon Fraser University's Institute of Governance Studies has been getting his students to file freedom-of-information requests to 26 municipalities, seeking the finances of local politicians in the 1999 elections.

The requests were filed in 2006, in hopes of collecting the documents before they were destroyed or filed away out of public reach.

There are no rules governing destruction of such documents, but most municipalities make a habit of shredding or warehousing them seven years after they're filed, meaning they don't have to be produced under Freedom of Information laws.

The professor and his students are now working on collecting the information from more recent elections.

But what they have found so far, outlined in the appropriately titled research paper Terra Incognita? should set off alarm bells...

LINK to full article, Vancouver Sun Click Here

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FIPA AND BC CIVIL LIBERTIES CALL FOR IMPROVEMENTS TO BC'S PERSONAL INFORMATION PROTECTION ACT
March 7th, 2008

FIPA and the BC Civil Liberties Association have released a joint submission to an all-party committee of the BC Legislature that is currently reviewing the province’s Personal Information Protection Act (PIPA). PIPA protects the privacy of personal information held by provincially-regulated businesses and non-profit groups.

FIPA and BCCLA have called for improvements to the act in order to give individuals

* better knowledge of what corporations do with their personal information,
* easier access when they want to see the personal information a corporation has collected about them
* more control over what corporations are allowed to do with personal information
* better protection of personal information, especially when corporations transmit it outside of Canada, and
* prompt notification when when security breaches place their personal information at risk.

The submission also calls for stronger penalties for breaches of the act.

This is the first review of the act since it was passed in 2003. The purpose of the PIP Act is to ensure that private sector organizations collect, use and disclose personal information in ways that protect personal privacy.

LINK to the FIPA/BCCLA submission: Click Here
COMMITTEE WEBSITE: http://qp.gov.bc.ca/cmt/38thparl/session-3/pipa/index.htm

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PRIVACY COMMISSIONERS RELEASE NEW GUIDELINES FOR VIDEO SURVEILLANCE

March 7, 2008

Private-sector organizations considering video surveillance systems must take specific steps to minimize the impact on people’s privacy, say video surveillance guidelines released yesterday by three of Canada's privacy commissioners.

The new guidelines set out how companies should evaluate the use of video surveillance and ensure any surveillance they undertake is conducted in a way that respects privacy rights and complies with the law.

These guidelines have been endorsed by Jennifer Stoddart, the Privacy Commissioner of Canada, Frank Work, the Information and Privacy Commissioner of Alberta, and David Loukidelis, the Information and Privacy Commissioner for British Columbia.

LINK to full news release Click Here
LINK to guidelines Click Here

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2007 WHISTLEBLOWER AWARD PRESENTED TO FORMER EMPLOYEE OF BC MINISTRY OF WATER, AIR AND LAND PROTECTION

On December 11, the 2007 Whistleblower Award was presented in a ceremony at Simon Fraser University's Harbour Centre campus.

A crystal trophy was presented to Gord McAdams, an Ecologist formerly with the BC government, by the Campaign for Open Government and the BC Freedom of Information and Privacy Association (FIPA).

FORE MORE NEWS ABOUT THE AWARDS: Click Here

NEWS COVERAGE FROM THE VANCOUVER SUN, THE PROVINCE AND THE GLOBE AND MAIL Click Here

PAST WINNERS, WHISTLEBLOWER AND FREEDOM OF INFORMATION AWARDS Click Here

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CANADA'S NEW DO-NOT-CALL LIST PROCESS A FARCE: MICHAEL GEIST
oCT. 22, 2007

The news over the summer that the CRTC was at long last moving forward with a national do-not-call list generated a sigh of relief from millions of Canadians fed up with intrusive, unwanted and inconvenient unsolicited telemarketing calls.

In the past few months, the do-not-call list details have begun to emerge with the CRTC addressing questions surrounding who will run the list, who will pay for it and who will investigate consumer complaints. While Canadians might expect most of those responsibilities to rest with the CRTC, the commission appears to have a far different vision – one that involves a near-complete outsourcing of responsibilities to Canada's dominant telecommunications companies.

LINK to full Toronto Star column: http://www.thestar.com/article/269017

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FOI LEGISLATION CAN'T WIN WHEN GOVERNMENT REFUSES TO BE OPEN, SAYS FATHER OF BC'S FOI ACT
October 11, 2007

The politician who spearheaded the creation of the B.C. Freedom of Information Act says the 15-year-old legislation has failed to blunt government's natural instinct to withhold public information.

Former NDP attorney general Colin Gabelmann said Friday the act was designed to "foster a culture of openness" so that government officials would automatically release information as long as it wasn't violating privacy requirements.

"But that hasn't happened," Gabelmann said in an interview after speaking to the B.C. Information Summit in Vancouver.

LINK to complete Vancouver Sun article:
Click Here

LINK to Colin Gabelmann speech:
Click Here

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TO AVOID EMBARRASSMENT, THE FEDERAL TORIES SACRIFICED YOUR RIGHT TO KNOW
August 10, 2007

The Federal Court has ordered the federal government to reveal most of what it didn't want Canadians to know about the Mahar Arar Scandal.

Newly declassified information shows that that Canadian agencies worked directly with the U.S. Central Intelligence Agency and also received information known to be likely derived from Syrian torture during a post-9/11 investigation that culminated in the Maher Arar debacle.

The disclosure follows a pitched legal battle by Mr. Justice Dennis O'Connor, who fought to make public 1,500 words that the Canadian federal government had excised from his four-volume report released last year.

The Conservative government came under fire yesterday for its decision to censor passages of the Arar commission report that many believe were merely embarrassing to the U.S. and Canadian security officials, and not vital to national security.

Ottawa officials fought to keep the information secret, frequently arguing that it did not want to compromise the goodwill of foreign allies who sent in intelligence from abroad.

SEE MORE IN THE GLOBE AND MAIL:

Court lifts lid on secret Arar details
http://www.theglobeandmail.com/servlet/story/RTGAM.20070809.warar0809/BNStory/National

Tories take heat for trying to keep lid on facts
http://www.theglobeandmail.com/servlet/story/LAC.20070810.SECRET10/TPStory/Front

Ottawa sacrificed Arar to save face with U.S., Syria
http://www.theglobeandmail.com/servlet/story/RTGAM.20070810.wibbitsonarar10/BNStory/Front

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ACCESS TO INFORMATION REFORMS URGENTLY NEEDED, SAYS BC'S INFORMATION
COMMISSIONER
July 26, 2007

In his annual report, released today, Information and Privacy Commissioner David Loukidelis has called on the Premier and Cabinet to show leadership by amending the Freedom of Information and Protection of Privacy Act to restore the public's access to information rights that were curtailed by a BC Court of Appeal Decision.

"The bottom line is that the bureaucracy is perfectly content with the Court of Appeal's overly narrow view of public access to information rights under FIPPA. This is unfortunate, since it unnecessarily and inappropriately empowers more information to be hidden from the public than before," the Commissioner stated.

In his annual message, the Commissioner also expressed concern about the impact on privacy of the push for more state intrusion in the name of national security, fighting terrorism and law enforcement.

"Unless the state can show, based on real evidence that it has a compelling need to limit our liberty, our business is not the government's business," he stated.

FULL NEWS RELEASE: http://www.oipc.bc.ca/sector_public/mediaroom/media_room.htm
ANNUAL REPORT:
http://www.oipc.bc.ca/publications/annual_reports/2007AR/OIPC_AR_2006_07.pdf

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ACTION ALERT: JOIN CANADA'S PRIVACY WATCHDOGS IN CALL FOR SUSPENSION OF NEW NO-FLY LIST
June 29, 2007

Canada's official privacy watchdogs have formed a united front to call for suspension of the Canadian government's new no-fly list until it can be overhauled to ensure strong privacy protections for Canadians.

FIPA is urging all concerned citizens to join in by emailing the Prime Minister (See last paragraph).

The federal, provincial and territorial privacy commissioners issued a joint resolution on Thursday June 28 outlining reforms urgently required for Passenger Protect, the new program designed to keep security threats off airplanes.

The resolution is available on the website of the Office of the Privacy Commissioner of Canada at http://www.privcom.gc.ca/nfl/res_20070628_e.asp

The Commissioners released the following statement in a joint news release:
(Click Here)

"The Passenger Protect Program involves the secretive use of personal information in a way that will profoundly impact privacy and other related human rights such as freedom of association and expression and the right to mobility.

"We are particularly troubled that Canadians will not have legally enforceable rights of appeal, to independent adjudication or to compensation for out-of-pocket expenses or other damages.
Commissioners and ombudsmen are unanimously of the view that the use of such lists in the interests of airline security should only occur in a manner consistent with Canadian values in the area of privacy protection.

"It is alarming that Transport Canada will not assure Canadians that the names of people on it will not be shared with other countries. We do not want to see, through the failure to take adequate safeguards, other tragic situations arise where the security of Canadian citizens may be affected or compromised by security forces at home or abroad.

"There is a very real risk people will be stopped from flying because they have been incorrectly listed or share the name of someone on the list. There have been many cases with the U.S. no-fly list where false positives have meant that even children and well-known public figures such as Senator Edward Kennedy have been questioned or denied boarding.

Transport Minister Lawrence Cannon has said that the names of as many as 2,000 people who have secretly been declared security threats by government officials have been placed on the list. They will be denied boarding passes if they try to get on an airplane in Canada.

"Being placed on the list has serious repercussions for people. This is particularly worrisome since Canada's federal public-sector Privacy Act is in critical need of reform and offers no adequate protection or remedies to address the privacy risks that inappropriate use of the no-fly list creates.

"Until the government substantially overhauls Passenger Protect in order to address significant risks of the no-fly list to the privacy and other rights of Canadians, the program should be suspended. Alternatively, Parliament should ensure that the program functions under strict ministerial scrutiny with regular public reports to Parliament until a comprehensive public parliamentary review is completed and reforms are made."

FIPA ENCOURAGES CONCERNED CITIZENS TO EMAIL PRIME MINISTER STEPHEN HARPER AT pm@pm.gc.ca, TELLING HIM THAT THEY SUPPORT THE FEDERAL, PROVINCIAL AND TERRITORIAL PRIVACY COMMISSIONERS, THAT THE NO-FLY LIST SHOULD BE SUSPENDED, AND THAT A PARLIAMENTARY COMMITTEE SHOULD HOLD PUBLIC HEARINGS ON THIS MATTER.

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BC GOVERNMENT CONTINUES DOWN 6-YEAR PATH OF SECRECY
April 26, 2007

For the sixth time since 2001, BC's Liberal government has introduced amendments to the province's Freedom of Information and Protection of Privacy Act (FOIPP Act) without making much-needed improvements in public access to information.

The BC government introduced Bill 25 on April 19 claiming that it "...will strengthen B.C.'s Freedom of Information and Protection of Privacy Act" and "address recommendations of the Special Committee that reviewed the FOIPP Act." However, according to the Campaign for Open Government, Bill 25 does nothing to make the process of filing an FOI requests easier, less costly or less time-consuming for requesters.

The administration has been very selective in choosing which of the recommendations of the 2004 Special Committee to implement: of the committee's 28 recommendations, not one of the ten picked for action to date has improved the actual FOI request process.

"We have been asking for over a year now that the government implement all the
recommendations from the Special Committee as the first step in reforming their abysmal record on freedom of information," said campaign spokesperson Darrell Evans.

The one amendment in Bill 25 that directly affects FOI requests actually impedes them by increasing the ability of officials to stall requesters when a request is transferred from one public body to another. (See backgrounder #1, Analysis of Bill 25 at http://www.opengovernment.ca).

According to the Campaign for Open Government, obstructing access to information is business as usual for the Liberal administration. For a list of 10 actions they have taken to limit access, see the campaign website at http://www.opengovernment.ca

THE CAMPAIGN FOR OPEN GOVERNMENT IS A NON-PARTISAN COALITION OF GROUPS WHICH INCLUDES:

BC Civil Liberties Association
BC Coalition of People with Disabilities
BC Freedom of Information and Privacy Association
BC Government Employees Union
BC Health Coalition
BC Library Association
BC Persons with AIDS Society
BC Press Council
BC Teachers' Federation
BC Trial Lawyers Association
Canadian Association of Journalists
Canadian Newspaper Association
Canadian Office and Professional Employees Union
Canadian Taxpayers Association
Committee for Racial Justice
Consumer Advocacy & Support for Homeowners Society
Sierra Legal Defense Fund
UBC School of Journalism
Western Canada Wilderness Committee

CAMPAIGN FOR OPEN GOVERNMENT: http://www.opengovernment.ca

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SIERRA LEGAL WINS RULING AGAINST EXORBITANT FEE FOR POLLUTERS LIST
April 24th, 2007
By Irwin Loy
24 HOURS
http://vancouver.24hrs.ca/News/2007/04/24/4124873-sun.html

A prominent environmental advocacy group is claiming victory in a four-year battle to make B.C.'s Ministry of Environment cough up data on industry pollution. The office of the Information and Privacy Commissioner has ruled the ministry as "unreasonable" in demanding a $173,000 fee to gather the information.

Sierra Legal had first asked for the data under Freedom of Information legislation in 2003, with the intention of turning it into a report on the province's worst polluters. That information was publicly available until the province stopped publishing its non- compliance lists in late 2000.

"I think it's clear the public deserves to know if companies are violating air- and water-quality standards," said Sierra Legal lawyer Randy Christensen.

The Environment Ministry now has 30 days to recalculate the cost of gathering the information, although Sierra Legal is arguing that the entire fee should be waived.

For access to information advocate Darrell Evans, requesting a six-figure fee is a common tactic employed by the province.

"The fees become an obstacle to access," said Evans, executive director of the B.C. Freedom of Information and Privacy Association. "It's just a pattern of absolute secrecy. They won't give you anything Without a fight if they feel it could be used against them."

LINK TO SIERRA LEGAL NEWS RELEASE: http://www.sierralegal.org/m_archive/pr07_04_23.html

* * *

INFORMATION COMMISSIONER PROBES WHETHER BC HEALTH MINISTRY 'ABUSED' FREEDOM OF INFORMATION LAW
February 23rd, 2007

B.C. Information and Privacy Commissioner David Loukidelis has begun a preliminary investigation into whether the health ministry "abused" provincial Freedom of information legislation.

On February 9, Loukidelis wrote to the ministry's director of corporate information, privacy and records, asking for an uncensored copy of a resignation letter written by former Fraser Health Authority chairman Keith Purchase.

A version of Purchase's letter was released to the media this week with a number of passages severed that were highly critical of government.

The commissioner's office asked to see the full resignation letter by Feb. 12. A representative of the office said Loukidelis is still determining whether to conduct a full investigation under Section 42 of the Freedom of Information and Protection of Privacy Act or to instead make a formal request for review of the severing decision.

Loukidelis was responding to a complaint lodged by NDP health critic Adrian Dix, who objected to the fact the ministry cut portions of the letter that criticized government's funding and oversight of the health region.

"I have decided to investigate Mr. Dix's complaint," Loukidelis wrote.

Purchase resigned as Fraser Health Authority chairman through his letter of Jan. 25 to Health Minister George Abbott.

The uncensored version of the letter obtained later by The Vancouver Sun revealed that Purchase described the Fraser authority as being in a "crisis situation" and also said that government funding levels next year would mean "bed closures and service cuts would be inevitable."

LINKS TO RELATED ARTICLES:

Vaughn Palmer column, Vancouver Sun, Feb. 8 2007 http://fipa.bc.ca/library/News_Archive/Vaughn_Palmer_FOI_story-Feb-8_07.doc
Paul Willcocks column, Kelowna Daily Courier, Feb. 14, 2007 http://fipa.bc.ca/library/News_Archive/BC_Government_anything_but_open-Feb_14_07.doc

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CAMPAIGN FOR OPEN GOVERNMENT RELEASES LIST OF TOP 10 FOI STORIES OF 2006
January 3rd, 2007

The Campaign for Open Government has released a list of the top 10 stories broken in BC during 2006 through the use of the Freedom of Information act.

Information obtained through FOI requests in 2006 threw public light on environmental disasters, threats to public health and safety, official misconduct and corruption, bungled government programs, and at least one attempt by the B.C. government to cover up embarrassing information.

See the Top 10 list at http://www.opengovernment.ca/ (left side).

"These few examples are taken from hundreds of reported instances of FOI use,"
said campaign spokesperson Darrell Evans. "They show that determined citizens,
reporters, and public interest groups are still able to use the Freedom of Information Act to shed light on government secrets and keep officials accountable to the public – in spite of eight years of financial cutbacks to FOI offices and increased barriers to the release of public information."

Five of the top ten stories were broken by journalists, two by the NDP opposition, two by citizen activists, and one by an environmental group.

"It's good to see that the Official Opposition is back as an effective user of the FOI act," said Evans. "When the B.C. Liberals were in opposition and at their peak use of FOI, they accounted for an amazing 30 per cent of all FOI requests for general (that is, non-personal) information."

The act was introduced by the NDP under Mike Harcourt, but the Liberal opposition became the most effective user of the FOI act in the 1990s, and led the way in demonstrating that FOI is one of the mainstays of transparent and accountable government.

CAMPAIGN FOR OPEN GOVERNMENT WEBSITE: http://www.opengovernment.ca/

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BC GOVERNMENT'S 'CULTURE OF DENIAL' EXPOSED
November 23rd, 2006

The BC government's handling of a recent Freedom of Information request from the
NDP has laid bare the "culture of denial" rampant among government decision-makers. Information mistakenly released to the NDP reveals hand-written advice by a top political aide to Solicitor General John Les, which suggests severing politically-sensitive information from the requested documents on the spurious basis that it could be considered 'advice.'

"This is exactly the kind of behaviour that prompted us to launch the Campaign for Open Government," said campaign spokesperson Darrell Evans. [CAMPAIGN WEBSITE: http://www.opengovernment.ca]

"Once again the government is trying to use the FOI act's 'policy advice' exception as a catch-all reason for withholding key information - but what they want to withhold is not policy advice, it is factual information and analysis that will form the basis for decision-making. The actual recommendation section was already blacked out. This is political interference of the worst kind," stated Evans.

It also took more that six months for the NDP to receive the documents they requested, far l