Given its recent release, legal researchers at FIPA have completed an analysis of the Report on the administration of the Freedom of Information and Protection of Privacy Act 2019/20 & 2020/21 tabled in the BC legislature May 18, 2021.
In general, the current Report presented less analysis, information, and figures than its predecessor. There is noticeably less effort made in the current Report to translate the data into digestible and relevant information. The current Report also fails to effectively identify negative trends as well as discuss potential and ongoing challenges under FIPPA. This failure is evidenced by the Report’s lack of key explanations, definitions, data, and content. Metrics on timeliness of FIPPA administration, such as those presented in previous 17/19 Report and the Office of the Information and Privacy Commissioner’s (OIPC) Special Report on FIPPA compliance and timeliness, are notably absent.
The lack of a timely, comprehensive, and relevant annual reporting practice discourages public oversight and engagement and further erodes public confidence in FIPPA’s administration process by this Minister.
The Analysis identifies the following key problems:
Delays in Reporting Undermine Trust
These delays undermine transparency in the administration of the act. They also provide the Minister with the political opportunity to control the narrative by restricting access to information.
Report Does Not Address Worrisome Trends
The current Report fails to address how the average processing time has increased, despite a decrease in overall request volume, proportion of cross-government requests, and pages processed.
Gaps in Content
Unreported data reduces relevancy and transparency of the Act’s administration. Missing definitions create uncertainty around the data and complicate their interpretation and analysis.
Report’s Analysis is Insufficient
There is a noticeable decline in efforts made to visualize information and identify trends in a manner that facilitates public understanding.
Report reveals this Government’s Concerning FOI Legacy
Although downplayed by the Premier and Minister, the new revenue stream from their ‘Transparency Tax’ will more than double the average fee for all FOI Requests.
FIPA’s analysis presents solutions to these key problems, which can be addressed if the Minister has the political will to act on her mandate to “… provide British Columbians with timely access to information and ensure the system provides public accountability.”
