BC FIPA’s comments on Bill 38, the Personal Information Protection Act, submitted to the Minister of Management Services – 15 May 2003

Bill 38 is a very good piece of privacy legislation and a breakthrough for privacy rights at the provincial level. BC has shown strong leadership among the provinces in moving forward with a private-sector privacy bill that has real teeth. For this, great credit is due to yourself and also to Chris Norman and Sharon Plater, the officials at the Corporate Privacy and Information Access Branch who have conducted the public consultation process and the development of the legislation.

However, Bill 38 is not flawless. In our news release of May 2, 2003, BC FIPA’s president stated, “We are pleased at how far the bill progressed [during the consultation process]. We’re not saying that the act is perfect, but we give it a high “B” grade.”

FIPA has stated clearly to the government, the media and the public that we support Bill 38 because its merits greatly outweigh its flaws. In endorsing the Bill, we recognize how far the government moved to improve and strengthen it during the consultation process. Nevertheless, we must state that we are in substantial agreement with most of the points the Privacy Commissioner has raised. We urge the government to consider the substance of the Privacy Commissioner’s comments seriously, and if at all possible, make improvements to the Bill in the areas in which he has expressed concern.

Read BC FIPA’s complete comments to the Minister (doc).

Key Recommendations for Reform of the Freedom of Information and Protection of Privacy Act

BC FIPA has published a list of key recommendations for reform to the Freedom of Information and Protection of Privacy Act (the Act).

FIPA calls for a number of improvements:

  • reinforcing the ‘public interest’ provision under s. 25;
  • limiting what the government can do without consent;
  • increasing the responsibility of public bodies to respond fully to requests and in a timely fashion;
  • introducing whistleblower protections;
  • improving the rules regarding retention and destruction of documents;
  • narrowing the exceptions under s. 14 and 15;
  • extending the scope of coverage of the Act to the Legislative Assembly;
  • reviewing all the statutory exceptions from the Act; and,
  • revisiting the budget of the Information and Privacy Commissioner.

Read the full recommendations (pdf).

Submission on the Reform of the Freedom of Information and Protection of Privacy Act Consultation

BC FIPA has made submission to the Minister of Management Services, the Hon. Sandy Santori, regarding the ongoing process of reform of BC’s Freedom of Information and Protection of Privacy Act (“FIPPA” or “the Act”).

Our submission comments on the Freedom of Information and Protection of Privacy Amendment Act, 2002; our recommendations for additional amendments to the Act this fall; and, our suggestions for action on other issues affecting freedom of information and privacy that we hope will be on the agenda this fall.

Read the full submission (pdf).