Scandal at Legislative Assembly demonstrates need for Law Reform

Media Release

Scandal at Legislative Assembly demonstrates need for Law Reform

Vancouver, January 24, 2019 – The need for reforming British Columbia’s outdated Freedom of Information and Protection of Privacy Act (FIPPA) is evidenced by the recent scandal concerning misconduct and lack of oversight at B.C.’s Legislative Assembly.

Allegations made by house speaker Darryl Plecas reflect the ‘black holes’ that exist in the transparency of government bodies, such as the legislature and office of the parliamentarians.

“The Legislative Assembly is outside the jurisdiction of freedom of information requests,” says Sara Neuert, executive director of BC Freedom of Information and Privacy Association. “It’s a shortcoming of government transparency and accountability. We would have learned of this sooner had we been able to place legislature offices under scrutiny.”

Sweeping amendments to the FIPPA have been repeatedly put forward by FIPA over the past 15-years. Recommendations for change were also presented in the last Special Legislative Committee report published in May 2016 – echoing the calls for additions such as mandating a ‘duty to document’ and administering real repercussions to government officials who impede the FOI process. So far, the current government has made several commitments to advancing reform, though steps leading towards actual change have yet to arrive.

Bringing legislature offices under the dominion of FOI laws is not an impossibility and can be enacted rather swiftly. While doing so would be a welcome step towards modernizing the province’s FOI laws, it would ultimately be just a step. What the province truly needs – and has needed for years – are comprehensive reforms, only then can the government be held accountable by the taxpaying public. 

Contact:

Sara Neuert, Executive Director

BC Freedom of Information and Privacy Association

Email: fipa (at) fipa.bc.ca

Phone: 604-739-9788

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Best Practices in Whistleblower Legislation: An Analysis of Federal and Provincial Legislation Relevant to Disclosures of Wrongdoing in British Columbia

Best Practices in Whistleblower Legislation, prepared by Carroll Anne Boydell, instructor of criminology at Kwantlen Polytechnic University on behalf of the British Columbia Freedom of Information and Privacy Association, compares BC’s new whistleblower legislation, the Public Interest Disclosure Act (PIDA), to international best practices standards.

Best practice principles exist for laws, regulations, and procedures aimed at the protection of those who report wrongdoing. The purpose of this paper is to examine selected legislation containing whistleblower protections that are relevant to those who disclose wrongdoing in British Columbia to determine how well they follow best practice principles. Several best practice principles were reflected in the legislation reviewed, and the introduction of the new Public Interest Disclosure Act in British Columbia is a positive development in the protection of whistleblowers who are employees of the provincial government.

However, not all best practice principles are enshrined in the laws examined here. For example, there are still types of whistleblowers that do not have adequate protections, such as private sector workers and those in the public sector who are not employed by a provincial ministry, government body, or office. In addition, though types of protected disclosures have been expanded under the PIDA, there are still some disclosures of wrongdoing that may remain unprotected, such as interference with freedom of information requests. Some issues were also found related to transparency of decisions made about investigations into disclosures of wrongdoing and complaints of reprisal against whistleblowers, as well as about the accountability of government agencies in protecting whistleblowers. Therefore, some refinements and amendments to whistleblower laws and disclosure management procedures are needed to ensure that adequate protections are afforded to those who disclose wrongdoing in British Columbia.

Download the resource.

For more than twenty years, the B.C. Freedom of Information and Privacy Association has relied on the support of our community to provide resources, educational programming, and one-on-one advice. By making a contribution to the Association in exchange for this resource, you’re helping us provide another two decades of service to Canadians and supporting more publications like this in the future. There is no minimum donation amount. Every bit helps.

Click here to make a donation. We hope you consider supporting the Associations.

Let us know what you think: If you have comments, questions, or concerns about the report, please send them to FIPA at fipa@fipa.bc.ca or tweet to us @BCFIPA.

Statistics Canada Requesting Financial Information of Canadians

MEDIA RELEASE

November 5, 2018

Statistics Canada Requesting Financial Information of Canadians

VANCOUVER, November 5, 2018 – The recent media reports of Statistics Canada seeking to collect the financial information of Canadians in order to build a personal information bank—and the report that Statistics Canada has already received personal financial data from one of Canada’s two credit bureaus—exposes issues around how government agencies collect, store, and use the sensitive personal information of Canadians.

While the Freedom of Information and Privacy Association of BC supports Statistics Canada ability to provide a valuable service to Canadians, the government agency needs to find a balance between fulfilling its mandate and respecting the privacy of its stakeholders.

“It is untenable to give absolute trust and authority to a government agency in today’s technological landscape,” says Sara Neuert, FIPA’s executive director. “Given the regularity that personal information is breached, Statistics Canada has an ethical responsibility to inform Canadians about access to their sensitive financial information, and to seek their consent before doing so.”

As Statistics Canada only sees value in this data if it can be connected to the identity of a person, consent is needed to collect this information. In order to enshrine this privacy principle in law, the Privacy Act should be revised to include provisions that requires government agencies who seek to collect identifiable personal information from third-parties to first seek consent from those individuals.

In addition, the Statistics Acts needs to be updated to account for the digital transformation that has occurred since its inception. There are no longer the same kinds of physical limitations that once restrained the amount of sensitive information about Canadians that could be collected, stored, and used. Therefore, the Statistics Act should reflect this transformation.

Contact:

Sara Neuert, Executive Director

BC Freedom of Information and Privacy Association

Email: fipa (at) fipa.bc.ca

Phone: 604-739-9788

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NEWS RELEASE: Recommendations for Canada’s Digital Transformation

MEDIA RELEASE

October 4, 2018

Recommendations for Canada’s Digital Transformation

VANCOUVER, October 4, 2018 – The B.C. Freedom of Information and Privacy Association submitted a paper to the department of Innovation, Science, and Economic Development for their consultation on digital transformation.

The national digital and data consultation, including the roundtable discussions that took place across Canada from June to September of this year, were an important step to ensuring that government is taking all the varied and diverse stakeholders involved this process into account.

“We’re encouraged by government’s willingness to receive outside feedback and optimistic that Canada’s digital transformation will instigate much needed improvements to our privacy and data protections,” said FIPA executive director, Sara Neuert.

Our submission compared Canada’s existing privacy and data protection framework to international regulations like the European Union’s General Data Protection Regulation. Based on this analysis, we created a list of recommendations, which include:

  • Increased funding for education and awareness around risks related to digital transformation and privacy breaches
  • The creation of a proactive reporting culture around privacy in government
  • An accessible complaints process for individuals who are reporting privacy breaches
  • Increased funding and investigative and enforcement power for the Privacy Commissioner of Canada and the Office of Privacy
  • More research on the impact of privacy issues on marginalized groups in a digital transformation
  • Further study on the impact of public utilities being transferred to a digital platform
  • The creation of a new data protection and privacy framework that complies with digital transformation and sufficient time for interested groups to provide feedback prior to implementation.

The Innovation, Science, and Economic Development department will be issuing a report based on these consultations in the near future.

Contact:
Sara Neuert, Executive Director
BC Freedom of Information and Privacy Association
Email: Sara (at) fipa.bc.ca
Phone: 604-739-9788
Cell: 604-318-0031

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