NDP celebrates Liberal’s ineffective ‘Duty to document’

Image of Jinny Sims courtesy of BC NDP and used under CC-by-2.0

Vancouver, April 1, 2019A statement released yesterday by the Ministry of Citizens’ Services, which claims that “new legislative changes improve transparency and accountability for British Columbians,” is a significant misrepresentation of an effective duty to document and is a distraction from the pressing reforms that are necessary for BC’s Freedom of Information and Protection of Privacy Act (FIPPA).

Creating a legislated duty to document within FIPPA has been called for by an all-party Special Legislative Committee that reviewed the Act in 2016, and by Information and Privacy Commissioners David Loukidelis and Elizabeth Denham.

These “new” legislative changes that NDP Minister Jinny Sims is promoting were actually initiated by the Liberal party in 2017. At that time, FIPA issued a press release that called the Liberal bill “a sad excuse for action on creating a duty to document government decisions” in the wake of the Triple Delete scandal that revealed an organized campaign to destroy government records.

In fact, the NDP put forward a private member’s bill at that time that proposed an actual duty to document in comparison to the Liberal’s ineffective bill.

In a statement issued by the Ministry of Finance in 2017, Liberal Minister Michael de Jong had claimed that their ineffective bill would “formalize this good practice in legislation while ensuring that British Columbia remains at the forefront of information management with strong oversight and consistent practice across government.”

Now, two years later, NDP Minister Jinny Sims is claiming that the same ineffective legislative change also “formalizes government’s obligation to document decisions and helps ensure records of decisions are available and accessible.”

The statements from the NDP and Liberal MLAs, made two years apart, are remarkably similar and entirely misleading. FIPA wants to see the creation of a meaningful duty to document—more in line with what the NDP was proposing two years ago—which would include:

  • The creation of mandatory documentation procedures. A discretionary duty to document is not sufficient.
  • Clear oversight from the Information and Privacy Commissioner.
  • The legislative change should be to the FIPPA, which affects over 2,900 public bodies, not the Information Management Act, which merely affects 41.

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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On the podcast: The History of FIPPA

On this episode of the show, we go back to a time before British Columbia had freedom of information or privacy laws—to the year 1990—and find out what it was like to request information from government.

Then, we find out how a small group of dedicated individuals were able to advocate, draft, and ultimately bring about B.C.’s Freedom of Information and Protection of Privacy Act, bringing this province one step closer to the ideal of open government.

We’ll hear about how the new legislation offered the promise of greater government transparency and accountability, and about what’s transpired in the nearly thirty years since the Act was passed.

Guests on this episode include: FIPA co-founder Darrell Evans, FIPA co-founder and former Information and Privacy Commissioner David Loukidelis, current Information and Privacy Commissioner Michael McEvoy, former Attorney General Colin Gableman, former MLA Barry Jones, current MP Murray Rankin, and the Vancouver Sun’s legislative reporter Vaughn Palmer.

Update on Whistleblower Legislation

Last November, we published Carroll Anne Boydell’s analysis of BC’s new whistleblower legislation – the Public Interest Disclosure Act (PIDA) – and how it compares to international best practice standards. The study, which is currently available to download from our website, examines different legislations containing protections for whistleblowers who disclose wrongdoing in the province and determines how well they follow best practice principles.

Click here for a free download of the document.

Introducing: Data Subjects, a new podcast from FIPA

Data Subjects is a new podcast dedicated to issues surrounding privacy and freedom of information rights in Canada.

The show marks FIPA’s first foray into the world of podcasts. Episodes will tackle a wide variety of topics, from the history of FOI in Canada, to the pitfalls of our modern privacy rights, and many more. Each episode will feature interviews with some of Canada’s most renowned figures from both the privacy and FOI landscapes, as well as stories from within FIPA.

Data Subjects will launch this spring and will be available on your favourite podcast provider like Apple Podcasts, Stitcher, Spotify, and on our website.