BC Freedom of Information and Privacy Association
Your Data Your Rights
FIPA’s intervention re VPD’s refusal to disclose records relating to their use of IMSI-catchers
On March 23, 2016, FIPA filed an intervention in response to BC Information and Privacy Commissioner’s inquiry into the Vancouver Police Department’s refusal to disclose records relating to their use of IMSI-catchers (“Stingrays”), in response to an FOI request from Pivot Legal Society. You can read the submission in full here.
We argued that:
“…the Applicant [Pivot] is entitled to the records requested for the following reasons:
- The Applicant is entitled to the information because the records are in the custody
or control of the VPD and no exception to release applies.
- VPD failed to consider severing information from responsive records, as required
under s.4(2) of the Act.
- There is no justification for the VPD to refuse to confirm or deny the existence of
records under s.8(2).
- VPD has not shown how harm would be likely to be caused to the effectiveness of
investigative techniques and procedures currently or likely to be used in law
enforcement under s.15(1)(c) and,
- The release of this information is in the public interest, and therefore should be
released under s. 25 of the Act.”
Other appeals/interventions on this matter:
On March 23, 2016, FIPA filed an intervention in response to BC Information and Privacy Commissioner’s inquiry into the Vancouver Police Department’s refusal to disclose records relating to their use of IMSI-catchers (“Stingrays”), in response to an FOI request from Pivot Legal Society. You can read the submission in full here.
We argued that:
“…the Applicant [Pivot] is entitled to the records requested for the following reasons:
- The Applicant is entitled to the information because the records are in the custody
or control of the VPD and no exception to release applies. - VPD failed to consider severing information from responsive records, as required
under s.4(2) of the Act. - There is no justification for the VPD to refuse to confirm or deny the existence of
records under s.8(2). - VPD has not shown how harm would be likely to be caused to the effectiveness of
investigative techniques and procedures currently or likely to be used in law
enforcement under s.15(1)(c) and, - The release of this information is in the public interest, and therefore should be
released under s. 25 of the Act.”
Other appeals/interventions on this matter: