New for 2023 FIPA has expanded the research from its interprovincial legislative comparisons across Canada. Given broad direction to explore and create a first release Jerika Caduhada and Gage Smith worked to develop:
This document responds to the growing public interest in the protection of privacy rights and a simultaneous growing public demand for government transparency, following years of oppositional partisan dynamics relating to information-sharing. This document seeks to act as a user-friendly resource by reviewing information and privacy protection legislation across Canadian jurisdictions. It analyzes such legislation for leading features, where “leading” indicates being most facilitative of the spirit of the law and the principles of transparency and privacy, with minimal barriers or exceptions.
Recognition of these leading features is not intended to mark the utmost standard for such legislation—for every legislation, even those leading, is not without its gaps—but rather highlight promising pathways forward.
This analysis is conducted through the application of rubrics which set forth standards for strong legislation in the areas of freedom of information, protection of privacy, and oversight and enforcement based on inter-jurisdictional patterns within the Canadian context and noteworthy deviations from such patterns. While much can be learned from similar international comparisons, this document focuses on the Canadian context to align itself with the focuses of legislative change and interpretation as well as the work of both administrators and Commissioners in Canada. It is important to note that this work focuses solely on Canadian jurisdictions and, thus, while jurisdictions internationally certainly have relevant leading legislative features of their own, they are beyond the scope of this research.
The resulting findings are intended to be kept updated and re-evaluated by FIPA analysts every year. FIPA intends to add to this work in the future through an accompanying “Trailing Language” document which will highlight key shortcomings of existing freedom of information and privacy protection legislation at the Canadian provincial and territorial level.
Interested in being part of activities like this?
There are lots of ways to work with us or act as an Academic Advisor. We are always open to making our research results better so be sure to provide any feedback and constructive criticism regarding this publication and its methodology to FIPA at fipa.bc.ca .
