Fallen Behind: Canada’s Access to Information Act in the World Context (2nd Edition)

Stanley Tromp has updated his 2008 book, Fallen Behind: Canada’s Access to Information Act in the World Context.

From Stanley Tromp:

The first edition of this book in 2008 detailed how Canada’s Access to Information Act had fallen behind the rest of the world’s FOI laws. Since then, the problem has only grown far worse (enough so that the revised book could well be entitled Fallen Further Behind). 

Cover Page
Fallen Behind cover page

In the authoritative Global Right to Information Rating system of the world’s 128 national laws, Afghanistan ranks number 1, while Canada – which ironically has so worked hard to transform that nation into a modern democracy – ranks 58. Mexico ranks second, followed by (in order) Serbia, Sri Lanka, Slovenia, Albania, India, Croatia, and Liberia.  

In his preface to the new edition, Halifax human rights lawyer Toby Mendel writes, “As someone who travels around the world promoting the right to information, it is frankly a source of profound embarrassment to me how poorly Canada does on this human right.”

Bill C-58 (which is now law) grants the Information Commissioner a barely adequate power to order the government to release records, and this is merely a baby step forward. When will the ATI Act ever be raised to accepted global standards? Canadians should insist upon answers.

Find the update book here.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Joint letter on data collection and privacy in the COVID-19 era.

BC FIPA, along with other civil society groups, has signed on to Open Media’s joint letter calling for measures to be put in place to ensure Canadians’ right to privacy is protected, and not undermined after the crisis is over.

Specifically, we are asking for a clear message from the provincial and federal governments stating that they will not turn to digital tracking and location data collection to address COVID-19 concerns.

With that in mind, we are looking to pre-empt potential bad policies by putting forward seven key principles that should be in place to preserve our privacy and our democracy:

  1. Prioritize approaches to help people stay at home which do not involve surveillance.
  2. Due process for adopting any new powers.
  3. Consent must be favoured.
  4. Put strict limits on data collection and retention.
  5. Put strict limits on use and disclosure.
  6. There must be oversight, transparency and accountability.
  7. Any surveillance efforts related to COVID-19 must not fall under the domain of security, law enforcement or intelligence agencies.

More information on these principles can be found here.

Data Privacy Design Jam: What is meaningful consent in an age of connected devices?

BC FIPA, in partnership with the Vancouver Design Nerds, held a two-day design jam in Ottawa March 5th and 6th. The purpose of this event was to explore issues around meaningful consent in the context of everyday life ranging from personal wearable technologies to smart homes and smart cities and their relationship to big data. With these different scales in mind, we sought to create new models of generating meaningful consent to mitigate the negative impact these technologies have on privacy. The two-day event brought together a diverse group of experts from academia and industry to advocates and activists working in this space to find creative solutions through a collaborative and inter-disciplinary approach.

Data Privacy Design Jam report title page

The final ‘prototypes’ that emerged after the second day varied in terms of how they approached meaningful consent, but an underlying theme that intersected all four groups was a focus on empowering individuals to take control over their personal information through various methods .

It is important to note that this project in itself is not the final stage in our work on meaningful consent and connected societies. Rather, this project has become a ‘jumping-off point’ that will launch future research and events to further address these issues. More specifically, we have begun to explore the feasibility of hosting another design jam with everyday consumers from various backgrounds rather than expert participants. The process we used could be adapted for either a representative sample of the general public or a predefined select target audience. By providing a similar initial problem and thought processes, the results would provide useful insights to how the public views issues of consent in a modern context.

Download the full report here.

BC FIPA would like to thank the Office of the Privacy Commissioner of Canada for the opportunity to explore this important issue through the Contributions Program.

NEWS RELEASE: Ministerial Order an exception to the rule

MEDIA RELEASE
March 30, 2020

Ministry of Citizens’ Services relaxes restrictions on the use of third-party tools and applications to disclose personal information inside or outside of Canada

VANCOUVER, March 30, 2020 – In the time of a global emergency, the protection of privacy and access to information rights needs to be kept at the forefront of policy discussions rather than used as a trade-off for convenience.Ministerial Order (no. M085) from the Minister of Citizens’ Services has called for a relaxation of the Freedom of Information and Protection of Privacy Act (FIPPA)’s data residency provisions in the context of the COVID-19 pandemic.

In addition to allowing the various provincial health authorities to disclose personal information inside or outside of Canada in response to COVID-19, the Order has given public bodies approval to use third-party tools and applications to disclose personal information inside or outside of Canada so long as they are being used “to support and maintain the operation of programs or activities of public [bodies]” and “to support public health recommendations or requirements” such as social distancing, working from home, etc. The order has an end date of June 30th, 2020.

We are firmly committed to the requirements for local data storage contained within the Act, even in extraordinary times. BC FIPA acknowledges that we are facing unprecedented challenges arising from the need to respond swiftly and responsibly to the COVID-19 pandemic, but this cannot be done at the expense of data residency and broader privacy rights. The all-party special committee who reviewed the Act in 2016 recommended that the personal information of British Columbians be protected in accordance with Canadian law – storing or accessing said data outside of Canada could subject it to a lower standard of privacy protection.  

BC FIPA is continuing to monitor for instances where the privacy of BC citizens is being sacrificed during the COVID-19 pandemic. “We hoped the government had exercised due diligence and put appropriate and necessary overrides in place that were triggered with the declaration of an emergency. It appears they felt those measures were insufficient and they took further action” says Jason Woywada, BC FIPA’s executive director. “There needs to be consideration for the long-term impacts of personal information being disclosed to third parties that cross borders and the impact that creates. Privacy and data residency has been under attack for years by those who wish to profit from its erosion. Maintaining privacy and data residency requirements is a positive sum proposition and should always be considered.”

BC FIPA continues to call for a comprehensive overhaul of FIPPA that is informed by a deep and sincere commitment to updating and expanding the information and privacy rights of British Columbians.  

Contact: 
Jason Woywada, Executive Director 
BC Freedom of Information and Privacy Association 

– 30 –

Related Links: 

Order of the Minister of Citizens’ Services: Freedom of Information and Protection of Privacy Act: Ministerial Order No.M085 – March 17 
https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/services-policies-for-government/information-management-technology/information-privacy/resources/ministerial_order_085_respecting_disclosures_during_covid-19_emergency__march_2020_pdf.

Declaration of a state of emergency – March 18 
https://news.gov.bc.ca/releases/2020PSSG0017-000511

Decision of the OIPC Commissioner Michael McEvoy – March 18 
https://www.oipc.bc.ca/news-releases/2399

Report of the Special Committee to Review the Freedom of Information and Protection of Privacy Act 2016 
https://www.leg.bc.ca/content/CommitteeDocuments/40th-parliament/5th-session/foi/Report/SCFIPPA_Report_2016-05-11.pdf