The time for information rights reform is here!

We are asking the BC Government to keep their promise.

Sign the petition for FIPPA reform today!

The BC Freedom of Information and Protection of Privacy Act (FIPPA) was meant to help create a culture of openness and transparency within the government.

Today, however, we frequently see public bodies failing to create records or destroying them in order to avoid the possibility of release. We are getting more calls and hearing more stories from concerned citizens who are not able to get the information they are looking for or who have found their privacy rights breached by a public body with little or no recourse.

Over the past year, we have tried to work with government on improving FIPPA. One year later, there has been no action and we do not have any sign that the government will move forward on legislative change.

What are the issues?

We’re calling for:

  • A legislated duty to document under FIPPA
  • Bringing public bodies’ subsidiaries under FIPPA
  • Implement Mandatory Privacy Breach Notification
  • Expand the oversight of the Office of the Privacy Commissioner in the areas of Privacy

What can you do?

Sign the petition for FIPPA reform today! Along with our partners at the BC Civil Liberties Association, we’re asking you to add your voice to our call for government to make the legislative changes they promised.

By signing the petition, you’ll be directly telling Premier John Horgan, Minister Jinny Sims, and Attorney General David Eby that information and privacy rights are important to you.

Whistleblower Accusations Highlight Need for Legislative Reform

Vancouver, May 17, 2019 – Question period in the BC Legislature this week has been occupied by the accusations of a whistleblower who claims that the Minister of Citizens’ Services, Jinny Sims, has been using her personal email address to conduct government business in order to circumvent Freedom of Information laws.

This is particularly troublesome as Minister Sims oversees the administration of those very laws and made a public apology only one year ago for a similar indiscretion.

During question period this week, Attorney General David Eby stated that the Office of the Information and Privacy (OIPC) Commissioner was the correct place to investigate accusations of this nature.

However, a statement today from the OIPC indicates that they are unable to investigate these claims.

“The Minister’s alleged failure to fulfill her duty to document is not a matter under my authority,” writes Commissioner Michael McEvoy of the OIPC. “This is a significant shortcoming of the Freedom of Information and Protection of Privacy Act (FIPPA).”

Legislative changes that recently came into effect, which Minister Sims characterized as a duty to document, give Minister Sims—not the OIPC—the authority to ensure compliance.

“As it now stands, the Information Management Act designates the Minister herself as primarily responsible for ensuring her Ministry’s compliance with the duty to document decisions,” writes Commissioner McEvoy. “Citizens would find it very surprising that, on its face, the current law makes a Minister responsible for investigating her own conduct.”

The BC Freedom of Information and Privacy Association (FIPA) supports the Commissioner’s call for government to keep its promise of reforming FIPPA to include a duty to document that provides independent oversight so that citizens can be assured that government is accountable.

“John Horgan has promised FIPPA reform. He has promised that his government will do better,” says Sara Neuert, FIPA’s Executive Director. “The citizens of British Columbia need him to keep that promise. Including the duty to document in the FIPPA will build public trust by providing independent oversight.”

“The accusations of the whistleblower demonstrate that this isn’t happening fast enough and that we require timelines to ensure that John Horgan is keeping his promise. The time for action is now.” says Neuert.

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 (Part 2)

This episode continues our story on the history of BC’s Freedom of Information and Protection of Privacy Act by exploring what’s gone wrong since the Act was passed.

We begin in the year 1996, when a new NDP government under Premier Glen Clark is taking office in BC. You’ll hear about why former Premier Clark limited the budget for the administration of the Act and how court decisions weakened the Act’s original spirit and intent.

Then, we’ll take a look at some legislative amendments that could help realign the Act with its original spirit and intent. This episode features more interviews with all of the experts featured in the first episode, including FIPA co-founders, former and current BC Information and Privacy Commissioners, and many more.

A step towards accountability

Media Release

A small step towards open and transparent government

Vancouver, February 5, 2019 – The B.C. Freedom of Information and Privacy Association is pleased with the recommendations made by the province’s top watchdogs to bring the Legislative Assembly of B.C. under the Freedom of Information and Protection of Privacy Act (FIPPA).

Signed by Information and Privacy Commissioner Michael McEvoy, Merit Commissioner Fiona Spencer, and Ombudsperson Jay Chalke, the recommendations called for the Legislature to “meet the same standards” that 2,900 other provincial public bodies are subject to. 

While opening the Legislature to freedom of information rules is a welcome sight, the move is ultimately just one of the steps to a full reform that FIPA has been calling for in the past two decades. “This is just one little piece of the puzzle and there’s a whole lot of reform that we’re trying to get,” says Executive Director Sara Neuert. “We continue to be in reactionary mode and we need to move a step further and be proactive.”

These recommendations will only act to prevent the exact same scandal from repeating itself, more effective change would address a broader scale of freedom of information reform.

The Special Committee to Review the Freedom of Information and Protection of Privacy Act (FIPPA) drafted in May of 2016 has made calls for a comprehensive reform, which would include the enactment of a Duty to Document, penalties for interference, and addressing the exceptions and loopholes that can be routinely exploited during any FOI proceedings.

These comprehensive reforms are the only measures that will provide government transparency and establish a system of accountability that will prevent future government scandals from occurring.

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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