Commissioner calls on B.C. government to be more open with public

Testy

B.C.’s embattled Liberal government “can and should do a better job” of providing the public with information about its daily business, says a critical report released today by the Information and Privacy Commissioner.Photograph by: Jenelle Schneider, PNG, Vancouver Sun





B.C.’s embattled Liberal government “can and should do a better job” of providing the public with information about its daily business, says a critical report released today by the Information and Privacy Commissioner.
Elizabeth Denham’s report, released Monday morning, comes just days after the Liberals became embroiled in the so-called ethnic vote scandal, in which government insiders used private emails to discuss controversial policy issues. The move appears to have been done to avoid scrutiny, as private emails would not be captured by Freedom of Information requests filed by the public.
Denham found the government is complying with the province’s Freedom of Information and Protection of Privacy Act (FIPPA), but is doing so too narrowly — making it very difficult for the public to gather information.
“I have identified instances where government could respond in a more open, accurate and complete manner,” wrote Denham, who made six recommendations for change.
Denham began to investigate this issue following complaints that the media and other watchdogs were receiving an increasing number of replies that there were “no responses” to FOI queries.
“In the past four years, the number of “no responsive records” replies has increased from 13% in 2008/09 to 25% in 2011/12,” Denham wrote.
One of the biggest contributing factors to this jump, she wrote, was “the dramatic increase” of no-responses coming out of the premier’s office, jumping from 30 per cent to 45 per cent in the most recent fiscal year.
The highest profile example of this was last year’s resignation of chief of staff to the premier, Ken Boessenkool, following an incident involving a female staffer at a bar in Victoria.
When The Vancouver Sun filed an information request for all materials on the handling of the case, it was advised the lengthy investigation had been conducted without generating any paper or electronic documents.
Denham wrote there is no rule in the FIPPA that prohibits government from doing its business in an oral, records-free way. But she thinks there should be, so that its taxpayer-funded business is more transparent.
“Without a duty to document, government can effectively avoid disclosure and public scrutiny as to the basis and reasons for its actions. The lack of documentation undermines the ability of citizens, journalists and the public to understand the basis for government’s actions on any particular matter,” she wrote.
Denham's report does not mention the private email sent by Clark's former deputy chief of staff, Kim Haakstad, but in a news release today confirmed her office is collecting information "with an eye to whether the email and its contents raise compliance issues with B.C.'s access
and privacy law."
Denham said she will decide "in the coming days" whether further action by her office is required.
Denham also said government should do a better job of helping the public to find the information they are looking for.
For example, it should provide better guidance to applicants by advising which ministry may contain the information they are seeking. And if the information does not exist, it should better explain why, she wrote.
The six recommendations in Denham’s report:
• The government’s Information Access Operations (IAO) office communicate to an applicant when it is aware that the records the applicant is seeking exist within a different ministry than from where the applicant has originally requested the records.
• The IAO should be reasonably confident that before narrowing a request, the result will not deprive applicants of records they would otherwise receive, unless IAO informs the applicant that this may be the case.
• The IAO ensure that it interprets requests (including those for government calendars) broadly enough to assist the applicant in obtaining the records he or she is seeking.
• Where government does not have records responsive to an access request, IAO provide an explanation to the applicant as to why this is the case.
• The government create a legislative duty within FIPPA to document key decisions as a clear indication that it does not endorse “oral government” and that it is committed to be accountable to citizens by creating an accurate record of its actions.
• The IAO develop a classification system that more accurately reflects where an individual who has made the same request to multiple ministries ultimately receives the records they were seeking, irrespective
“I believe my recommendations can help reverse the increasing trend of general access requests leading to no responsive records,” she wrote.
“It is important that ... those who make requests for government records have faith that they are being treated fairly.”

By LORI CULBERT, VANCOUVER SUNMarch 4, 2013 12:05 PM