The Canadian Association of Journalists (CAJ) has added its voice to the chorus opposing the BC NDP government’s proposed changes to the Freedom of Information and Protection of Privacy Act (FIPPA).
The national group finds the suggestion of a $25 search freedom of information request fee – up from nothing – ‘outrageous.’
“Bill 22 takes the ‘free’ out of freedom of information,” CAJ president Brent Jolly said. “In one fell swoop, we have gone from the 21st century back to the Stone Age with this bill. It is a thumb in the eye of transparency efforts to ensure governments are transparent in their day-to-day operations.”
The CAJ called on Victoria to “reverse course and abandon its outrageous plan to impose a $25 tariff on requests for information.”
Minister of Citizens Services Lisa Beare said the changes include:
• updating FIPPA’s data-residency provisions allowing British Columbians’ data to be stored outside of Canada;
• enhancing public-sector privacy protections and increasing accountability by implementing mandatory privacy-breach reporting;
• introducing an application fee (possibly $25) for non-personal freedom of information (FOI) requests, and;
• demonstrating the province’s commitment to diversity, inclusion, reconciliation and equity by increasing information sharing with Indigenous peoples, adding Indigenous cultural protections and removing non-inclusive language.
The data residency requirement and the fee have drawn significant criticism from politicians, transparency advocates, journalists and others.
Critics have noted storing privacy data outside Canada could make it subject to laws of the country where it is stored, putting it at risk of potential seizure by those countries.
Supporters say the modern world involves data being stored in multiple locations globally and that the province is moving with the times.
Further, the CAJ said, the bill creates loopholes allowing government to avoid fulfilling requests.
The CAJ noted B.C.’s information and privacy commissioner, Michael McEvoy, has issued a critical analysis of the government’s bill. And, the CAJ said, it endorses a “scathing rebuke”of Bill 22 a recent letter from several B.C. journalism schools leaders.
Two days before he released that analysis, McEvoy said, “While I support some of the proposed changes, this is a lost opportunity for government to promote greater accountability and transparency, especially by the bill’s failure Statement to provide comprehensive oversight of record destruction and inattention to longstanding calls for reform of advice and recommendations exceptions.”
The CAJ said there are many ways to improve the legislation, from reducing wait times to ensuring strict adherence to the exemptions allowed under the act. “Charging members of the media a fee just to begin the process is not an improvement,” the CAJ said.
“Transparency means breaking down barriers, not erecting more walls,” Jolly said. “Whether it is about accessing information about COVID-19, police costs for the Fairy Creek blockades, and any points in between, this bill is anathema to democratic governance that blatantly disregards the public’s right to know. It should be thrown overboard.”
B.C.’s opposition Liberals have also attacked the bill, MLA Mike de Jong calling it “despicable.” He has continued to oppose the bill in the Legislature throughout this week.
The CAJ joins a growing group of people and organizations opposed to the bill.
Under the Freedom of Information a and Privacy Association umbrella, member groups wrote to Premier John Horgan and Beare expressing concerns about the proposed changes.
“You have made prior commitments regarding the value you place on transparency and about the need to improve government accountability, but this legislation would make it harder for everyone – concerned citizens, experienced researchers, and you – to get facts rather than spin,” the October 26 letter said.
“We recognize this majority government can readily pass this regressive Bill quickly. If that happens, it will impact the citizens of British Columbia now, haunt us into the future, and set a dangerous precedent across Canada,” the letter said.
Glacier Media is expecting a response from Beare’s ministry on how it will be handling criticisms of the bill.
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