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BC: FOIPPA Needs Stiffer Penalties

Author: Jordan Bateman 2015/12/08

The following is a letter we sent to the panel reviewing B.C. Freedom of Information laws.

Special Committee to Review the Freedom of Information and Protection of Privacy Act
Room 224, Parliament Buildings
Victoria, BC, V8V 1X4 

December 7, 2015

To whom it may concern:

On behalf of the Canadian Taxpayers Federation (CTF), a non-profit, non-partisan advocacy organization working to improve government accountability, thank you for the opportunity to comment on the Freedom of Information and Protection of Privacy Act (FOIPPA).

We wholeheartedly endorse and support the recommendations of the Office of the Information and Privacy Commissioner (as outlined in the OIPC’s submission here https://www.oipc.bc.ca/special-reports/1884) and the B.C. Freedom of Information and Privacy Association (as outlined here https://fipa.bc.ca/wordpress/wp-content/uploads/2015/10/FIPA-sub-to-FIPPA-rvw-committee-Oct-2015-FINAL.pdf).

In November 2014, the CTF filed a FOIPPA request with TransLink, the Lower Mainland transit authority, asking for employee severance package information. TransLink did everything it could to avoid providing the information. It filed an extension and then asked for another one, which was rejected by the Commissioner. Undaunted, they simply ignored our legal right to the information and held it for seven months, admitting later that the completed report sat on the CEO’s desk for most of that time.

The OIPC found TransLink violated both Section 6 and Section 7 of the Act. However, there was no legal repercussion for TransLink for this blatant disregard of our right to information. They simply carry on – business as usual.

The CTF calls on this committee to recommend stiffer penalties, fines and/or prison time be added to the Act to ensure that government agencies follow the law and provide information in a timely fashion. Bureaucrats, politicians and spin doctors should not be allowed to simply ignore the law with no fear of any legal consequence.

Thank you for your consideration. 

Jordan Bateman
B.C. Director
Canadian Taxpayers Federation
[email protected]; 604-999-3319


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