All governments become secretive

By Dan Hilborn
Published Sept. 11, 2004


A Private Matter
Barry Jones: Freedom of information and the protection of privacy

The man who drafted the province's Freedom of Information and Protection of Privacy Act has joined the growing numbers who are expressing concern about the U.S.A. Patriot Act and its possible impact on the privacy of British Columbians.

Barry Jones, the former Burnaby North NDP MLA who wrote the act before it was passed by the legislature in the early 1990s, said the province may still have the strongest privacy protection in North America, but that protection is only as good as the government allows it to be.

And Jones believes the B.C. Liberals' track record gives ample reason to fear that our most personal information of all - public health and income records - could soon be made available to the U.S. government.

"I have concerns about these things being privatized in the first place," said Jones. "I have concern particularly when they're going to be taken over by foreign companies. That really opens up the operation to all kinds of fears about lack of protection of people's privacy."

Jones noted that the two agencies being contemplated for the Maximus contract - the Medical Services Plan and PharmaCare - have access to the most personal and private information about British Columbians, including medical and drug records, plus income records for seniors and others who apply for or receive drug subsidies under the Fair PharmaCare program.

"I want it (MSP and PharmaCare records) strictly handled by Canadians, and in particular, Canadian public servants who take an oath of office," Jones said.

And the former MLA said he has good reasons to be suspicious. In a digital world, where information can move freely and silently between computers, Jones said it only makes sense that American corporations will be able to find ways to avoid Canadian non- disclosure laws.

"I think those fears are very legitimate," he said.

Jones believes the B.C. Liberals do not have a commitment to open government, and are instead focusing on reducing the financial cost of the public service.

And he decried the B.C. Liberals' budget cuts to the Freedom of Information and Protection of Privacy Office.

"We made it very pro-public in the sense that you had to provide timely answers to the citizen's questions," Jones said. "But that requires proper funding, and the funding has been cut back. You can't really expect the legislation to do 100 per cent of its job if it isn't properly staffed."

Jones also expressed concern about the government's decision to alert cabinet ministers when potentially embarrassing Freedom of Information applications are made by either the public or the media.

"The legislation as drafted is an excellent piece of work, but it takes a commitment to a spirit of openness, which is difficult for any government to maintain. We (the NDP) did it for the first few years, but as time went on, even the Harcourt and Clark governments became more secretive and found ways around the act by not taking notes and that kind of thing.

"But I see this government very dangerous in terms of being driven by a right-wing ideology," he said. "I see this government, in its first term, doing everything possible to sell off everything it can. The crown jewels of this province are the public enterprises which were paid for by the citizens of this province, and they should remain so.

"I greatly fear if they do this in the first term, what would they do in the second term?"