Online Government Services and Data-Sharing Reform

Summary#

This bill changes British Columbia’s Freedom of Information and Protection of Privacy Act (FOIPPA). It adds new rules for sharing personal information to support online government services, expands proactive publication of records, and clarifies parts of the access-to-information process. It also creates a new exception for some communications from judges and updates the oversight powers and timelines of the Privacy Commissioner.

Key changes:

• Creates “connected services providers” that can run online platforms and share personal information between public bodies to deliver services and check eligibility.
• Requires public bodies to set categories of records for public release without an FOI request; allows the minister to set categories across ministries; allows fees for copies of these records.
• Clarifies that records a public body must produce, list, or identify as part of a legal proceeding are outside FOIPPA; this includes records described by a general class, not just individually named records.
• Tightens FOI request rules: requests must be detailed enough for staff to find records with reasonable effort and time; response deadlines can be extended if the applicant agrees.
• Lets a public body refuse to release information that would reveal the substance of a communication from a judicial officer to government about laws, policies, or programs.
• Expands the Privacy Commissioner’s ability to share information with counterparts in Canada (with limits), allows disclosure under information-sharing agreements, and sets a 90‑day target to complete inquiries unless extended with notice.
• Adds grounds to disregard an FOI request, including if the applicant’s behavior is abusive or malicious or if responding would unreasonably interfere with operations.
• Requires ministries and other public bodies to notify the Commissioner during development of certain “common or integrated” programs and to provide privacy impact assessments (PIAs) to the Commissioner on request.

What it means for you#

• FOI applicants (members of the public, journalists, advocates)

  • Your request must give enough detail for an experienced employee to find the records with reasonable effort in a reasonable time.
  • A public body may ask for your consent to extend the response time; if you agree, the timeline is extended by that amount.
  • Some records tied to legal proceedings (like documents a body must produce or list in a case) are not covered by FOIPPA, including records described by a general category.
  • Communications from judges to government about policies or laws can be withheld.
  • Public bodies may publish more records proactively. You might not need to file requests for some materials. There can be a fee if you ask for a copy of a proactively available record.
  • Requests may be disregarded if your behavior is abusive or malicious, or if the request would unreasonably interfere with operations.

• People using B.C. government services online

  • Government may offer more “one-stop” online services run by a designated connected services provider.
  • Your personal information can be shared between public bodies and the connected services provider to deliver services and to identify programs you may qualify for.
  • The minister can set rules for what data is shared, its format, and security. The Privacy Commissioner must be notified of designations and can review related PIAs on request.

• Public bodies (ministries, local governments, schools, health authorities, universities, Crown agencies)

  • You must set categories of records for release without FOI requests and may set categories of personal information that can be provided directly to individuals without a request.
  • You may charge a fee for providing copies of proactively available records.
  • You may disclose personal information to a connected services provider or other public bodies to enable services delivered through an online platform designated under the Act, and receive direction from the minister on what and how to share.
  • You must notify the Privacy Commissioner during development of certain shared (“common or integrated”) programs and provide PIAs on request.
  • You have clearer grounds to disregard certain FOI requests and clearer expectations on request detail.

• Privacy and oversight (Office of the Information and Privacy Commissioner)

  • You may share information with counterparts in other Canadian jurisdictions and enter information‑sharing agreements, but not about records that are the subject of an active request or that you obtained in an active review.
  • You must aim to complete inquiries within 90 days, unless you set a later date and notify the parties.

• Timing notes (based on transition provisions)

  • The clarification about records tied to legal proceedings applies to requests received before, on, or after the start date.
  • The new detail requirement for FOI requests and related timing changes do not apply to requests received before the start date.
  • The new judicial communications exception does not apply to requests received before the start date.
  • The updated grounds to disregard requests apply to requests received before, on, or after the start date.

Expenses#

No publicly available information.

Possible impacts:

• Costs to design, build, and operate connected service platforms and related data-sharing systems.
• New administrative work to set and maintain proactive publication categories and manage related fees.
• Compliance costs for preparing and sharing privacy impact assessments and following ministerial directions on data sharing.
• Potential workload changes for the Privacy Commissioner to meet the 90‑day inquiry timeline and manage new information‑sharing powers.
• Potential savings if proactive publication reduces some FOI processing.

Proponents' View#

• The bill appears intended to improve access to government services by allowing a connected services provider to run integrated online platforms and use existing data to identify eligibility.
• It could increase transparency and reduce FOI backlogs by requiring proactive publication of common records, so fewer requests are needed.
• Clarifying that some litigation‑related records fall outside FOIPPA may reduce disputes and duplication with court processes.
• Setting clearer request‑detail standards and allowing agreed extensions may make FOI processing more efficient and predictable.
• Requiring early notice to the Privacy Commissioner and PIA sharing for shared programs could strengthen privacy oversight during system design.
• A 90‑day target for Commissioner inquiries could lead to faster resolution of disputes.

Opponents' View#

• Allowing broad personal information sharing under ministerial directions to support connected services may raise privacy concerns, especially if the scope of data types and “source of truth” choices are not clear to the public.
• The new exception for judicial communications about policy or laws reduces what can be obtained through FOI and may limit transparency about judicial input into government policy.
• Expanded grounds to disregard requests (including “abusive or malicious” behavior and “unreasonable interference”) could, if applied too broadly, screen out difficult but legitimate requests.
• Allowing fees for copies of proactively available records may create a barrier to access for some users.
• The law does not clearly set limits on which public bodies will be designated as connected services providers, what specific services will be included, or the detailed privacy and security standards to be applied; these details depend on future ministerial directions.
• Although there is a 90‑day inquiry target, the Commissioner can set a later date, so timelines for resolving disputes may still be lengthy in complex cases.