Accessing personal information under the Freedom of Information and Protection of Privacy Act of British Columbia.
Files
Date
2009-04-28T18:26:14Z
Authors
Elliott, Carol
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Rapid advances in information technology have led to a considerable body of scholarly
research focused on the evolution of the “surveillance society.” This term is used by the author to
refer to governments’ increasing ability to monitor and control the actions of citizens as well as
their own operations. An associated area that is rarely examined in scholarly research is the
process by which citizens access their own personal information from public bodies and the
barriers that they encounter when attempting to do so. It is this area which will be the focus of
this thesis.
The thesis is based upon a descriptive study that involved a systematic investigation of how
the political and governmental context influences the process of accessing personal information
under the Freedom of Information and Protection of Privacy Act of British Columbia. The goal of
the research is to examine factors that encourage and limit individual citizens’ ability to access
their own personal information. The thesis explores issues and circumstances that lead applicants
to appeal decisions, factors that facilitate and impede access, and the impacts of the request
process on applicants. Recommendations for changes that may improve access as well as enhance
government transparency and accountability are proposed. I approach the research from the
perspective that open and accountable government is necessary in democratic society, and that,
through increased public awareness and avenues for input, changes can be made which improve
access to personal information and government accountability.
The research involved a content analysis of fifty-three orders by the Information and Privacy
Commissioner of British Columbia and his staff. The content analysis of these documents is
supplemented by statistical analysis and personal reflection. The thesis relies on concepts and
theory proposed by Max Weber and Anthony Giddens to provide a viable framework for
understanding both the structure and culture of government, particularly how the access to
information process reflects the control and flow of information within the bureaucracy.
The research confirms that barriers to access do exist and they are not in the places that one
might expect to find them. Recommendations concerning amendments to the legislation and
improvements to the processing of requests and the appeal process are suggested. However, the
most crucial change necessary is for the Office of the Information and Privacy Commissioner,
despite fiscal restraints, to engage in greater transparency concerning its own activities and for the
role of the Commissioner to focus more on public education and advocacy, such as support for
community programs that would offer free legal assistance and information concerning the
public’s rights under the Act, including guidance concerning how to make a request and pursue a
complaint or appeal.
Description
Keywords
surveillance, access, information, privacy