Privacy watchdog slams new record-keeping legislation by the BC Liberals

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VICTORIA (NEWS 1130) – The BC Freedom of Information and Privacy Association is voicing its concern about the provincial government.
The group says it’s a “pathetic excuse for a response to massive pressure for action” after proposed legislation by the BC Liberals aiming to keep better records and improve transparency around decision-making.

The association’s Vincent Gogolek says this legislation is based on a proposal that was already rejected by a legislative committee made up mostly of Liberals. “And they actually have the colossal nerve to come out and say, ‘This is Canada’s first legislative duty to document.’ There isn’t any duty created by this law. It says the chief information officer may issue guidelines and directives.”

Gogolek points out a legal duty uses the words “must” or “shall,” and not “may.”

“If you’re looking at a dictionary — you don’t have to go to a law dictionary — a duty is created by saying ‘should’ or ‘must,’ not ‘may.’ This creates no duty on anybody.”

He adds the bill is based on a proposal that was rejected by a Legislative Committee mostly made up of Liberals but Finance Minister Mike de Jong calls it the best of its kind in Canada.

The legislation comes after the so-called triple-delete scandal where it was found public servants were permanently erasing important documents, and oral decisions were not being recorded.

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