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BC fighting to keep secret its reason for keeping secrets

The British Columbia government has refused to release records related to a decision not to publish the responses to some freedom of information requests on its open information website.

The Tyee reported in November, 2011, that provincial government officials had decided based on a risk assessment not to post requests that included calendars for any government employee or official, even if they covered dates that had already passed.

But when The Tyee filed a freedom of information request for any such risk assessments, a manager in the labour, citizens' services and open government ministry responded: "Please be advised the records you requested are withheld in their entirety pursuant to sections 12 (Cabinet and local public body confidences), 13 (Policy advice or recommendations), 15 (Disclosure harmful to law enforcement) and 22 (Disclosure harmful to personal privacy) of FOIPPA."

A ministry official said section 12 of the act was the main reason the records were withheld.

While that section allows the government to withhold records that reveal the substance of cabinet's deliberations, it also says it can't be used as a reason to keep records secret if they were used to make a decision that has either been cited publicly or already implemented.

The Tyee has asked Information and Privacy Commissioner Elizabeth Denham's office to review the government's handling of the request.

B.C. Premier Christy Clark launched the open information website last summer saying it was part of her commitment to openness and transparency.

Andrew MacLeod is The Tyee’s Legislative Bureau Chief in Victoria. Find him on Twitter or reach him here.


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