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Russ Francis - Straight.com || March 31, 2006

Despite recent concerns over the auction sale of computer tapes containing citizens’ personal information, the B.C. Liberal government appears poised to relax the protection of personal records.

The issue is the USA PATRIOT Act, and the province’s response to it.

In 2004, the government was on the verge of contracting out our health administration records. It eventually announced a 10-year, $324-million contract with a subsidiary of U.S.–owned Maximus Inc. However, at the time there was widespread fear that the U.S. antiterrorism law would let American security forces gain access to our personal information if U.S. companies like Maximus were given contracts to administer British Columbian’s personal records.

That fall, the office of the information and privacy commissioner began a detailed study of the impacts of the USA PATRIOT Act and issued a 151-page report on October 29, 2004.

But the government couldn’t wait and on October 7 of that year introduced Bill 73. The legislation, which was given royal assent on October 21, made B.C. the first province to protect personal information from the laws of other jurisdictions. It restricts public bodies from storing, accessing, or disclosing personal information outside Canada.

“The changes in this bill will position B.C. as a leader in addressing privacy issues arising out of the USA PATRIOT Act, and they will make what is already regarded as the strongest privacy legislation in Canada even stronger,” then–government services minister Joyce Murray said in introducing the bill.

In an October 29, 2004, statement, Information and Privacy Commissioner David Loukidelis called the bill’s provisions “positive steps forward”, but he added that the law needed further strengthening. More amendments were required to clarify the conditions under which information can be disclosed outside Canada and to clarify the rules for sharing information, Loukidelis said in the statement.

Bill 73 amended the B.C. Freedom of Information and Protection of Privacy Act, but according to one privacy advocate, the government is now planning to relax some of the restrictions. Darrell Evans, executive director of the B.C. Freedom of Information Association, told the Georgia Straight that he has heard complaints from civil servants.

“Ministries are having great difficulties in working with the [Bill 73] amendments and have asked the government to rewrite the legislation to lower the standard,” Evans said. “The government has responded by declaring their intention to introduce amendments.”

Among the cries of the bureaucrats that Evans has heard are: “We can’t sign any contracts!”



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Hence the coming amendments, expected to be introduced during the current legislative session, which ends on May 18.

Graham Currie, the Labour and Citizens’ Services Ministry communications director, told the Straight on March 21 he was unable to comment on whether or not any legislation might be introduced.

Did the government really go too far in 2004?

Evans is one who doesn’t think so, noting that any weakening of the law could mean that B.C.’s privacy protection is no longer solid. “If you can’t enforce your own privacy laws, what the hell are you doing?” he asked.

Is the government quietly planning to proceed with the development of Site C, the controversial Peace River hydroelectric project?

Nobody is admitting it directly, but several indications suggest that something is in the works.

In a speech to the B.C. Chamber of Commerce’s February 23 energy summit, held in Victoria, Energy, Mines and Petroleum Resources Minister Richard Neufeld noted that last year, BC Hydro “was a net importer of 12 per cent of their electricity, or just under 7,000 gigawatt-hours”, according to notes for his speech.

As it turns out, Site C would go a long way to filling that electricity deficit. According to BC Hydro’s most recent “integrated electricity plan”, released on March 31, 2005, Site C would produce 4,570 gigawatt-hours annually of “firm energy”. That amounts to 65 percent of the import-export difference.

BC Hydro spokeswoman Elisha Moreno told the Straight that the project remains an “option” but that the Crown corporation is not working on it “at this point”.

The decision is up to the cabinet. And when the go-ahead comes, my bet is that the private sector will play a big role, building it as a public-private partnership (P3) with BC Hydro.

In fact, Partnerships BC, the Crown agency that promotes P3s, has already had preliminary discussions about Site C, according to its communications director, Mina Laudan. “We’ve had an introduction meeting with BC Hydro some months ago,” Laudan told the Straight on March 21.

According to a presentation made to BC Hydro’s provincial integrated electricity plan committee on February 22 and 23, 2005, if the cabinet does approve Site C, “cabinet will then decide whether the project should be developed by BC Hydro or the private sector.”

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