7BCFerries British Columbia Ferry Services Inc. (“BC Ferries”) Response to Office of Information & Privacy Commissioner for British Columbia’s Investigation into Proactive Disclosure by Public Bodies March 11, 2011 The Office of the Information and Privacy Commissioner is conducting an investigation into the practice of proactive disclosure of information by public bodies. This Office generally promotes proactive disclosure because it enhances openness and transparency in the public sector and is an efficient and cost-effective means to provide individuals with access to information. However, concerns have arisen about how the practice of proactive disclosure is being conducted by some public bodies in British Columbia. As a result of this investigation, we wish to, among other things, make recommendations to public bodies on best practices for proactive disclosure. Proactive disclosure of information is where public bodies make their records publicly available without waiting for requests from individuals. An example of proactive disclosure is the publication of salaries of senior executive on agency websites. The investigation will include consideration of the practice of proactive disclosure of information and records in a general sense, with the exception of open data initiatives. We wish to identify the hallmarks of a model proactive disclosure policy as to how, when and what information is disclosed. We will also consider the specific practice of the proactive disclosure of responses to access requests and, in particular, the following matters: © Whether public bodies should proactively disclose responses to access requests © Whether there are time sensitivities that need to be taken into account in the proactive disclosure of responses to access requests © Whether public bodies should notify others when responses to access requests are made available to the public «Whether there are time sensitivities in the length of time responses to access requests are posted on a website Byitsh Columbia Ferry Services In n03417BCFerries * Whether names of applicants and/or the identity of applicant type should also be proactively disclosed * Whether public bodies should charge fees in the usual way Interested parties are invited to comment on the above matters by responding to the following consultation questions. ish Columbia Fery Services ne rosa7BCFerries BC Ferries’ Responses to Consultation Questions Proactive Disclosure Note: Proactive disclosure is defined in the second paragraph of this form’s explanation as being "where public bodies make their records publicly available without waiting for requests from individuals.” While this is consistent with the language of section 71 of the Freedom of Information and Protection of Privacy Act ( FOIPP Act), we take these questions to apply not only to documents prescribed by a head of a public body under that section. | elements of a robust proactive disclosure 2. What, in your view, are the essenti practice? + Timeliness of the documents * Transparency, accountability and openness * Ease of access to, or availability of, the information, including providing internet- based access whenever reasonably possible + Proactive, as opposed to reactive, disclosure ‘+ Improved efficiencies for public bodies (by avoiding repeated requests for the same information) «Cost effectiveness for public bodies 2. Are there any particular types of data that should be proactively disclosed? The unique nature and operating environment of each individual public body suggests that a principles-based, as opposed to a prescriptive or “one size fits all” approach, should be used to determine the types of data a particular public body should proactively disclose. That being said, BC Ferries believes that information provided in respect of FOI access requests, including the records released in response to such requests, should be proactively disclosed by public bodies so that once released, the information is immediately available to the public as a whole. BC Ferries also believes that the principles of openness and transparency are enhanced by disclosing information of benefit to our customers, investors, stakeholders and members of the general public. This is why BC Ferries has already implemented a system which contains many elements of proactive disclosure, as evidenced by the extensive information posted on its website (htto://mww,beferries.com/), including: ‘+ General safety information for passengers; + Resources and publications; + Business plans; Bit sh Columbia Fry Services Ine. rosa+ Investor relations information, including debt information, financial reporting (annual reports and quarterly reports); * Frequently asked questions; + News releases; and * Public consultation program information. Additionally, BC Ferries’ website includes links to BC Ferries information posted by: * SEDAR (the System for Electronic Document Analysis and Retrieval) ,used for electronically filing most securities related information with the Canadian securities regulatory authorities (http://www.sedar.com/); ‘+ The British Columbia Ferry Commission (htto://www.beferrycommission.com/); and * The British Columbia Ferry Authority (http://www bcferryauthority.com/). 3. Are there any particular types of data that should not be proactively disclosed? Although BC Ferries favours a broad policy of proactive disclosure, there are instances in which information should be kept confidential, at least for a limited period of time. This would include commercially-sensitive information, information regarding sensitive discussions and, of course, all information which could be excepted from disclosure in response to an FOI access request. 4, What, in your view, are the thorny issues that must be addressed in the practice of proactive disclosure? The principal consideration must be whether the proactive disclosure practice is in compliance with the law, including the FOIPP Act, as well as the commercial and other interests of the public body. Proactive disclosure (outside the context of access requests) requires that a balance be struck between the public's interest in ready access to information concerning the activities of public bodies, and the public’s interest that such public bodies - particularly those engaged in commercial activities ~ are not unduly hampered as they compete in the market place with organizations that do not have the same disclosure responsibilities. 5. What are the time sensitivities involved in the proactive disclosure of data? ‘There are no time sensitivities involved with the proactive disclosure of data. The data belongs to the public body. As long as disclosure is compliant with the law, including the FOIPP Act, the public body is able to release the data whenever it considers appropriate. That being said, one of the elements of a robust proactive disclosure practice is the timeliness of the documents, as long as they can be made available without prejudice to the commercial or other interests of the public body. 4. Brtsh Columbia Fory Series ine. sos6. Are you aware of proactive disclosure practices of public bodies in BC or in other jurisdictions that are good models for us to consider? BC Ferries believes that its proactive disclosure practice is a good model for the ‘Commission to consider. BC Ferries embraces the objectives of transparent and open access to information. Our website contains extensive information that we proactively disclose for the benefit of our customers, investors, stakeholders and members of the general public. Our practice of proactive disclosure pre-dates our designation as a public body under the FOIPP Act. Our approach to disclosing on our website the FOI access requests we receive and our responses to them is a natural extension of our approach to making publicly-available records accessible in a timely manner to all those who may have an interest in them. Our belief is that it is in everyone's best interest that records released in response to access requests be widely accessible so that individuals can draw their own conclusions about the information instead of relying on the interpretation of the media or others. BC Ferries has spent considerable efforts ensuring that its proactive disclosure practices comply with the law, including the FOIPP Act. The FOIPP Act was enacted before the widespread adoption of the internet. There have been significant advances in technology in recent years, and our model for proactive disclosure incorporates those innovations. We publish our documents on our website in formats that can be retrieved and downloaded by commonty-used web search applications. Our on-line posting of FO. access requests, for example, enables users to search our request tracker by keyword, phrase, date and information. Our website posting ensures rapid distribution of information to all those who may be interested. It also limits repeated requests for the same information, which is efficient for 8C Ferries as well as requesters. We post our information in such a way as to ensure compliance with all provisions of the FOIPP Act. In the interests of transparency, accountability and openness, we also let the public know the costs to us and the applicants of responding to the FOI request. ‘The use of the internet to disseminate public records is a concept that advocates of freedom of information, such as the Information and Privacy Commissioner, 8C’s Freedom of Information and Privacy Association and the special legislative committees to review the Freedom of Information and Protection of Privacy Act, to name but a few, have long promoted". It is advanced as a means of enhancing transparency, openness * in an article in the Vancouver Sun, September 27, 2010, Commissioner Denham stated, “I want to work collaboratively with government ... lo develop a robust policy of routine disclosure by which {documents} ... are posted online without the need for a request under the Act.” The BC Freedom of Information and Privacy ‘Association “seeks to empower citizens by promating and defending the principle of universal and affordable ‘access to the basic information channels of our time.” See http://fipa.be.ca/about/. The most recent Special Committee said, “For governments, cloud computing offers new opportunities for proactive disclosure, or the automatic release of certain types of records. Proactive disclosure provides efficient and cost-saving ways for {government agencies to share general information. It also serves to further government transparency and ensure ‘accountability to citizens, which are both essential tenets of democracy.” See http://www, hparl foifindex hte, “5. ‘sh Columbia Ferry Series ne. snot