VI. Statistical Overview

Figure 1 below illustrates the overall growth of cases handled by the Commissioner's Office in comparison with previous fiscal years.

Figure 2 below illustrates the growth in caseload by case type in comparison with the 1995-96 fiscal year. As indicated, the Office logged 1,758 cases between April 1, 1996 and March 31, 1997. This figure compares to the 1,436 cases logged in 1995-96.

Requests for Review: An applicant who makes a request for records or a request for correction of personal information may seek a review of any decision, act, or failure to act which relates to that request. Third parties who are notified during the processing of a request may also request a review of any decision by a public body to give access.

Complaints: Complaints most often concern the collection, use, retention, and disclosure of personal information or the failure of a public body to perform a particular duty imposed by the Act. They also may relate to a request for records.

Public Bodies' Requests for Time Extensions: The Act provides 30 days or, under limited circumstances, 60 days for a public body to respond to a request. Where a public body determines that more than 60 days will be needed to respond to a request, it must request permission from the Commissioner to extend the response time.

Legislative or Policy Consultations: The Office is often asked to review proposed legislation or amendments to current legislation which may affect the information or privacy rights of individuals. The Office also may review policies, procedures, and forms developed by public bodies which concern the collection, use, and disclosure of personal information.

Site Visits: The Commissioner has authority under the Act to audit the information-handling practices and procedures of public bodies covered under the Act. Site visits typically are conducted informally and involve a tour of the facility and records areas and discussion of various freedom of information and privacy issues and concerns.

Freedom of Information Requests to the Commissioner's Office: The Commissioner's Office is a public body under the Act and, like other public bodies, is required to respond to requests for records within its own custody or control. This does not include records in its possession relating to its functions under the Act, such as those concerning requests for review or complaint files.

Investigations: While investigations often result from a complaint, the Commissioner may initiate an investigation where there are concerns about systemic privacy or access to information issues. Investigations often result in a formal investigation report.

Requests for Section 43 Authorizations: Under section 43 of the Act, a public body may ask the Commissioner for authorization to disregard requests for records that are of a repetitious or systematic nature and would unreasonably interfere with the operations of the public body.

Non-Jurisdictional Complaints and Inquiries and Non-Reviewable Issues: Non-jurisdictional complaints and inquiries include complaints against private sector organizations or professionals, such as doctors, dentists, lawyers, insurance companies, credit bureaus, banks, and federal government agencies. Such bodies and individuals are not covered by the Act. Non-jurisdictional complaints also include those against public bodies covered by the Act, but where the concern is not a freedom of information or protection of privacy issue.

Non-reviewable issues are different from non-jurisdictional issues in that they do pertain to freedom of information or protection of privacy concerns and involve public bodies over which the Office has jurisdiction. However, the issues are considered to be non-reviewable because the applicant has requested a review either before the public body has made a decision or has otherwise had an opportunity to make
a decision.

Other: This includes all projects, systems reviews, and applications for time extensions by individuals who have missed the timeline for submitting requests for review to the Office. Projects and systems reviews often are initiated by the Commissioner and result from a particular systemic or public interest issue.

Between April 1, 1996 and March 31, 1997, the Office opened 933 requests for review. The types of decisions that the Office was asked to review are categorized in Figure 3 below.

* Requests for Review which contain multiple issues are only assigned to one category

** Discontinued requests for review indicates those which have been abandoned or withdrawn

Access:

Denied Access: This is a review of a decision by a public body to deny access to all records.

Partial Access: This is a review of a public body's decision to sever or withhold certain records.

Adequacy of Search: This is a review of whether or not further records exist. The issue is whether a public body conducted an adequate search for all relevant records.

Correction Request: This is a review of a public body's decision not to correct personal information.

Deemed Refusal: This is a review of a public body's failure to respond to a request within the proper time-frame. The Act interprets this failure as a decision to refuse access to the record.

Fees: This is a review of the fees assessed by a public body for access to records, or a review of its decision not to waive fees.

Third Party Request for Review: This is a review of a public body's decision whether to provide an applicant with access to personal or business information of a third party.

Time Extension: This is a review of a public body's decision to extend the time limit for responding to a request for records.

Between April 1, 1996 and March 31, 1997, the Office opened 115 complaints, most of which pertained to inappropriate collection, use, or disclosure of personal information. Other complaints related to the failure of a public body to perform a duty imposed by the Act, such as the duty to assist an applicant. The complaints are categorized in Figure 4 below.

Failure to Perform a Duty: This is an investigation into an allegation that a public body has failed to perform a duty imposed by the Act, such as its duty to assist an applicant or individual.

Inappropriate Collection: This is an investigation into an allegation that a public body has inappropriately collected personal information about an individual under the Act.

Inappropriate Disclosure: This is an investigation into an allegation that a public body has inappropriately disclosed personal information about an individual under the Act.

Inappropriate Use: This is an investigation into an allegation that a public body has inappropriately used personal information under the Act.

When applicants do identify their affiliation, the request or complaint is categorized accordingly, as set out in Figure 5 below. If an applicant does not identify any affiliation, he or she is categorized as an individual requester. It is important to note, therefore, that the category entitled "Individuals" may be artificially high, since it captures all those who did not express affiliation with any particular group or interest, even though they might have been acting on behalf of a group.

Figures 6 and 7 below identify the number, status, and grounds of requests for review at the Commissioner's Office according to public body. Figure 6 shows the status or disposition of requests for review against a public body, while Figure 7 shows the grounds upon which the reviews were requested.

* During this fiscal year, the Ministry of Social Services ceased to exist and its responsibilities were transferred to two new ministries: the Ministry of Children and Families and the Ministry of Human Resources. Further, the Ministry of Education became the Ministry of Education, Skills and Training and the Ministry of Skills, Training and Labour became the Ministry of Labour.

** There are over 2,200 public bodies covered under the Act. There have been no requests for review filed against the majority of them. The figure of 251 for "All Other Public Bodies" represents, for the most part, the one or two requests for review which have been filed against 118 public bodies other than the ones specifically listed. None of these 118 received more than 9 requests for review in total.

As noted earlier, complaints may involve such issues as the inappropriate collection, use, or disclosure of personal information by a public body and/or its failure to perform a duty imposed by the Act. Figures 8 and 9 below indicate the number, status, and grounds of complaints that were handled by the Commissioner's Office from April 1, 1996 to March 31, 1997, categorized by public body. Figure 8 indicates the status or disposition of complaints, while Figure 9 indicates the grounds under which the complaints were filed.

*During this fiscal year, the Ministry of Social Services ceased to exist and its responsibilities were transferred to two new ministries: the Ministry of Children and Families and the Ministry of Human Resources. Further, the Ministry of Education became the Ministry of Education, Skills and Training and the Ministry of Skills, Training and Labour became the Ministry of Labour.

**There are over 2,200 public bodies covered under the Act. There have been no complaints filed against the majority of them. The figure of 51 for "All Other Public Bodies" represents, for the most part, individual complaints made against approximately 43 public bodies other than the ones specifically listed.

Of the 919 requests for review closed during the 1996-97 fiscal year, 75 required settlement by an Order. Thus, only 8.2 percent of requests for review resulted in a formal inquiry before the Information and Privacy Commissioner. This low rate of formal inquiries and Orders is largely due to the strong emphasis the Office places on mediation as the primary practical means for resolving disputes. In fact, the Office has become a center for alternative dispute resolution. The disposition of requests for review at the Office for this fiscal year is set out in Figures 10 and 11 below.

Although complaints are not normally resolved through the formal inquiry process, the Office resolved four complaints by Order this year. The remaining complaints were closed in a less formal manner, such as by recommendations to public bodies for changes to their existing policies or practices. Disposition of complaints for this fiscal year is set out in Figures 12 and 13 below.

Of the 18 investigations completed this year, three resulted in the release of a formal investigation report. The remainder were concluded less formally, as described above, by recommendations to public bodies for changes to their existing policies or practices. Disposition of investigations for this year is set out in Figure 14 below.

If an applicant is not satisfied by the Office's response to his or her request or complaint, the applicant may ask the Minister responsible for the Act to designate a judge of the British Columbia Supreme Court to act as an independent adjudicator in the matter. The adjudicator has the same powers as the Commissioner to investigate and resolve requests for reviews or complaints under the Act.

From April 1, 1996 to March 31, 1997, the Office received 47 freedom of information requests for records in its custody or control. It did not receive, nor was the subject of, any privacy complaints. The 47 information requests is a substantial increase from last year's total of 18 requests. Figure 15 below illustrates the overall growth of freedom of information requests to the Office in comparison with previous fiscal years.

Of the 47 requests for information made to the Commissioner's Office this year, applicants were satisfied with its decision in 41 of them. The remaining six resulted in requests by applicants for an adjudicator.
Figure 16 below sets out the disposition of requests for records to the Commissioner's Office.

The six requests for information that went to an adjudicator were the result of the Office's refusal to grant full or partial access to the records requested. In five of the six requests for an adjudicator, the original requests for records were for copies of open or closed case files. The Office refused to disclose most of these records, since they are explicitly excluded from disclosure under section 3(1)(c) of the Freedom of Information and Protection of Privacy Act. This section provides that the Act does not apply to a record created by or in the custody of an Officer of the Legislature that relates to the exercise of that Officer's functions under the Act.

The remaining request for an adjudicator involved an original request to the Commissioner's Office for records of the personal information of its employees, including names, ages, and educational and employment history. The Office released the names but refused to release ages, since collection of that information is not a requirement of the job. The Office also refused to release employees' educational and employment history, since it would be an unreasonable invasion of their personal privacy.

There have been no decisions on any of these adjudications as of the time of compilation of this report. However, a decision on the first request for an adjudicator in the 1995-96 fiscal year was delivered by the Supreme Court on September 6, 1996. It concerned a request for records withheld by the Office under section 3(1)(c). The court upheld the Office's decision. There have been a total of seven requests for adjudication of the Office's decisions as a public body since the Act and Office came into effect in 1993.

Back to Previous Section

Forward to Next Section

Back to Table of Contents