Third Session, Thirty-sixth Parliament

SPECIAL COMMITTEE TO APPOINT AN
INFORMATION & PRIVACY COMMISSIONER
REPORT

The following electronic version is for informational purposes only.
The printed version remains the official version.

Committee email: ClerkComm@leg.bc.ca

Special Committee to Appoint an
Information & Privacy Commissioner

Report

Third Session
Thirty-sixth Parliament

July 15, 1999

To the Honourable,
The Legislative Assembly of
the Province of British Columbia
Victoria, British Columbia

Honourable Members:

We have the honour to present the Report of the Special Committee to Appoint an Information and Privacy Commissioner for the Third Session of the Thirty-Sixth Parliament.

Respectfully submitted on behalf of the Committee.

Acknowledgements

The Committee received 95 applications from individuals from across British Columbia and Canada, with a variety of professional experience. The Committee was pleased with the response to its advertisement and the high calibre of the applicants, and would like to thank everyone who expressed an interest in the position and submitted an application.

The Committee would also like to express its appreciation to the Office of the Clerk of Committees for the administrative, research and procedural support it provided.

Process

Committee Meetings Conducted

The Committee and subcommittee met in Victoria on the following dates, for the purposes described below:

A number of documents were prepared internally for the Committee’s use, to facilitate the process of selecting an Information and Privacy Commissioner. These documents were subsequently approved by the Committee.

Job Description

In June of 1992, the Legislative Assembly of British Columbia enacted the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165. Part Four of the Act establishes the office and powers of the Information and Privacy Commissioner.

The Commissioner is an Officer of the Legislature. On the recommendation of the Legislative Assembly, the Lieutenant Governor appoints a person who has been unanimously recommended for the position by a Special Committee of the Legislative Assembly. The Commissioner holds office for a single six-year term and may be removed or suspended from office at the recommendation of two-thirds of the Members present in the Legislative Assembly. The Information and Privacy Commissioner must report annually to the Speaker on the work of the office and any complaints that have been received concerning a decision or act of the Commissioner and his/her staff.

The Commissioner may appoint, in accordance with the Public Service Act, R.S.B.C. 1996, c. 385, employees necessary to enable the duties of the office to be performed, and may retain any consultants, mediators or other persons as their services are required. The salary for this position is equal to the salary paid to the Chief Judge of the Provincial Court of British Columbia.

Powers and Duties

The Information and Privacy Commissioner is responsible for monitoring how the Freedom of Information and Protection of Privacy Act is administered, and ensuring that its purposes are being achieved. This involves receiving, investigating and attempting to resolve complaints from the public concerning compliance with the Act. The Commissioner has the powers given to a commissioner by sections 15 and 16 of the Inquiry Act, R.S.B.C. 1996, c. 224, and may require a public body to provide any relevant information that is needed for an investigation. In cases where a matter cannot be resolved through negotiation, the Commissioner has the authority to issue binding orders.

The Commissioner is also responsible for promoting access to information and protection of privacy rights, ensuring that citizens understand their rights, and ensuring that the government is functioning in the spirit of the legislation. This involves the following tasks:

• Informing the public about the Act and the role of the Information and Privacy Commissioner;
• Engaging in or commissioning research into any matters which affect achievement of the purposes of the Act;
• Commenting on the implications for access to information or protection of privacy of proposed legislative schemes or programs of public bodies;
• Commenting on the implications for protection of privacy of using or disclosing personal information for record linkage.

Qualifications

Due to the unique nature of the Information and Privacy Commissioner’s role, there are no fixed educational requirements in order to qualify for the position. Rather, the ideal candidate is one who possesses a broad range and unique blend of employment, academic, and personal experiences.

Candidates should have extensive experience in working either with, or in, the various levels and branches of government. A strong background in senior level management and administration is also desirable. It is preferred that applicants have a legal background and experience in mediation, adjudication, investigative procedures, public relations and public consultation. A financial/economic background and experience in the private sector is also an asset. Previous experience with, and/or an in-depth understanding of, access to information and protection of privacy issues in British Columbia and other jurisdictions is an essential requirement.

Applicants should have demonstrated leadership capabilities and have achieved wide respect in their chosen career and in the community at large. Exceptional communication and interpersonal skills, and the ability to mediate between conflicting positions, is required.

Candidates should be committed to the values of access to information and protection of privacy and have a well-developed vision of the critical role of the Information and Privacy Commissioner in British Columbia, and the duties of the office.

Selection Process

An advertisement outlining the role and responsibilities of British Columbia's Information and Privacy Commissioner, and detailing the terms and minimum qualifications for this position, was developed by the Committee.

The advertisement (attached hereto as Appendix II) was placed once in all daily newspapers in British Columbia, as well as in one national newspaper on the most appropriate circulation day.

Interviews were conducted over a period of eight days. A standardized list of questions was used by the Committee to ensure consistency in the interview process.

Forty-five minutes prior to each interview, candidates were given a written question and were asked to present a verbal response to the Committee. Candidates also received oral questions from committee members, arising out of the candidates’ presentations and applications.

The Committee concluded that follow-up interviews were not necessary.

Supporting Documents

A number of documents were prepared for the Committee, to facilitate the process of selecting an Information and Privacy Commissioner, by the Office of the Clerk of Committees. These documents, which were subsequently approved by the Committee, are as follows:

Position Profile

This document describes the position of the Information and Privacy Commissioner in British Columbia, and the powers and duties associated with the position as detailed in the Freedom of Information and Protection of Privacy Act. It also outlines the minimum qualifications and experience that prospective candidates should possess.

Applicant Screening Forms (2)

Two applicant screening matrices were prepared to assist Committee members in their of applications, and to assist the Committee in creating a shortlist of applications in a methodical, systematic and fair way. The first matrix was developed for use in the initial and secondary screening processes. The second matrix was developed for use in the interview process. Scoring was based upon qualifications and experience, personal qualities, and public recognition.

List of Interview Questions

Eleven questions were prepared for the Committee to ensure consistency in all interviews.

Forty-five minutes prior to each interview, the first question was provided in written form to candidates. Candidates were asked to present a verbal response outlining their approach to protection of privacy and access to information, their vision of the role of the Information and Privacy Commissioner in British Columbia, and plans for establishing the office of the Commissioner.

The remaining nine questions were asked orally by Committee members during the interview. Issues that the candidates were asked to discuss included: the use of mediation by the Commissioner, extension of the Act to local government bodies, and the techniques and/or perspectives of Information and Privacy Commissioners in other jurisdiction that should be adopted or avoided in British Columbia.

Observations

British Columbia's Information and Privacy Commissioner plays a critical role in ensuring the successful application of the Freedom of Information and Protection of Privacy Act. The Commissioner has the authority to ensure that public bodies are meeting their access responsibilities and protecting personal privacy pursuant to the legislation. Moreover, the Commissioner works with government officials and the public generally to promote a 'culture of openness' throughout the province.

Given the challenges that British Columbia's Information and Privacy Commissioner will face, as well as the significance of this position to the success of the Act, the Committee approached its task seriously. The selection process was fair and thorough, and the Committee is confident that it has selected an outstanding candidate for the position.

In order to ensure the independence of the position, and to provide the Commissioner with the support of the Legislative Assembly, the Committee supports the continued use of a special all-party legislative committee to select and recommend the appointment of the Information and Privacy Commissioner.

Recommendation

The Committee unanimously recommends to the Legislative Assembly that David Loukidelis be appointed Information and Privacy Commissioner for the Province of British Columbia, pursuant to Section 37 (1) of the Freedom of Information and Protection of Privacy Act.

Appendix I - Biography

David Loukidelis, 41, is a Vancouver lawyer who has been practicing law since 1988. Currently, Mr. Loukidelis is a partner of Lidstone Young Anderson, a law firm which restricts its practice to the representation of British Columbia local governments and other public bodies. He has broad experience in access to information and privacy protection issues.

A founding member of the B.C. Freedom of Information and Privacy Association ("FIPA"), Mr. Loukidelis served for a number of years as a director of FIPA and also served as its president. He was the main author of FIPA's Legislative Task Force report, entitled Information Rights for British Columbia. That report, which contains 73 legislative recommendations, played a key role in enactment of British Columbia's Freedom of Information and Protection of Privacy Act. Mr. Loukidelis has also written reports for FIPA on a variety of access and privacy matters, and has authored a number of FIPA’s written submissions made in its role as intervenor in appeals to the Information and Privacy Commissioner. In recognition of his "major contribution to information rights in Canada", Mr. Loukidelis was awarded FIPA's Information Rights Award in 1998.

Mr. Loukidelis has also been a member of the Freedom of Information and Protection of Privacy Committee of the B.C. Branch of the Canadian Bar Association since 1994.

Mr. Loukidelis' extensive experience in access to information and protection of privacy matters includes advising local governments and other public bodies, as well as individuals and members of the media, on a wide variety of issues. For example, he has represented public bodies, business interests, labour organizations and individuals in numerous inquiries before the Information and Privacy Commissioner. He has also acted as counsel in several applications for judicial review of Information and Privacy Commissioner decisions before the British Columbia Supreme Court. In addition to his work with FIPA, Mr. Loukidelis has written and presented numerous speeches and papers, and has participated in many panel discussions and seminars, concerning access and privacy matters.

Before joining Lidstone Young Anderson in 1992, Mr. Loukidelis was a solicitor with the City of Vancouver for two years. Prior to that time, he practiced for two years with a large Vancouver law firm. In addition to access and privacy matters, his practice has involved a wide variety of matters including land use development and regulation, general local government matters, public-private partnerships, commercial law, tendering and construction matters, First Nations law, environmental law and legislative drafting.

Mr. Loukidelis has taught environmental law at the University of British Columbia’s School of Community and Regional Planning since 1996, and also taught the law of restitution at UBC’s Faculty of Law from 1989 to 1992.

Mr. Loukidelis received his LL.B. from Osgoode Hall Law School in 1984, after which he articled in Vancouver. After his Call to the Bar in 1985, Mr. Loukidelis served for a year as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada. He then attended the University of Oxford, from which he received his B.C.L. - a graduate law degree - in 1987. Before beginning his legal studies, Mr. Loukidelis studied English literature at the University of Toronto for two years, after which he received a M.A. in English language and literature (medieval studies) from the University of Edinburgh in 1980.

Mr. Loukidelis’ spouse, Marie Potvin, is also a Vancouver lawyer.

Appendix II - Advertisement