Freedom of Information (FOI): Why It’s Used - and Why Transparency Matters

What FOI Is

Freedom of Information (FOI) is a legal right under British Columbia’s Freedom of Information and Protection of Privacy Act (FOIPPA).

Its purpose is explicit:

“To make public bodies more accountable to the public and to protect personal privacy.- FOIPPA, s.2(1)

FOI exists as a safeguard when routine disclosure fails. It is not an abuse of process-it is a core accountability mechanism required by law.

Why People Use FOI

FOI requests are most often made when information is not provided clearly or directly through normal channels.

FOI use increases when:

• Direct questions are sidestepped or left unanswered

• Responses are partial, delayed, or procedural

• Records that should reasonably be public are not released proactively

• Decisions are referenced without supporting documentation being disclosed

FOIPPA establishes a legal right of access to records, subject only to limited and specific exceptions:

• Right of access - FOIPPA s.4

• Duty to assist applicants openly and accurately - FOIPPA s.6(1)

When answers are avoided or incomplete, FOI becomes the only lawful path to clarity.

FOI does not create mistrust. - Evasive communication does.

FOI and the Appearance of Secrecy

FOI exists to prevent information from being buried when transparency breaks down.

When questions are dodged or records are not disclosed, it creates the appearance that information is being withheld, regardless of intent. FOI compels disclosure and restores visibility into decisions and records.

FOIPPA is designed to counter this exact problem by ensuring access to records held by public bodies:

• Records include all formats (emails, reports, drafts, notes) - FOIPPA s.1 “record”

• Public bodies cannot avoid disclosure through form or delay

FOI does not cause opacity-it exposes it.

Who Really Drives the Cost to Taxpayers

FOI itself is not the cost driver. Administrative handling of information is.

Taxpayer cost increases when:

• Records are not published, causing multiple FOI requests for the same material

• Incomplete or filtered answers trigger follow-up requests

• Extensions are taken unnecessarily - FOIPPA s.10

• Applicants are forced into reviews with the Information and Privacy Commissioner (OIPC) - FOIPPA s.52

Each step increases staff time and public expense.

FOI is not the expense - Opacity is the expense.

How FOI Costs Could Be Reduced (Within the Law)

FOIPPA already provides the solution.

Costs drop when public bodies:

• Meet their duty to assist fully and openly - FOIPPA s.6

• Provide records within statutory timelines - FOIPPA s.7 & s.10

• Release complete records once, rather than piecemeal

• Proactively disclose commonly requested materials

Transparency is not optional- it is the most cost-effective approach.

Key Takeaway

FOI is a lawful tool used when transparency is missing.
It exists because history shows disclosure does not always happen voluntarily.

When records are released clearly and completely, FOI use drops.
When questions are sidestepped or information is withheld, FOI becomes necessary.

The lever that controls FOI volume and taxpayer cost already exists - and it rests with staff and council.

This analysis is based on publicly available records, statutory obligations under BC FOIPPA, and observable administrative outcomes. It addresses process and impact, not intent or motive.

Myths vs Facts About FOI (BC)

Myth: FOI requests are harassment or abuse of the system.
Fact: FOI is a legal right under BC’s Freedom of Information and Protection of Privacy Act. Using it is lawful and expected when information is not otherwise disclosed (FOIPPA s.4).

Myth: FOI requests are what cost taxpayers money.
Fact: Costs increase when records are not released proactively or answers are incomplete, forcing repeat requests and reviews. Clear disclosure reduces FOI volume and cost.

Myth: FOI is only used by people with an agenda.
Fact: FOI is commonly used by residents, journalists, researchers, and businesses to obtain records that should already be public.

Myth: If information isn’t released, it must be exempt.
Fact: FOIPPA requires disclosure unless a specific, limited exemption applies. Silence, delay, or partial responses are not exemptions (FOIPPA s.4, s.6).

Myth: Staff can decide what the public “needs to know.”
Fact: FOIPPA gives the public the right to access records, not the discretion of staff to filter information (FOIPPA s.2, s.4).

Myth: FOI encourages conflict.
Fact: FOI exists to prevent conflict by replacing speculation with records and facts. Transparency lowers tension; opacity increases it.

Myth: FOI delays are unavoidable.
Fact: FOIPPA sets clear statutory timelines and a duty to assist openly and accurately. Delays often occur when records are managed or released poorly (FOIPPA s.6, s.7, s.10).

Bottom Line:
FOI is not a problem process.
It is the correct response when transparency fails.