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http://www.oipc.bc.ca/orders/962
The Vancouver Sun has made nearly identical data requests to several government agencies
over the last several years.
By remuneration, we mean the definition used in B.C.s Financial Information Act: namely, all
compensation and taxable benefits received by an employee in that year. This is the same as
the figure recorded in Box 14 of an employees T4 slip.
In processing this request, I draw your attention to Section (22)(4)(e) of the Act, which states
that a disclosure of personal information is not an unreasonable invasion of a third party's
personal privacy if ... (e) the information is about the third party's position, functions or
remuneration as an officer, employee or member of a public body or as a member of a
minister's staff.
When the data is ready for release, please e-mail it to me at cskelton@vancouversun.com or
mail it to me on a CD or USB stick. If you have any concerns, please phone me at (604)605-2892.
Thank you.
Sincerely,
CHAD SKELTON
Data Journalist
The Vancouver Sun
Suite 1 200, Granville St.
Vancouver, B.C. V6C 3N3
Office: 604.605.2892
Email: cskelton@vancouversun.com
Twitter: @chadskelton
Websites: The Data Trail | Data Central
PLEASE NOTE: I work Wednesdays to Fridays and do not check email regularly on Mondays and
Tuesdays.
vancouversun.com
The information contained in this email is strictly confidential, and is only intended for the party to whom it
is addressed. Any other use, dissemination, distribution, disclosure or copying is prohibited. If you have
received this email in error please so inform by reply email. Thank you.
Mr. Wurz:
Please see the attached request for a public-interest fee waiver in this case. Please also note that, as
specified in the waiver request, if the district is unwilling to grant the fee waiver I do NOT want it to
process the request and then attempt to invoice me. Instead, I will appeal the decision to the
Information Commissioner.
Since The Vancouver Sun first launched its online public-sector salary database in 2008, it has
received more than 16 million page views, making it the most popular feature on The Suns
website. The stories that accompany the database each year also generates significant letters
to the editor and online comments, demonstrating the publics acute interest in how much
public servants are earning.
(b) Does the subject of the records relate to the environment, public health or safety or any
other matter of public interest?
Knowing how much public servants are earning is a key part of government transparency, which
is why the government mandates, through the Financial Information Act, that all public
agencies publish the remuneration of those earning more than $75,000. The Suns database
improves this transparency in two key ways: First, by making the data easily accessible and
searchable in an online database. Second, by including job title information (which the FIA does
not require), making it easier for members of the public to determine whether a salary is
justified or not and to compare how the earnings of those in similar positions differ across
agencies.
In the story that launched The Suns salary database in 2008, then-B.C. Information and Privacy
Commissioner David Loukidelis said that people need to know how taxpayer dollars are being
used and stressed that providing salary data without job titles was of limited public benefit.
People revolve in and out of positions, he said. So saying David Loukidelis gets 'X' without
saying what he does doesnt tell you very much.
(c) Is there evidence that use or dissemination of the records would yield a public benefit by
... contributing to a public understanding or debate on an important policy, law,
program or services or other issue
This information would assist the public generally, and North Vancouver residents specifically,
in learning how much the school districts staff are being paid and allow them to determine
based on the job titles of those employees if those salaries are justified.
STEP TWO: Dissemination of information
(a) Is the applicant's primary purpose for making the request to use or disseminate the
information in a way that can reasonably be expected to benefit the public or is the primary
purpose to serve a private interest?
This request is being made solely in my capacity as a reporter with The Vancouver Sun, with the
intention of adding the information to a public, searchable online database of public-sector
salaries. There is no private or personal interest involved in this request.
(b) Is the applicant able to disseminate the information to the public?
As a staff reporter with The Vancouver Sun, I am able to publish articles containing any
newsworthy information these records contain. The intention is for this salary and job title data
to be added to The Suns online database where it is searchable by the general public.
OTHER RELEVANT FACTORS:
(a) Did the applicant, viewed reasonably, cooperate or work constructively with the public
body, where the public body so requested during the processing of the access request,
including by narrowing or clarifying the access request where it was reasonable to do so?
As specified on my original FOI request, I have offered if the school district is unable to match
up its remuneration data with jobs titles for it to instead provide me with two spreadsheets:
one with remuneration, the other with job titles, so that I can match them up myself. The
district has not taken me up on this offer.
(b) Has the applicant unreasonably rejected a proposal by the public body that would reduce
the costs of responding to the access request?
No.
(d) How did the public body attempt to respond to the request in light of the public body's
duties under s. 6 of the Act?
I believe the districts refusal to provide its staff directory in electronic format, a decision I
believe it has no legal justification for, violates its duty to make every reasonable effort to assist
the applicant.
(e) Would the waiver of the fee shift an unreasonable cost burden for responding from the
applicant to the public body?
No. The costs involved here are minor ($90). And, indeed, I believe the districts estimate of the
time it would take to produce this record is exaggerated. The district estimates it would take six
hours to match job titles to the salary data. However, North Vancouver School District provided
me with a complete spreadsheet containing the names, job titles and remuneration of its
employees for four years running without incident and without demanding a fee of any kind.
The district has not explained to me why, suddenly beginning last year, something that it was
able to do for free for years is now a major technical undertaking.
Please not that if my request for a fee waiver is refused, I intend to file a complaint with the
Office of the Information and Privacy Commissioner.
Sincerely,
CHAD SKELTON
Data Journalist
The Vancouver Sun
Suite 1 200, Granville St.
Vancouver, B.C. V6C 3N3
Office: 604.605.2892
Email: cskelton@vancouversun.com
Twitter: @chadskelton
Websites: The Data Trail | Data Central
PLEASE NOTE: I work Wednesdays to Fridays and do not check email regularly on Mondays and
Tuesdays.
vancouversun.com
The information contained in this email is strictly confidential, and is only intended for the party to whom it
is addressed. Any other use, dissemination, distribution, disclosure or copying is prohibited. If you have
received this email in error please so inform by reply email. Thank you.