It's not uncommon to find ourselves needing specific information, especially when it concerns health services. Sometimes, the path to that information can be a bit winding, and that's precisely what a recent case involving the Provincial Health Services Authority (PHSA) highlights. At its heart, this situation was about a request for details regarding a medical program, specifically care for transgender and gender diverse youth provided by the BC Children's Hospital Gender Clinic.
When an applicant sought this information, the request eventually landed with the PHSA. Their response, however, wasn't a simple handover of documents. PHSA indicated that fulfilling part of the request would mean creating new records, something they weren't obligated to do under the province's Freedom of Information and Protection of Privacy Act (FIPPA). Specifically, section 6(2) of FIPPA clarifies that while public bodies have a duty to assist, this doesn't extend to creating records that don't already exist, especially if doing so would be an unreasonable operational burden.
This particular case went through mediation and then to an adjudicator. The core dispute revolved around statistical data – the number, age, and assigned sex at birth of youth who had gone through different stages of the clinic's treatment process over a specific period. There was also a request for information about the number and qualifications of 'transcompetent mental health assessors' and endocrinologists recognized by the clinic. Interestingly, the information about the endocrinologists and assessors was eventually provided, meaning the real sticking point became the detailed statistical data.
What's fascinating here is how the process unfolded. The applicant's request, as it was understood and processed, seemed to evolve, leading to some confusion about the exact scope of what was being asked for and what records were truly in dispute. It’s a reminder that clarity in communication is key, especially when dealing with complex requests and official processes.
Ultimately, the adjudicator confirmed that PHSA was not required to create the specific statistical records the applicant was seeking, aligning with the principles of FIPPA. While some information was provided, and other parts were withheld under privacy provisions (sections 19(1) and 22(1) of FIPPA, concerning harm to safety and unreasonable invasion of privacy), the central takeaway is about the boundaries of information access. It's about understanding what information exists and what can reasonably be expected to be produced when a request is made to a public body like the PHSA.
