Well, you're right that it's not clear at the moment. It's not clear because there is that exemption in the B.C. legislation.
The definition of “work product”.... I'm very familiar with the case you're talking about, because I have to declare that I did do some work for the company that was involved in this issue several years ago, so I have an understanding of the issue that's beyond my understanding as an academic.
If you take the issue of doctor information versus patient information, there's a clear qualitative distinction between the information that is produced as a result of one's professional conduct and the information that one may have as a patient. It's a tricky issue, and this committee clearly has to deal with it and ensure that there is some consistency.
The worry I have, however, with a broad, unlimited definition of “work product” is that it can have unintended consequences for the privacy rights of employees, because there are work product issues having to do with, say, the keystroke monitoring of employees in offices, or that may have to do with video surveillance. So there has to be some very careful drafting.
I'm familiar with what the Privacy Commissioner of Canada has said and with the various alternatives there. There has to be some very careful drafting to ensure that the legislation does, in fact, specify exactly what “work product” means and no more.