Office of the
Information Commissioner of Canada
Consultation on
Access to Information Act
http://www.oic-ci.gc.ca/eng/modernization-atia_2012.aspx
January 21, 2013
Dear Suzanne Legault,
Re: Consultation on
Access to Information Act
This is a response from an individual scholar and librarian
who is active in the area of information policy and open access. Thank you very
much for the opportunity to participate in this consultation. In brief, my
recommendation is to set the default to
open. Narrow the scope of limitations to open access to information to
substantive matters of national security or personal privacy, with an empowered
and sufficiently funded Office of the Information Commissioner of Canada to act
as an effective monitor to ensure these limitations are respected. Expand the
range of information that falls under the Act to include Cabinet confidences. Expand
the entities covered under the Act to include companies that are contracted to
undertake work on behalf of the federal government, and companies that receive
contracts and or subsidies from the federal government. Detailed responses to the General
Questions follow.
Right of access
Question: In an
environment of increasing globalization, should any person be able to obtain
government held records, notwithstanding their physical presence or
citizenship?
Response: yes, in
an environment of increasing globalization, anyone should be able to obtain
government held records, notwithstanding their physical presence or
citizenship. In the spirit of open government, the default for government
information should be open access to anyone, anywhere. Canadian benefit from
access to information provided by other governments.
Coverage of the act
Question: Should
all federal entities be subject to the Act as a matter of principle, or should
some be exempt from the Act’s requirements? What criteria or principles should
determine which entity is covered by the Act?
Response: the act
should cover all federal entities, all entities undertaking work on behalf of
the government, and all entities receiving funding of any kind from the
government. That is, when work is
contracted by the federal government out to companies, the companies should
also be covered by the act, exactly as if the work were being done by the
government department. When a company is awarded a contract by the government,
or is given a subsidy, any information relating to the contract or subsidy
should be subject to Access to Information Requests and a general expectation
of open access to this information.
Limitation on the
right of access
Question: In what
circumstances should a universal right of access be limited? Should federal
institutions have the discretion to limit disclosure? If so, should they be
required to demonstrate that a defined injury, harm or prejudice will probably
result from disclosure? Should the public interest be considered in the
decision to withhold records?
Response: Any
limitations should apply to particular information, and then only for
substantial reasons – information that is classified for security purposes or
that cannot be released without compromising personal privacy. The default
should always be open. It is essential that a watchdog such as the Office of
the Information Commissioner be empowered and sufficiently funded to monitor
and ensure that any limitations on access to information fall within this
scope.
Cabinet confidences
Question: Should
the Access to Information Act exclude records that directly inform Cabinet
decisions? If the exclusion is permitted, on what should it be based? Should
the Information Commissioner be able to review Cabinet confidences?
Response: Canada
is part of the Open Government Partnership. It is timely to make a serious
commitment to openness. Cabinet should conduct its work in the open. The
criteria for keeping information confidential by Cabinet should be exactly the
same for all other federal information – national security or personal privacy.
This is important for the work of the government to be, and to appear to be,
transparent.
Awareness and
education
Question: What
role can or should the Office of the Information Commissioner play in helping
Canadians to become more aware of their rights under the Access to Information
Act?
Response: The
Office of the Information Commissioner should provide education and awareness
through a variety of activities (website, information sessions both virtual and
in-person), and should leverage opportunities to work with other organizations
with education and awareness mandates such as schools and libraries
[disclosure: I am a librarian].
Once again thanks for the opportunity to participate. I will
post this response to my blog.
Heather Morrison, PhD
hgmorris at sfu dot ca
The Imaginary Journal of Poetic Economics
http://poeticeconomics.blogspot.com
