"LET THE SUNSHINE IN" Proactive Disclosure of Information: The Essential Wave of the Future Access and Privacy Conference 2009 Andrea Neill Assistant Commissioner Complaints Resolution and Compliance Friday, June 12, Edmonton, Alberta Session I – Enoch D – 9:30 – 10:30

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN" Songs from the 1983 hit parade (same year as ATIA): SAY, SAY, SAY TELL HER ABOUT IT IS THERE SOMETHING I SHOULD KNOW? DIRTY LAUNDRY Pop culture was into openness and transparency. What about government?

Public sector has traditionally operated in «reactive» mode:  Public interest (health, safety, environment, consumer)  Public pressure / emergency  Scandals  Whistleblowing  Leaks  Outside influence (oversight bodies, parliamentarians, public policy organizations, media, civil society, academics)  Even with FOI laws in place, “risk averse, disclosure averse” culture (Information Commissioner of Canada) Proactive Disclosure of Information: The Essential Wave of the Future " LET THE SUNSHINE IN "

Limited tradition of proactive or routine disclosure:  Reporting – parliamentary proceedings, orders in council  Open court principle – courts, tribunals, commissions of inquiry  Open meetings (sunshine principle)  Public consultations

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN" Shift from reactive to proactive mode happening that goes beyond FOI laws:  Constitutional right to information  Duty to publish  International principles  Laws  Policy  Voluntary initiatives  Laws / policies promoting transparency and accountability (conflict of interest, integrity)

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Constitutional right to information  Issue that tends to lead to more open concepts in FOI laws  Progressive trend abroad to entrench the right to information in a nation’s constitution or bill of rights – more than half of countries with FOI statutes have done so (e.g. New Zealand, South Africa, Sweden)

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Duty to Publish – International Principles  The Public’s Right to Know – Article 19 (1999) Public bodies should be under an obligation to publish key information (principle 2)  Right to Know Principles and International Right to Know Day – Open Society Institute (2002)  Atlanta Declaration (2008) The right of access to information should include a right to request and receive information, and a positive obligation on public institutions to disseminate information related to their core function (principle 4d)  Commonwealth Model FOI Bill (Part II) A public authority shall cause to be published certain information about its functions, etc. including that used in making decisions / recommendations

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Duty to Publish – Laws  Québec (2008) New regulation establishes a specific list of documents/ information that public bodies are required to publish on their websites or through a hyperlink: Organization, function, services provided name and coordinates of person in charge of access and privacy indexing system for records inventory of personal information files documents released in response to access requests where public interest registers that public body is required to make public under law hyperlinks to Acts, regulations and other statutory instruments that public body applies studies, research or statistical reports in the public interest  Oversight by the Access to Information Commission

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Duty to publish – Laws (cont’d)  United Kingdom  Every public authority subject to the Freedom of Information Act 2000 is required to adopt and maintain a publication scheme  Publication scheme is a commitment to routinely and proactively provide information to the public  Sets out the kinds the information that a public authority should make routinely available – public interest  Should be easy to find and use  Information Commissioner approves publication scheme (ICO has also developed a model scheme that any public authority can use)

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Duty to Publish – Policy  Federal government proactive disclosure policy: Hospitality expenses travel expenses of ministers and senior officials contracts over $10K personnel position reclassifications without competition grant and contribution awards  Council of Europe Convention on Access to Official Documents

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"  Voluntary Initiatives  Federal institutions:  Library and Archives Canada – separate streams to process formal ATIA and informal requests for information  National Defence – posts selected lists of information released under ATIA  CAIRS.Info (Michael Geist – University of Ottawa)  data.gov (Toronto, Vancouver, Washington, San Francisco)  Access impact assessments  Canadian Public Right to Know Bill (Ken Rubin, 2009)

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN" Conclusion:  Proactive / routine disclosure is the essential wave of the future  Government has lots of opportunities to be proactive  Public expects it and younger citizens demand it  Culture shift takes:  Leadership  Attitude change from "have to disclose" to "want to disclose"  Approach of service to the public

Proactive Disclosure of Information: The Essential Wave of the Future "LET THE SUNSHINE IN"