Access to Information and Protection of Privacy Act Presentation to Independent Statutory Review Committee June 25, 2014 Vaughn Hammond; Director of Provincial Affairs, NL

Overview  Section 27  Parts V and VI  ATIPPA Regulations  Implications for small business  Transparency and accountability  Recommendations

Section 27 Changes made it easier to refuse information with no reason provided Different test to be met Same standard of proof under amended section “Reasonable expectation of possible harm”

Parts V and VI Lengthy process that may hinder pursuit of information Requires substantial human and financial resources

ATIPPA Regulations Need to find a way to reduce the number of exceptions Currently 24 pieces of legislation that have separate confidentiality clauses The various Acts treat confidentiality somewhat differently

Transparency and Accountability 6 Internal procedures exist and assurances needed that they are followed Government bodies have a responsibility to disclose what they spend on goods and services Dealing with public sector is a “cost of doing business”

Implications for small business Clarity in the rules and legislation Reasonable expectation that transactions with government bodies will be made public A difference exists between lower valued contracts and higher valued contracts Not an easy process to navigate

Recommendations 8 Revisit the section 27 exemptions and the applicable test Re-consider the number of legislative exceptions provided in the regulations Ensure an appropriate balance of government accountability and business practice

Discussion / Questions