"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, 2009 - 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?
Proactive Disclosure of Information:
The Essential Wave of the Future
"LET THE SUNSHINE IN"
Public sector has traditionally operated in
«reactive» mode:
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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
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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
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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
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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
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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"