Commissioner Cavoukian calls on government to preserve Freedom and Liberty

News Release June 17, 2014

Toronto, June 17, 2014 – In the final annual report of her unprecedented third term as Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian draws attention to the need for greater transparency and accountability from the provincial and municipal governments. She also calls on Canadians to keep the pressure on our country’s leaders to ensure that the message of “respect our privacy, respect our freedoms,” is heard loud and clear.

Entitled Freedom and Liberty, the Commissioner has put forward four key recommendations in her report to safeguard Ontarians’ right of access to public records, and holding government to account:

• New Consequences for Insufficient Records Retention – As outlined in the Commissioner’s special investigation report, Deleting Accountability: Record Management Practices of Political Staff, the Commissioner recommended four changes to improve retention of records in the Office of the Premier and Ministers’ Offices. The Commissioner reiterates her recommendations to create a legislative duty to document business-related activities; require institutions to securely retain records that are subject to freedom of information requests under the Acts; prohibit the wilful destruction of records; and make it an offense to willfully destroy or alter records.
• Municipal Councillors’ Records – Much of what is characterized as political or constituency work in councillors’ records in responding to freedom of information requests actually relates to municipal business and should be subject to the provisions of MFIPPA. The Commissioner recommends that amendments be made to the Act so that information such as travel, hospitality and other expenses will become publicly accessible.
• Government Contracts – Contracts awarded by publicly-funded institutions should be disclosed routinely and proactively — Ontarians have a right to know how their money is being spent. The Commissioner calls on the provincial government to provide clarity to the sections of the Acts currently being used to deny access and to send a clear message that this information should be made available proactively.
• Modernization of the Acts – The Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) are now more than 20 years old and may be considered mature legislation. When the Acts were written, legislators could not have envisioned the opportunities and challenges that would arise as a result of the growth of the Internet. Therefore, the Commissioner is recommending revisiting and strengthening the laws to reflect the realities of the Information Era. She also repeats her call for all institutions that receive significant public funding, especially Children’s Aid Societies, to be brought under the Acts.

Read more: https://ibftoday.ca/wp-content/uploads/2014/06/2014-06-17-AR-2013.pdf