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Category Archives: Access to information and public accountability

There is a direct relationship between good records and information management and the ability of a public body to meet its responsibilities under either the Access to Information and Protection of Privacy Act or the Health Information Act.

NWT Information and Privacy Commissioner’s Report , 2016-2017, p. 44

 

Recently, on Oct. 3, 2017, to be precise, Elaine Keenan Bengts, the Northwest Territories’ Information and Privacy Commissioner, tabled her latest annual report in the Northwest Territories legislative assembly [link1]. Her report – and the subsequent news coverage about it [link2] – highlight the important role that good records management plays in the efficient and effective engagement of Freedom of Information and Protection of Privacy. However, the report also makes clear that records management still faces an uphill battle as it tries to strike a balance between making sure people can access and control data about themselves, and keeping that information out of the hands of people who don’t need or shouldn’t have access to it. One of the biggest obstacles in the Northwest Territories (and probably in many, if not most, other jurisdictions) is in the technologies used to manage and transmit the records and in people’s willingness to use them.

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The Trump administration has become infamous for their blatant disregard for presidential decorum. However, they are particularly bad at proper records management. In her article, “Are Jared and Ivanka erasing history,” Sarada Peri discusses Ivanka Trump and Jared Kushner’s use of private email servers for official White House business. These practices violate the Presidential Records Act, which was created to protect all presidential records. The article focuses on the parallels between Nixon’s misuse of presidential records to that of the current administration. Peri argues “Presidential recordkeeping is as much about remembering our leaders’ missteps as it is about memorializing their triumphs.” She highlights the importance of the Presidential Records Act through discussing the act’s origins, the issues with modern technology, and the role of presidential recordkeeping.

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In a world where nearly everything we do generates some kind of paper trail, the mismanagement of the documentary evidence of our actions can be devastating and costly. Losing records, or being found to have inappropriately disposed of them, can result in costly fines and can damage a company or individual’s reputation. And these consequences also apply to the largest “corporations” of all: governments.

    It is interesting how often governments are guilty of sloppy record keeping and how often it takes a crisis to remind people of how important it is to be able to prove what did or didn’t happen. Trustworthy records create a space for a more accountable government and yet so often records management is an afterthought.

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Lydia Huey (Author Provided)

 

An ‘F’ for the Canadian Government’s ATI System

This fall 2017, Canada’s Liberal federal government’s access-to-information (ATI) system was audited by News Media Canada. This national association, which represents Canada’s news media industry, gave the federal government’s ATI system an ‘F’.

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The Alberta Privacy Commissioner is investigating the Government of Alberta for deleting 800,000 government emails. The investigation is at the request of the official opposition, who discovered the mass deletion following a freedom of information request. The request revealed sparse inboxes and sent email folders among high-level government staff, including then Chief of Staff, Brian Topp.

Four ministries are under investigation: Transportation, Education, Service Alberta, and the Executive Council Ministries (connected to the Premier’s office).

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Want to know a secret? Records retention schedules don’t really matter to our elected leaders.

In the fall of 2017, a series of articles by Karen Howlett appeared in the Globe and Mail detailing the trial of two former high-level staff members in the Ontario Premier’s office. David Livingston, the Chief of Staff for former Premier Dalton McGuinty, and Laura Miller, his Deputy, were charged with criminal breach of trust, mischief, and unauthorized use of a computer. The case concerned the alleged destruction of e-mails and other government records in 2013, relating to the cancellation of two gas-fired power plant projects in 2011.

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