FIPA will always maintain and recognize that timeliness is a core performance measure in freedom of information. Access delayed is access denied.
We also feel the need to avoid the insanity of repeating the same actions and expecting different results. Timeliness is not the only factor.
Our fundamental question: How do we evaluate the performance of access to information regimes?
As part of our legal research, we want to find the best ways to measure or monitor the system. To start, we’ve developed and sent the following questions to Information Commissioners, Auditor Generals, and Ombudspersons across Canada.
We are optimistic that these inquiries and an interjurisdictional comparison can return insights that can lead to identifiable system improvements. It is our intention to summarize and publish the responses to these questions.
If you are interested in providing your own response to similar questions, you can provide your input through the following online survey. It can take as little as 6 minutes to complete and will remain open until June 30, 2023.
It is our intention to summarize and publish the responses to these questions.
Dear Commissioners, Auditors General, and Ombudspersons,
I hope this message finds you well.
As background, the BC Freedom of Information and Privacy Association (FIPA) is a non-partisan, non-profit society that was established in 1991 to promote and defend freedom of information and privacy rights in Canada. Our goal is to empower citizens by increasing their access and control over information. We serve a wide variety of individuals and organizations through programs of public education, public assistance, research, and law reform.
FIPA would like to understand your considerations in examining and evaluating the administration of public information rights and public bodies’ information management. We are seeking your input and insight as an expert, given the activities of you and your office intersect with ours in these areas.
This request is being sent to all provincial and territorial information and privacy commissioners, auditors general, and ombudspersons. While some of these offices have direct oversight of the legislation that governs the public’s access to information, all of these offices conduct administrative monitoring of public bodies in some capacity.
There are seven questions on the following page. We understand and appreciate the time and effort required to respond to them. Your contribution to this work will help us to better understand the steps that are being taken, or could be taken, to monitor and improve freedom of information processes across Canada.
It is our intention to summarize and publish the responses to these questions. We would appreciate answers in response by June 30th and aim to release any resulting report in the fall of 2023. Please include any documents or policies you feel relevant to our inquiries that would inform our research. If you have questions or wish to discuss this questionnaire, we welcome the opportunity to talk with you or your team.
Questions Regarding FOI Assessment
What are the key performance indicators you would consider:
of a well-functioning, rights-based FOI system?
in an audit or assessment that is recurring or ad hoc of an FOI system?
There are well-defined methodologies in program, policy, and information management evaluations. These methodologies can inform the evaluation of FOI regimes. What kinds of adaptations or points of emphasis should be considered when evaluating FOI regimes?
Many FOI regimes incorporate a statutory reporting requirement for government (e.g., an annual report to the legislature).
If such a requirement is in place in your jurisdiction, do the reports provide an accurate and complete overview of the functioning of the regime?
Considering the current reporting level of detail, what added quantitative or qualitative assessments of the regime would provide valuable insight?
Are there systems and statutory requirements in place to ensure timely follow-up and action to address your office’s recommendations and findings?
With declining trust in public institutions*, what can be done by these institutions to reduce mistrust and distrust of public bodies?
Are there steps that can be taken to increase trust when releasing information through access requests that address concerns of: over redaction; undue delay; political interference; and improper search for records?
If the access regime in your jurisdiction includes a public interest paramountcy clause, are there clear procedures in place regarding when and how it should be applied in the administration of the Act?
Are there any other insights you want to provide about strengths and challenges in the mechanisms used to report on the administration and evaluation of FOI in your jurisdiction?
This is post is a result of our access assessment research. We are getting meta with FOI, by using access requests to inform our research about access rights.
Have an idea for an access request that meets our criteria?
