Exceptions to the Right to Information: International Standards

1. ` Exceptions to the Right to Information: International Standards Prepared and Presented by Michael Karanicolas

2. Secret Information Open Information

3. Open Information Secret Information

4. Privacy: • The scope of the privacy exception is generally dependent upon the individual • Privacy is usually defined as identifiable information that pertains to an individual’s specific person or character and which that person does not ordinarily treat as public or open.

5. Privacy Can Include: • Name • Address • Occupation • Physical and mental status, including medical status • Financial status • Hobbies or personal interests

6. Privacy: Limitations • Cannot apply to information that is either in the public domain, or readily obtainable from public sources • Cannot be invoked where the personal information is about the requester, or the requester has obtained the person’s consent. • Government officials have reduced privacy as a result of their position

7. Commercial Interests: • Commercial activities = actions done for profit • Requirement for specific harm to a commercial interest or competitive position • The state of the marketplace can be relevant • Trade secrets = Information that is commercially valuable, used in one’s business, and maintained in secrecy such that disclosure would diminish the value of the information.

8. Commercial Interests: Limitations • Like privacy, this cannot be applied to information that is already broadly known. • Financial dealings between the government and private agencies should usually be disclosed.

9. Law Enforcement: • Protects criminal justice, as well as other regulatory schemes (health inspections, fisheries management etc) • Also protects against the release of incomplete investigations

10. Law Enforcement: Limitations • This exception cannot apply to completed or permanently suspended investigations • The public interest override is critical here, particularly with regard to monitoring police abuses

11. Internal Information: • The purpose of this exception is to protect the candour of the decision-making process, and it should be applied with that specific harm in mind

12. Internal Information: Limitations • This exception cannot apply to factual content • This exception cannot apply to final decisions or policy positions that have been adopted by the agency • This exception is also waived where the communication has already been shared with a party outside the government

13. Natural Resources • International standards do not exist for this exception since, according to international standards, this exception is not legitimate

14. Thanks for listening!