Tuesday, April 20, 2010

On perverse incentives

Lisa Austin highlights some of the inherent problems with how our access to information systems are currently designed (which the Cons are of course exploiting to their fullest) - but also notes that there's a straightforward solution:
One of the central problems with our access laws is that many important exemptions are discretionary. This means that the government “may” disclose the information that falls under such an exemption, but does not have to. In theory, this permits more disclosure than mandatory exemptions, but the problem lies with who exercises the discretion to disclose. The answer? The very government that might be embarrassed by disclosure.
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Usually,...deference is highly appropriate, as the decision-making body that is granted discretion often has specialized knowledge and expertise. In this case, it is a perverse consequence of a poorly designed regime: Those who have the strongest conflict with the public interest are precisely those empowered to determine the public interest.
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The problem of government discretion, built into the very structure of the law, is exacerbated by the numerous other ways in which the government can manipulate the processing of requests to avoid political embarrassment.

Many of these have been documented by the current interim information commissioner of Canada, past information commissioner reports and numerous media stories. They include creating administrative processes and pressures that interfere with the independence of access to information co-ordinators. They include not creating records in the first place if there is a worry that they might be subject to an access request. They include simply not providing the funding and leadership to make the access regime work.
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(J)ust as the current political context has provided us with ample evidence of Canada’s lack of open government, it can also provide us with its political solution.

The government is outnumbered. Perhaps the other parties will join together and do the right thing: Reform the legislation.

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