ETHI Committee Report
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CHAPTER 9: ACCESS TO INFORMATION AND PRIVACY COORDINATORSDuring the Committee’s hearings, there was some discussion about access to information and privacy (ATIP) coordinators. To ensure their accountability, Mr. Drapeau suggested that they be appointed by the Governor in Council.[236] However, this idea, which would make ATIP coordinators political appointees, was opposed by other witnesses, including Mr. Holman,[237] Mr. Wudrick,[238] Mr. Gogolek[239] and Mr. Marleau.[240] Minister Brison said that ATIP coordinators are independent and their decisions “ought not be influenced by ministers or ministers' offices.”[241] The Committee also heard from government officials. Ms. McCulloch explained that as Director of Access to Information and Privacy, she has the delegated authority and the discretion to make the day-to-day decisions.[242] Ms. Juneau,[243] Francine Farley of Justice Canada[244] and Dan Proulx of the Canada Border Service Agency[245] also said they have the necessary independence. Ms. Stoddart noted that the Independent Statutory Review Committee in Newfoundland and Labrador polled ATIP coordinators anonymously to find out how autonomous they felt they were and what the problems were from their point of view.[246] The Committee is of the opinion that the role of ATIP coordinators within government institutions requires further study in order to ensure their independence and autonomy. It therefore recommends: RECOMMENDATION 32 That as part of its review of the Access to Information Act, the Government conduct a study of the role that Access to Information Coordinators play within government institutions in order to ensure that they have the necessary independence and autonomy. [236] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 12 April 2016, 0850 (Michel Drapeau, Professor, University of Ottawa, Faculty of Common Law, as an individual). [237] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 1000 (Sean Holman, Vice-President, Canadian Association of Journalists). [238] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 1000 (Aaron Wudrick, Federal Director, Canadian Taxpayers Federation). [239] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 12 May 2016, 1005 (Vincent Gogolek, Executive Director, B.C. Freedom of Information and Privacy Association) [240] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 17 May 2016, 0930 (Robert Marleau, former Information Commissioner of Canada, as an individual) [241] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 5 May 2016, 0900 (Hon. Scott Brison, President of the Treasury Board). [242] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 17 May 2016, 0930 (Monique McCulloch, Director, Access to Information and Privacy, Shared Services Canada) [243] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 17 May 2016, 0930 (Marie-Claude Juneau, Director, Access to Information and Privacy, Canada Revenue Agency). [244] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 17 May 2016, 0930 (Francine Farley, Director, ATIP Operations, Information Solution Branch, Justice Canada). |