To look at, Albertas Freedom of Information and Protection of Privacy Act doesnt seem all that imposing: a mere

83 page sheaf of papers! "#t in the hands of the provinces p#blic bodies, the gossamer light pages t#rn into a heavy c#dgel #sed to prevent people from getting the information they deserve! $ike access to information la%s in many &#risdictions, Albertas F'IP Act provides p#blic bodies %ith several legitimate reasons to %ithhold information from an applicant: information that might compromise an ongoing police investigation or information that might be an #nreasonable invasion of someones personal privacy being &#st t%o e(amples! 'n paper, these sections are discretionary, saying a p#blic body ) may *my emphasis+ %ithhold information, if theres a concern over a breach in privacy! In reality, my e(perience has been far different: p#blic bodies always invoke these e(emptions, regardless of %hether its %arranted! And %hy %o#ldnt they- Albertas 'ffice of the Information and Privacy .ommissioner is hopelessly bogged do%n, %ith appeals and in/#iries taking years to complete! 0et access to information re/#ests by media o#tlets are #s#ally spa%ned by something happening at the time: controversial ne% legislation, a spending scandal, or a megapro&ect of d#bio#s benefit! T#rning do%n an access to information re/#est 1 no matter ho% &#stified the re/#est is 1 has all kinds of #pside for an embattled p#blic body and absol#tely no do%nside! There are no conse/#ences or sanctions for a p#blic body %hen the privacy commission *event#ally+ r#les against it! "#t for media o#tlets seeking information and for the p#blic %e serve, a favo#rable r#ling 1 %hen it comes t%o or three years after the fact 1 has a tremendo#s do%nside! 2o% effective is a freedom of information re/#est aimed at testing the necessity of a 3455 million pro&ect %hen the feasibility st#dy is released only after its b#ilt2o% can the p#blic &#dge a governments fiscal record %hen information abo#t key spending decisions is only released after election day- *6s#ally at 7:35 p!m! on a Friday before a long %eekend!+ It %o#ld be #nfair to say Albertas F'IP Act leaves the p#blic %itho#t any reco#rse! In fact, the Act contains a significant tr#mp card for applicants: 8ection 39, %hich states that, if an applicant can prove its in the p#blic interest to release the records they seek, it can override reasons the p#blic body has for %ithholding the information! 'n paper, 8ection 39 : and similar )p#blic interest, provisions in other &#risdictions : is a po%erf#l tool for the p#blic! In reality, Albertas privacy commission defines )p#blic interest, so narro%ly that

its often impossible to %in on those gro#nds! Albertas former Privacy .ommissioner, Frank ;ork, said beca#se 8ection 39s override po%ers are so broad, it m#st be #sed &#dicio#sly! Ad&#dicators m#st disting#ish bet%een information that is in the public interest vers#s information that is merely interesting to the public *emphasis added+! <#dicio#s #se of the p#blic interest section is fair eno#gh! "#t in my e(perience, it has been do%nright parsimonio#s! In Febr#ary 9549, I asked Albertas <#stice and 8olicitor =eneral department for any st#dies or pro&ections related to the impact the federal governments omnib#s crime legislation %ill have on the provinces co#rts and correctional system! ;hen I received heavily redacted government doc#ments that didnt ans%er my re/#est, I appealed immediately to the 'ffice of the Privacy .ommissioner, citing p#blic interest gro#nds! The ad&#dicator sided %ith the provincial government, saying my re/#est didnt meet the proper definition of p#blic interest! I ask yo#: if monitoring the administration of &#stice and %hether it is in keeping %ith o#r nations .harter principles isnt in the p#blic interest, %hat the hell is"ear in mind by this point, &#stice ministers in 'ntario and >#ebec had spoken o#t p#blicly abo#t the legislation and it %as *and contin#es to be+ the s#b&ect of a vigoro#s p#blic debate! In Alberta, its a state secret! In Febr#ary, I took the case to the ne(t level of appeal asked the Privacy .ommissioner to convene an in/#iry! Ive only &#st fo#nd o#t, si( months after that re/#est, that the privacy commission has agreed to hold an in/#iry! I havent been given a start date, b#t Ive been thro#gh eno#gh in/#iries to kno% they take months! I %o#ldnt e(pect a decision anytime in 9547! If it goes into 954?, that means Ill have %aited three years since my original re/#est! If privacy commissions have a diffic#lt time grasping %hat )p#blic interest, is, its little %onder the organi@ations #n%illing to part %ith the information in the first place have even less #nderstanding 1 or regard 1 for the concept! To their credit, government bodies have done a masterf#l &ob of portraying access to information re/#ests as ve(atio#s fishing e(peditions! ;hen Alberta 2ealth 8ervices %as embroiled in a scandal over e(ec#tives e(penses last year, chairman 8teven $ock%ood said the 3955,555 spent on a#dits and responding to freedom of information re/#ests %as the e/#ivalent to )47 hip s#rgeries!, Its disingen#o#s in the e(treme to s#ggest, as $ock%ood did, this money %as coming o#t of patient care 1 b#t from their perspective, none too s#btly implying )nasty reporters denied 47 Albertans hip s#rgeries, is a better spin than )Alla#din Aerali ble% close to 33?5,555 of ta(payers money on d#bio#s personal e(penses!, *This %orks o#t to abo#t 9? hip s#rgeries, if %ere playing that game!+

To o#r detriment in the media, %eve largely allo%ed governments to perpet#ate this false narrative! For years, reporters have privately commiserated %ith ne%sroom colleag#es abo#t arbitrarily delays and ridic#lo#s roadblocks, b#t %eve been rel#ctant to p#blicly complain o#t of concern that doing so %o#ld tip off the competition abo#t %hat %ere %orking on! Theres a gro%ing sense among reporters that this strategy isnt %orking, and that its time to embarrass government bodies by sho%ing the p#blic %hen theyre being #nnecessarily secretive! At this point, telling people abo#t my re/#est for information on the federal omnib#s crime legislation o#t%eighs any benefit of keeping it to myself! After all, %hat good is that information to me 1 or more importantly, to the p#blic 1 t%o or more years from no%The p#blic deserves to kno% the ans%ers to many important /#estions! The p#blic also needs to kno% the media is often asking those /#estions : and %hy %e dont have an ans%er!