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Exceptions to the Right to Exceptions to the Right to Information:Information:

International StandardsInternational Standards

Prepared and Presented by Prepared and Presented by Michael KaranicolasMichael Karanicolas

Secret Information

Open Information

Open Information

Secret Information

Privacy:Privacy:• The scope of the privacy exception is The scope of the privacy exception is

generally dependent upon the individualgenerally dependent upon the individual• Privacy is usually defined as identifiable Privacy is usually defined as identifiable

information that pertains to an individual’s information that pertains to an individual’s specific person or character and which specific person or character and which that person does not ordinarily treat as that person does not ordinarily treat as public or open.public or open.

Privacy Can Include:Privacy Can Include:• NameName• AddressAddress• OccupationOccupation• Physical and mental status, including Physical and mental status, including

medical statusmedical status• Financial statusFinancial status• Hobbies or personal interestsHobbies or personal interests

Privacy: LimitationsPrivacy: Limitations• Cannot apply to information that is either in Cannot apply to information that is either in

the public domain, or readily obtainable from the public domain, or readily obtainable from public sourcespublic sources

• Cannot be invoked where the personal Cannot be invoked where the personal information is about the requester, or the information is about the requester, or the requester has obtained the person’s consent.requester has obtained the person’s consent.

• Government officials have reduced privacy as Government officials have reduced privacy as a result of their positiona result of their position

Commercial Interests:Commercial Interests:

• Commercial activities = actions done for profitCommercial activities = actions done for profit• Requirement for specific harm to a commercial Requirement for specific harm to a commercial

interest or competitive positioninterest or competitive position• The state of the marketplace can be relevantThe state of the marketplace can be relevant• Trade secrets = Information that is Trade secrets = Information that is

commercially valuable, used in one’s business, commercially valuable, used in one’s business, and maintained in secrecy such that disclosure and maintained in secrecy such that disclosure would diminish the value of the information.would diminish the value of the information.

Commercial Interests: LimitationsCommercial Interests: Limitations

• Like privacy, this cannot be applied to Like privacy, this cannot be applied to information that is already broadly known. information that is already broadly known.

• Financial dealings between the Financial dealings between the government and private agencies should government and private agencies should usually be disclosed.usually be disclosed.

Law Enforcement:Law Enforcement:

• Protects criminal justice, as well as other Protects criminal justice, as well as other regulatory schemes (health inspections, regulatory schemes (health inspections, fisheries management etc)fisheries management etc)

• Also protects against the release of Also protects against the release of incomplete investigationsincomplete investigations

Law Enforcement: LimitationsLaw Enforcement: Limitations

• This exception cannot apply to completed This exception cannot apply to completed or permanently suspended investigationsor permanently suspended investigations

• The public interest override is critical here, The public interest override is critical here, particularly with regard to monitoring particularly with regard to monitoring police abusespolice abuses

Internal Information:Internal Information:

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

Internal Information: LimitationsInternal Information: Limitations

• This exception cannot apply to factual This exception cannot apply to factual contentcontent

• This exception cannot apply to final This exception cannot apply to final decisions or policy positions that have decisions or policy positions that have been adopted by the agencybeen adopted by the agency

• This exception is also waived where the This exception is also waived where the communication has already been shared communication has already been shared with a party outside the governmentwith a party outside the government

Natural ResourcesNatural Resources

• International standards do not exist for International standards do not exist for this exception since, according to this exception since, according to international standards, this exception is international standards, this exception is not legitimatenot legitimate

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