2009

World Bank Letter

Disclosure_Consultations@worldbank.org

I am writing in support of the World Bank’s initiative to modernize its disclosure policy. Your Approach Paper entitled, Toward Greater Transparency: Rethinking the World Bank’s Disclosure Policy, represents a significant first step in advancing an access to information regime based on the “presumption in favor of disclosure”.

I have consulted with my provincial and territorial colleagues and it is within the context of the pan-Canadian experience that we wish to make the following observations regarding the proposed principles:

Maximizing access to information – Providing an explicit right of access to information in the possession of the organization, subject only to a limited set of exceptions, is a key element in promoting transparency and accountability. Canada’s Parliament chose to set out this right in legislation in accordance with the principles that government information should be available to the public, necessary exceptions to the right of access should be limited and specific, and decisions on the disclosure of information should be reviewed independently of government. The legislation also provides that it is intended to complement existing procedures for access and not to limit access to information normally available to the public.

List of exceptions that are easy to interpret and implement – Balancing the right of access with the need to protect particular public or private interests is an ongoing challenge. While your proposed exceptions are similar to those found in public sector legislation, they are not re-enforced by a duty on the part of the organization to demonstrate why information cannot be disclosed. Nor do they incorporate a responsibility to exercise discretion based on factors such as an assessment of a reasonable expectation of injury, the impact of the passage of time or the greater public interest in disclosure. The “Bank’s prerogative to disclose information” appears to be at odds with the “presumption in favor of disclosure” when it states that “disclosure of information that falls under the exceptions specified in the above paragraph is expected to be extremely rare, and carried out only by designated individuals under strict authorization procedures and guidelines.”

Clear framework for processing requests – The objective to routinely disclose as much information as possible on the Bank’s public website is commendable. This practice not only promotes transparency, it reduces the administrative costs of responding to formal requests. However, it is notable that the Approach Paper does not refer to timeframes for responding to requests for information. Prescribing limits and establishing incentives for responding to requests in a timely manner is critical. It is our experience in Canada that, in the absence of prescribed time limits and incentives, delays will become endemic.

Right to appeal – To address appeals from requesters who believe that access to information was unreasonably denied, the Approach Paper proposes establishing a five-member appeals panel chaired by a World Bank official. Although the panel would have the authority to reverse disclosure decisions and could include external members, the lack of an independent, external oversight body could seriously undermine the credibility of the decisions the panel renders.

The World Bank has a unique opportunity to establish an access regime that will positively influence the standards of the international banking community. If I or my colleagues can be of assistance in addressing or resolving any issues where our experience could be of benefit to you, do not hesitate to consult us.

In closing, we wish you success in your endeavors.

Yours sincerely,

Robert Marleau on behalf of: 

Ann Cavoukian Ph.D, Information and Privacy Commissioner of Ontario 

Gary Dickson Q.C., Information and Privacy Commissioner of Saskatchewan 

Judy Haldemann, Information and Privacy Commissioner of Prince Edward Island 

Irene A. Hamilton, Manitoba Ombudsman 

Elaine Keenan-Bengts, Information and Privacy Commissioner of Nunavut, Information and Privacy Commissioner of the Northwest Territories 

David Loukidelis, Information and Privacy Commissioner of British Columbia 

Dulcie McCallum, Nova Scotia Freedom of Information and Protection of Privacy Review Officer 

Tracy-Anne McPhee, Yukon Information and Privacy Commissioner 

Bernard Richard, Ombudsman of New Brunswick 

Ed Ring, Information and Privacy Commissioner of Newfoundland and Labrador 

Frank Work Q.C., Information and Privacy Commissioner of Alberta

c.c. The Honourable James M. Flaherty, Minister of Finance