By Esther Shainblum and Martin U. Wissmath

Ontario’s IPC Endorses Statement on Transparency and Access to Information

Ontario's Information and Privacy Commissioner (the “IPC”), Patricia Kosseim, has endorsed a global statement on access to information (“ATI”). The Public Statement from the 15th International Conference of Information Commissioners (“ICIC”), held virtually in Tirana, Albania, on June 5, 2024, is titled “Transparency and digital age: the information commissioner’s role and citizen empowerment” (the “ICIC Statement”). A media release published on the IPC website on June 13, 2024 announced the endorsement.

The ICIC Statement reaffirms the ICIC’s foundational principles, including inclusivity, universality, transparency, responsibility, ethics, accessibility, and accountability. The ICIC Statement emphasizes the importance of ATI as a “fundamental right” and “pillar to social, economic and democratic governance”, recognized in various international and regional human rights treaties, including the Universal Declaration of Human Rights, the Charter of Fundamental Rights of the European Union, the American Convention on Human Rights, and the Association of Southeast Asian Nations Human Rights Declaration, among others.

The ICIC Statement aligns ATI with the United Nations’ 2030 Agenda for Sustainable Development, particularly target 16.10, which advocates for public access to information and the protection of fundamental freedoms. It highlights the role of the Open Government Partnership (OGP) in fostering transparency and citizen engagement in governance.

Included in the ICIC Statement is a list of commitments by ICIC members, including “promoting innovation by recognizing the potential of digital technologies to enhance transparency” while emphasizing the need to protect privacy, data security, and ethical standards. Another commitment is promoting the concept of “transparency by design,” advocating for the integration of transparency principles into the early stages of designing systems and procedures. The ICIC members also commit to “advocating for the implementation of ATI laws and policies”, ensuring government accountability, and fostering a culture of transparency through collaboration and public awareness efforts.

The IPC noted the ICIC Statement’s acknowledgment of “the pivotal role of civil society and the media in advocating for ATI”, and “the transformative potential of digital technologies in enhancing transparency while prioritizing privacy and ethical considerations.”

Charities and not-for-profits that collect personal information of donors and members should note the importance of ATI in their own privacy practices and policies. The privacy principles listed in Schedule 1 of the Personal Information Protection and Electronic Documents Act include ATI principles and provide charities and not for profits with a guide for best practices in compliance with privacy requirements in Canada in the private sector. These principles include openness and transparency about an organization’s collection, use and disclosure of personal information, and providing individuals with access to their own personal information. 

​Read the August 2024 Charity & NFP Law Update