ABOUT THIS EPISODE
How do we know whether a freedom-of-information system is actually working? Counting closed files and measuring response times tells only part of the story.
In this Access and Privacy Commentary, host Patrick Farnsworth speaks with FIPA researcher Spencer Izen, author of Drawing Access Together, alongside FIPA Executive Director Jason Woywada and President Mike Larsen.
The report draws on approximately three years of research involving 56 B.C. public bodies and more than 36,000 pages of policies, procedures, training materials and other records. It finds that public bodies frequently document how an FOI file moves through the system more clearly than how responsive records are found or how legal decisions about redaction are made.
The panel discusses why recordkeeping is the foundation of access, why redaction is legal work, and why the statutory maximum for responding to a request should not become the ordinary timeline. They also examine the report’s central proposal that FOI performance be evaluated on correctness: whether the right records are found, the law is applied properly and information is released at the right time
Listen to the discussion, read Drawing Access Together, and join the conversation about effective and accountable public administration.
The scope, findings and recommendations summarized in this description are drawn directly from the final report and FIPA’s release materials.
Drawing Access Together:
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SHOW NOTES 🔗
TRANSCRIPT 🔗
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Welcome to Access and Privacy Online, the podcast where we delve into the latest
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issues, challenges, and advancements in access to information and privacy rights.
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Today we are looking beyond the usual question of how quickly government answers
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a Freedom of Information request.
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FIPA's Final Access Assessments Report, Drawing Access Together,
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asks whether public bodies can find the right records, apply the law correctly,
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and preserve the information needed for Accountable Government.
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I'm Patrick Farnsworth. Joining me are report author Spencer Eisen,
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FIPA Executive Director Jason Wojwada, and FIPA President Mike Larson. Let's dive in.
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Well, I'm glad we're all here together. It's been a while. Spencer,
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first, just want to really congratulate you for such a huge project.
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You completed it. You said it was something almost like four years in the making.
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So congratulations, truly. You pulled it off.
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Thank you very much. It was many years of my life that went into it.
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I'm very happy I went into it. And I've made a lot of lovely friends along the
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way and some fantastic mentors as well that got it to this point.
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So very much a team effort, even though I was the lead researcher on it.
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Yeah, it's about the journey, not the destination. But you are at the destination,
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thankfully, seemingly.
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Yeah. Yeah. Well, Spencer, thanks for coming back on. We have talked about this
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report over the past couple of years or something since we started this podcast,
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it seems like. So it's really great that we're at this point in it.
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So, Spencer, the first question we're going to start us off with is,
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you know, for the listeners who have never filed a Freedom of Information request
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or maybe have never needed to,
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what was FIBA trying to understand through access assessments?
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And why did you decide to use FOI to study FOI?
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Right. Well, I think the original idea to use FOI, to study FOI, came from Jason.
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I had spent a summer with FIPA in 2022 after I graduated high school.
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Just as a research assistant, I'm supporting with a few projects,
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largely a news monitoring project.
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But I'd been a journalist effectively for two years at that point,
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so I was familiar with FOI.
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I had cared about it. I had followed the introduction of Bill 22 in 2021 that
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introduced a $10 fee for general freedom of information requests in BC.
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So I was familiar with the politics of FOI.
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And I think to sum up our original conversations between Jason and I in late 2022.
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Both of us were not satisfied with the way that we popularly understood FOI through metrics alone.
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Timeliness was not the only thing that we cared about.
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As applicants, as advocates, there was essentially more to the FOI story than
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just how long it was taking for a request to be processed or how many pages were involved.
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In a particular request, knowing this is important,
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but it's not going to get us across the finish line to understand what's bad
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about a $10 fee, what that's going to do to the applicant experience,
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whether or not we should reasonably expect it to make,
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FOI faster, as the government told us five years ago now.
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So this project was born out of a mutual desire between Jason and myself to
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figure out a different way of understanding how freedom of information was administered
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and how we could actually understand that.
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We spent a year poking around trying to figure out what kinds of documents exist.
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This was, I think, largely to my benefit as someone who had never worked in
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a large organization before.
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FIPA, I mean, my newspaper that I work at still has a lot of volunteers,
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about 100, but I've never worked in something the size of the BC Public Service before.
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So the variety of literature that you might encounter there was entirely unknown to me.
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And pretty much the best insight I had into it was a British television show
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called Yes, Minister from the 80s, which is both out of consonants and out of date for what we do.
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So, but after that, then I drilled down and had become, through my schooling
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at UBC, a real student of science technology studies, developed a real interest in documentation.
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I think the book I would credit to that, it's somewhere on my desk, actually.
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The first book that got me really thinking about documents, because this whole
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study is Information in Society by Michael Buckland. It's part of the MIT Essential Knowledge Series.
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I re-read it again recently for another reason and I forgot just how much of
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the study was actually driven by a desire to think about what is significant
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about a document not only as,
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an object that we can treat as a unit of data like I was doing for my study but also,
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as something that's politically significant like ultimately the purpose of freedom
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of information is to transfer a document from one person to another and we hope
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that that exchange of information is going to result in something democratically desirable.
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So that's essentially where the study came from, is we didn't think that numbers
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alone could tell us enough.
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So we wanted to look under the hood and figure out how freedom of information
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actually works. And this study is what we ended up with.
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Yeah, just to follow up on that, what can we understand about the internal policies,
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the procedures, the training materials,
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I mean, what can they tell us about how an access system works that annual statistics cannot?
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Right. I mean, in this sense, this is the most agonizing question of my methodological journey.
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This isn't really the type of research that I realized early on.
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You're going to find a lot of people doing. You'll find a lot of historians,
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I realized very late in the game, who obviously exclusively know the past through documents.
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Even then, they're working with a fair amount of dialogical texts.
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You've got correspondence, you've got letters.
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People are being very candid about differences of opinion.
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But working with monological texts, texts that aren't really speaking to a particular
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person, like a manual, like a policy, like a guideline.
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Those are not subject to the same degree of systematic, interpretive,
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or scientific research that most documentation is.
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So that was the first challenge, is actually finding a way to actually answer
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that question, is what can we tell about a document?
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I wasn't satisfied by more discursive approaches that would argue these documents
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are a reflection of priorities, or they can reveal something,
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deep down about the essence of the public service. There is a large school of research about that.
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I didn't think it worked for this because of my training, and technically the
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program is called informatics, but what I didn't want to do is to make a bunch
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of claims as a new researcher.
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With a kind of novel method that we're perhaps reading into things too much.
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And it was very, like, I remember going, reading a lot of early studies and
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articles and a few methods textbooks that would encourage researchers to look for absences.
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And I got kind of disheartened by that at a certain point, because on one hand,
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it was very easy to be like, okay, yes, I can see what's absent.
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And that's very easy when you're just reading that book to kind of intuitively,
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say to yourself, oh, yeah, okay, I look for things that are present and are absent.
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The things that are absent indicate what's a priority and what's not easy.
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Then you look at the document and you say to yourself, I have no idea what I'm looking at.
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I'm looking at deeply decontextualized bureaucratic literature in the form of,
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potentially thousands of pages in one PDF.
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I have no idea who wrote this. I have no idea when it was written,
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whom it was for, what the author wasn't able to do.
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Increasingly, as I became a producer of this kind of document myself for my
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other job, I started to have a
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lot more empathy for the people who were producing similar kinds of texts.
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Ultimately, what I wanted to, I settled on.
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For what these documents can tell us is they can tell us about where the frame
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of reference exists for the mission of any sort of public service unit.
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The degree to which something is elaborated on or is completely discarded can
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indicate to us whether that's on the periphery or at the center of how an organization kind of imagines.
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Its own functions. So, for example, a lot of the absences that we saw when it
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came to texts about freedom of information that I'm most interested in were
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about how to actually pursue freedom.
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Redaction or severance? How do you actually decide this is policy advice?
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This is injurious to a public body's financial interest?
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Those questions are not easy to answer.
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For us, and when I say us, I mean the general public, they're the essence of
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what we care about for freedom of information.
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Freedom of information never makes the news because there's some sort of new
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procedural update with who starts redacting the documents, and whether that's
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changed from the records management officer and,
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now it's going to be this new rule.
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Delegation of authority charts never make the news. What does is whether something
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was withheld or not or disclosed or not.
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That's the essence of what we care about. But as we looked closer to the actual,
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everyday practice of severing documents, we found that.
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The essence, the things that we care about, the mission, the purpose of freedom
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of information increasingly got displaced by a focus on a lot of assembly line rhetoric.
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So I think ultimately what the documents told us is that they weren't reflections
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or reproductions of ideas. They didn't reveal anything deep down.
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They were the material manifestation of those ideas.
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There's no metaphor to kind of connect the idea and the practice.
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It's simply the idea and the practice are one, and the document is the reality
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that we were looking at, which was caveated with a massive, massive disclaimer
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methodologically for us, which is we don't want to actually say,
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that we can tell everything about practice, because to do that,
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we would have had to engage in participant observation. We would have had to
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speak with FOI coordinators. We would have had to do a more holistic ethnography.
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But we did not, at the same time, want to treat these documents as something
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where we could peer in too closely as outsiders and accidentally read way too
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far without being grounded by the realities of everyday life and the public service.
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Okay. Yeah, you know, I mean, you've already kind of alluded to this,
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or we've said it in different ways, but I mean, this is a massive project.
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You examined, I don't know if you said this already, but you examined 56 public
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bodies and more than 36,000 pages of records.
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Before we get into those details, though, I mean...
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I mean, you alluded to this, but if you could just say, you know,
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what was the single most important finding? If you could think of one thing
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that you want the public and decision makers to understand about this work.
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Ooh, okay. Yeah. I mean, I spent most of my early days talking about early days, like I'm 70, I'm 22.
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I spent most of my early time reading literature updating Jason Weakley and
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Mike on what I learned about the sociology of discretion and what I learned about,
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records management on a very technical level.
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I had a lot of very, very exciting conversations about what is and is not any
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electronic documents and records management system, whether metadata application
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profiles the right way to go about securing metadata capture.
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But that stuff is really fascinating. But I think what to this day, like really,
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and from the feedback I've gotten from folks that have read the report,
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it's very late one night when I was writing the final draft,
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there was an issue that I had been encountering for years,
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something I was seeing that I had no way to describe.
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And it just, it literally dawned at me in about four in the morning,
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the day that I was, the report was due.
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There was a document I was looking at from a ministry, I can't remember which ministry.
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And it said, the purpose of this document is to comply with established standards.
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It's 4 a.m. I'm mostly made of iced chai at this point, and that's how I'm getting
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through this. And I just look at it, and I remember thinking,
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oh my god, this is bullshit.
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And not necessarily in the ordinary sense, but in the sense of,
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there's a philosopher named Harry Frankfort, who wrote On Bullshit in 1986.
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In the early 2000s, it became a small book.
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We published in that essay with Princeton University Press and was all about,
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the philosophical or specifically ethical communicative implications of what it means to bullshit.
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His definition of it was, it's communication that has no fidelity to reality.
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You're completely disinterested in truth. It's different from lying because
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someone who lies, according to Frankfurt, or at least has to care about the
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value of truth in order to actually be successful with their utterance.
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Bullshitters don't actually rely on that. It's the act of excreting communication
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with no interest in whether or not it has any relationship to reality.
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For me, when I looked at that document.
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It radiated analogies to all of these other instances where I had seen a word
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in a document alleged that another document exists,
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And I would know it doesn't. So specifically, in this case,
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I was thinking, okay, for there to be established standards,
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that very, very heavily implies that such standards exist in textual form. Standard is the most.
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Interesting word to use for this phenomenon to exist, because it literally needs
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to be able to standardize something across people.
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The way you do that in Western bureaucracies is to put it in an inscription,
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a document, and be able to circulate that among people.
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So for a document to say, oh, yeah, we're complying with standards,
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that to most readers, I think a charitable reading, one that's actually really
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interested in taking this text seriously, would say, oh, okay,
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I assume there's a standard out there I can go look at if I'm curious.
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But, you know, being in this for years and looking at that public body's total
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release package that they provided us, there were no established standards.
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And then I thought to myself, okay, this is not only is this sociologically
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significant or philosophically significant following Frankfurt,
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but there's something politically undesirable about what I'm seeing.
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It was very very it reminded me almost of the way my principal talked to me
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as a high school student journalist uh uh.
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And and the vancouver school board used to and their their officials when i
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was 17 and 18 is there was this sort of cling to authority that
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it it wasn't actually necessary in this scenario no one would have faulted the
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public body for not having established standards um uh,
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to the same degree that we would fault them for,
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indicating that such a standard exists and,
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And then kind of creating the illusion of authority with having no intention
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of actually following through on it.
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That whole document did something, I think, rather nefarious,
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which is to allege that a document exists and to attempt to use the idea of
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standardization, to attempt to use the idea of a documentary authority,
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and to use that in a way that I think is kind of manipulative.
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Even though it's on a very small scale and I don't think this is by any means.
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This is not me trying to be alarmist about it but I think that this propensity to engage in bullshit,
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of this variety and I don't have a name for it yet I think I called it infelicitous
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intertextuality or something like that but I think a linguist would not be okay
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with that usage on either of those words,
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but I'll come up with a different name for it But I think the idea that you're
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willing to commit to documentation, something that you don't really believe
00:17:27.223 --> 00:17:32.903
in, is rather dangerous for anyone who's exercising authority on the public's behalf.
00:17:32.903 --> 00:17:36.637
That is what I think is most concerning about that, what I saw.
00:17:37.183 --> 00:17:42.503
For years, Jason and I had been talking about this, and I finally stumbled upon
00:17:42.503 --> 00:17:43.806
a name at that point in time.
00:17:44.677 --> 00:17:48.813
But I think that's what stands out to me, is that a lot of the documentation
00:17:48.813 --> 00:17:53.947
that I was really trying to interpret charitably, I was not looking for.
00:17:56.683 --> 00:18:00.533
Gotcha moments where I could point out and calculate differences between the
00:18:00.533 --> 00:18:04.973
ideal and the reality. I was just simply trying to step into the worldviews
00:18:04.973 --> 00:18:07.804
that were as honestly as I could read them.
00:18:08.483 --> 00:18:13.063
And that was what I came away with thinking, is that this isn't a document that
00:18:13.266 --> 00:18:18.193
I can trust, which is really an affront, actually, to the idea that was in this
00:18:18.193 --> 00:18:20.347
book about information and society is like,
00:18:20.684 --> 00:18:24.870
The whole reason we have documents is, yes, collapsing space and time is important,
00:18:24.870 --> 00:18:29.891
but we also need to be able to trust what's in that document between people.
00:18:30.541 --> 00:18:34.610
And to see the power of that technology and documentation used that way,
00:18:36.253 --> 00:18:38.726
I think about it every day. I think about it every day.
00:18:39.550 --> 00:18:41.355
So that's, I think, what stands out to me.
00:18:42.238 --> 00:18:48.014
So one of the report's clearest message is that a public body can't disclose what it cannot find.
00:18:48.443 --> 00:18:51.520
So what did the research reveal about how records are created,
00:18:51.520 --> 00:18:54.760
organized, searched for, and retrieved as part of all of this, right?
00:18:54.760 --> 00:18:58.810
We've identified that a lot of these documents don't exist, and they may be
00:18:58.810 --> 00:18:59.990
bullshitting about this stuff.
00:18:59.990 --> 00:19:03.902
But what did the research reveal when you were looking at this stuff?
00:19:04.738 --> 00:19:08.980
Yeah, like on specifically records management, I mean,
00:19:11.040 --> 00:19:15.740
the archival literature that I encountered split the kind of imagined users
00:19:15.740 --> 00:19:20.650
for records into two groups primary and secondary users primary users were the
00:19:20.650 --> 00:19:23.596
creators those who were trying to uh,
00:19:24.820 --> 00:19:30.200
create evidence of action in a record secondary users are like most foy applicants
00:19:30.200 --> 00:19:34.602
people who are are detached from the original uh um,
00:19:35.537 --> 00:19:40.874
environment in which the record was created. So I kind of immediately realized
00:19:40.874 --> 00:19:46.684
that I needed to, in order to understand FOI and understand its relationship
00:19:46.684 --> 00:19:49.084
with the Information Management Act, British Columbia's,
00:19:50.764 --> 00:19:51.913
record keeping statutes,
00:19:52.894 --> 00:20:00.724
I needed to figure out how to genuinely understand records management as a field of practice.
00:20:00.724 --> 00:20:04.664
So I invested a lot of time looking in records management textbooks.
00:20:05.244 --> 00:20:10.224
I attended a lot of our records management conferences. I got a lot of fantastic
00:20:10.224 --> 00:20:12.200
feedback from professional archivists in BC.
00:20:13.224 --> 00:20:19.684
But when I wrote you can't disclose what you can't find, I was trying to call attention to.
00:20:22.384 --> 00:20:28.884
This issue to two audiences. One, the easier audience is archivists themselves
00:20:28.884 --> 00:20:35.182
and records managers who who are fantastic about putting the values of their profession up front.
00:20:35.784 --> 00:20:40.360
Every time I've had a conversation with an archivist, inevitably and very quickly,
00:20:40.783 --> 00:20:44.572
Trust, democracy, truth will always come up.
00:20:45.092 --> 00:20:48.942
And I think what I admire about that profession is their willingness to put
00:20:48.942 --> 00:20:55.452
their ethics at the forefront of what they do. It reminded me of what I love about journalism, too.
00:20:55.585 --> 00:20:59.162
But I think what else I was trying to get at for the FOI audience,
00:20:59.162 --> 00:21:04.912
the FOI crowd, is that we have to care about records management for reasons
00:21:04.912 --> 00:21:08.912
that are not only about freedom of information.
00:21:08.912 --> 00:21:13.302
We have to make sure that a records management system actually serves the folks
00:21:13.302 --> 00:21:14.886
who work in the public service.
00:21:15.492 --> 00:21:19.022
If they're unable to retrieve a record in their everyday context,
00:21:19.022 --> 00:21:24.464
if they spend 10 to 20 percent, it's a number that's often thrown around,
00:21:25.972 --> 00:21:31.422
of their working life looking for things, that are in shared drives that are
00:21:31.422 --> 00:21:33.264
misclassified, that are outdated,
00:21:34.152 --> 00:21:37.072
that too many lines of business system, one line of business system is brand
00:21:37.072 --> 00:21:41.124
new and you can't retrieve anything from it, It's not subject indexed. It has no.
00:21:43.272 --> 00:21:48.382
There's no metadata. That is a problem for the primary users.
00:21:48.382 --> 00:21:52.892
And the primary users are in no way able to fulfill the needs of the secondary
00:21:52.892 --> 00:21:56.842
users, FOI applicants, if their needs aren't met.
00:21:56.842 --> 00:22:01.272
So what I was trying to get at is like records, like if we want to do something about,
00:22:02.092 --> 00:22:05.972
freedom of information, I'm obviously all on board with spending as much time,
00:22:06.672 --> 00:22:10.052
as humanly possible talking about the definition of policy advice,
00:22:10.052 --> 00:22:12.372
how we can know it, and how we can develop,
00:22:13.372 --> 00:22:19.262
ways of knowing to expedite correctly determining whether a record should be disclosed or withheld.
00:22:19.262 --> 00:22:21.432
But retrieval is just important.
00:22:22.012 --> 00:22:24.782
We cannot do any of that until we found the right documents.
00:22:25.137 --> 00:22:26.361
The government of British Columbia.
00:22:27.526 --> 00:22:32.503
Is increasingly describing itself as facing a sea of FOI requests.
00:22:33.346 --> 00:22:36.596
And they love to say complex requests.
00:22:37.266 --> 00:22:43.106
I yearn for definition of that. Recognizing that actually classifying that is extremely difficult.
00:22:43.672 --> 00:22:47.856
The literature on information retrieval has studied this. I had a professor
00:22:47.856 --> 00:22:51.735
who wrote the seminal paper in information search complexity.
00:22:52.060 --> 00:22:57.746
So I'm sympathetic, but also a bit's peeve that we haven't got beyond the complex
00:22:57.746 --> 00:23:00.007
request terminology and we don't have a better idea of it.
00:23:00.257 --> 00:23:04.356
But one way to do that is actually to invest in records management,
00:23:04.356 --> 00:23:09.576
not necessarily, again, because we care about FOI, but we care about improving
00:23:09.576 --> 00:23:13.461
public service efficiency because we care about service delivery.
00:23:14.366 --> 00:23:19.829
The records management radiates benefits to all of those functions.
00:23:20.108 --> 00:23:23.782
That's what I meant by you can't disclose what you can't find.
00:23:24.223 --> 00:23:24.560
Yeah.
00:23:24.891 --> 00:23:28.306
Now, you know, we've been using the language of freedom of information a lot
00:23:28.306 --> 00:23:29.726
as we've been talking about this right now.
00:23:29.964 --> 00:23:33.946
And British, part of the study, though, was quite deliberate about making sure
00:23:33.946 --> 00:23:36.076
that we were also considering the Information Management Act,
00:23:36.076 --> 00:23:41.917
right? Because BC has an Information Management Act and a duty to document for government decisions.
00:23:42.329 --> 00:23:47.326
Yet the report found little evidence that those obligations had reshaped every
00:23:47.326 --> 00:23:50.015
public service record-keeping responsibility.
00:23:50.363 --> 00:23:53.556
Do we have any insight into sort of
00:23:53.556 --> 00:23:58.577
why this gap between the law and its implementation seems so significant?
00:24:00.286 --> 00:24:03.646
I wish we did. Unfortunately, we don't know what happened to duty-to-document,
00:24:03.646 --> 00:24:07.330
largely on account that it wasn't documented, rather ironically.
00:24:07.620 --> 00:24:16.566
We asked, I think, in 2024 or early 2025, I can't remember, for copies of documents
00:24:16.566 --> 00:24:20.626
that we knew or we were led to believe existed.
00:24:20.626 --> 00:24:22.899
It's called duty-to-document readiness assessments.
00:24:23.172 --> 00:24:28.872
They were supposed to be conducted by all ministries in 2018 or 2019.
00:24:29.964 --> 00:24:32.007
We did not receive a single one.
00:24:33.106 --> 00:24:38.046
There was only one or two ministries of the BC Public Service that actually
00:24:38.046 --> 00:24:41.726
had any mention of DDT documents in their own,
00:24:42.366 --> 00:24:45.816
or rather documents in government decisions is the technical term for it as
00:24:45.816 --> 00:24:53.160
it was adopted in British Columbia via an order or a directive under the Information Management Act.
00:24:53.906 --> 00:25:00.626
But that statute, we found no evidence, as you said, that this has informed,
00:25:01.126 --> 00:25:05.586
everyday administrator practice, which is really upsetting because I think,
00:25:07.786 --> 00:25:12.106
as someone who's over the past two years become responsible for an office and
00:25:12.106 --> 00:25:14.458
setting up a shared drive and teaching people how to use it.
00:25:17.006 --> 00:25:21.556
It makes everyone's life infinitely easier when we have records management.
00:25:21.556 --> 00:25:29.522
And I've really devoted myself as a kind of peripheral member of the archival community to,
00:25:30.472 --> 00:25:35.078
amplifying the importance of records managers in organizations,
00:25:36.612 --> 00:25:41.992
much in the same way that I think we shouldn't disrespect accountants for what
00:25:41.992 --> 00:25:46.316
they do to uphold the financial integrity of institutions, private and public.
00:25:47.792 --> 00:25:54.234
I sincerely believe that information professionals are severely undervalued,
00:25:54.490 --> 00:25:56.632
not only in British Columbia and across Canada.
00:25:57.072 --> 00:26:05.052
I think their expertise is deserving of statutory authority to implement interventions
00:26:05.392 --> 00:26:10.127
across public bodies, as well as to audit record-keeping practices.
00:26:10.912 --> 00:26:15.702
I think that what we've seen from a decade of the Information Management Act,
00:26:15.702 --> 00:26:21.892
which largely it's about setting up the digital archives, about creating the
00:26:21.892 --> 00:26:23.525
position of the chief records officer,
00:26:24.252 --> 00:26:29.272
we haven't seen the potential of the chief records officer fulfilled,
00:26:29.692 --> 00:26:34.555
even with its fairly narrowly cast and resource objectives now.
00:26:35.256 --> 00:26:42.657
The annual reports under the chief records officer jurisdiction are extremely trite.
00:26:44.345 --> 00:26:49.305
I was very displeased as someone who's excited about going into government one
00:26:49.305 --> 00:26:55.695
day, and I was 18, 19 years old starting this, that there were copy-pasted provisions year to year.
00:26:57.965 --> 00:27:02.485
Across those documents. They're becoming more like presentations. I think something,
00:27:03.405 --> 00:27:09.195
not innocent happened when those annual reports shifted from a letter to landscape
00:27:09.195 --> 00:27:13.725
orientation, and they became increasingly public relations exercises.
00:27:13.725 --> 00:27:17.035
I don't think that's just a trivial graphic design choice.
00:27:17.035 --> 00:27:21.825
I think that is indicative of an attempt, or not an attempt,
00:27:21.825 --> 00:27:28.235
rather, but a devaluation of being annually accountable for record-keeping to
00:27:28.235 --> 00:27:29.810
the Legislative Assembly.
00:27:30.071 --> 00:27:37.695
So for all of those reasons and all of that, I think that the Information Management
00:27:37.695 --> 00:27:40.555
Act is due for renovation.
00:27:40.555 --> 00:27:45.141
I think British Columbia, you know, this province was an international leader,
00:27:47.345 --> 00:27:51.885
in record keeping in the 1980s and 90s with the Administrative Records Classification
00:27:51.885 --> 00:27:54.371
System and the Operational Records Classification System.
00:27:54.563 --> 00:27:59.065
I understand there's been some work in the Ministry of Citizen Services to transform
00:27:59.065 --> 00:28:02.867
that. I think that it's literally called the Transformation Project or something very similar to that.
00:28:04.585 --> 00:28:10.985
I say we keep going. I say it's time to open up AIMA and really empower archivists
00:28:10.985 --> 00:28:14.665
to be able to lead this across the province. Because, again.
00:28:17.065 --> 00:28:22.918
We can talk about freedom, democracy, whether something should be secret or shouldn't be secret.
00:28:23.684 --> 00:28:27.655
If we cannot find it, like we said in the reports, there is no use having that conversation.
00:28:28.358 --> 00:28:31.761
So who should be responsible for checking whether public bodies are complying?
00:28:31.761 --> 00:28:33.281
Because that's a critical element here.
00:28:33.530 --> 00:28:36.491
We've long been advocating that somebody needs to be responsible.
00:28:36.491 --> 00:28:37.704
Have we got an answer to that yet?
00:28:38.778 --> 00:28:44.661
No, I think that part of my hesitancy to come down with a strong recommendation is my,
00:28:45.881 --> 00:28:49.981
wanting to give that to, honestly, records managers and archivists to be able
00:28:49.981 --> 00:28:54.321
to testify to and give them the freedom to define how their profession wants
00:28:54.321 --> 00:28:56.981
to be empowered. But I do think they need something.
00:28:59.821 --> 00:29:03.552
I think there's a few models that are interesting in Scotland,
00:29:05.421 --> 00:29:07.281
in Australia, at the state level, in New Zealand.
00:29:08.156 --> 00:29:15.301
But I'm not a scholar of comparative archival legislation by any means.
00:29:15.901 --> 00:29:19.991
I think I was more familiar a few years ago, but as I honed in on some other
00:29:19.991 --> 00:29:21.693
things, that fell off my radar a little bit.
00:29:22.608 --> 00:29:28.304
So, what I will say is that we do need someone who's independent of government, though,
00:29:30.308 --> 00:29:35.468
or at least has some guarantee of consistent resourcing, which I don't think
00:29:35.468 --> 00:29:38.132
is what we're seeing with the chief records officer right now.
00:29:40.168 --> 00:29:44.778
I don't think we've collected an audit that was actually conducted under IMA to date.
00:29:45.588 --> 00:29:49.138
There's authorities that are not being used, and I think we need to put some
00:29:49.138 --> 00:29:54.498
money behind that. As to where that goes, I'm not sold on it being the information
00:29:54.498 --> 00:29:55.522
and privacy commissioner.
00:29:56.228 --> 00:30:01.268
We're already seeing a bit of portfolio adjustments for IPCs across the country
00:30:01.268 --> 00:30:04.799
with the introduction of digital safety legislation at the federal level,
00:30:05.648 --> 00:30:09.968
and some questions about the relationship between the new digital safety commissioner
00:30:09.968 --> 00:30:11.933
and the Office of the Privacy Commissioner of Canada.
00:30:13.088 --> 00:30:16.292
This isn't a new form of expertise.
00:30:17.688 --> 00:30:22.078
It's not something we can pack on to the IPC or to the OIPC or to an auditor
00:30:22.078 --> 00:30:24.315
general for that matter and say, go figure it out.
00:30:25.203 --> 00:30:29.468
If we just do that, there's no value. I think we're just wasting money.
00:30:29.468 --> 00:30:36.108
I think that in whatever location, architecturally, that work takes place,
00:30:36.108 --> 00:30:39.692
it needs to be led by archivists and records managers.
00:30:40.808 --> 00:30:45.748
They're the ones who know about this very, very complex field who have centuries
00:30:45.748 --> 00:30:47.978
of tradition associated with it to
00:30:47.978 --> 00:30:52.381
be able to evaluate good and not good record-keeping practices to support.
00:30:54.888 --> 00:30:57.611
The implementation of new technologies into the public service.
00:30:57.808 --> 00:31:00.998
Archivists have a lot of exciting ideas about how to do that.
00:31:00.998 --> 00:31:04.554
They're just simply interested in making life better for those who work there,
00:31:05.348 --> 00:31:08.629
which also happens to benefit everyone who funds that, a citizens.
00:31:09.488 --> 00:31:16.438
So I think I'm... I don't have a really clear view myself of where this work
00:31:16.438 --> 00:31:18.294
should take place, but I certainly know who should do it.
00:31:18.969 --> 00:31:22.579
Well, I was going to say all power to the archivists and record managers, for sure.
00:31:22.719 --> 00:31:23.113
Yeah.
00:31:25.151 --> 00:31:31.842
Yeah. Well, Spencer, you know, you describe severance or redaction as inherently
00:31:31.842 --> 00:31:37.042
legal work, but many of the documents you reviewed describe FOI mainly as the
00:31:37.042 --> 00:31:38.996
movement of a file through a process.
00:31:39.565 --> 00:31:44.244
And so what gets lost when legal reasoning is treated as workflow?
00:31:45.903 --> 00:31:52.762
I think what gets lost is the fact that there's another book on my desk that
00:31:52.762 --> 00:31:53.900
describes this pretty well.
00:31:54.612 --> 00:31:59.989
It's called The Reflective Practitioner, How Professionals Think in Action.
00:32:00.239 --> 00:32:07.982
So the author, Donald Schoen, makes a distinction between technical rationality
00:32:07.982 --> 00:32:09.806
and reflection in action.
00:32:10.432 --> 00:32:16.552
And for him, technical rationality is essentially the underlying idea behind
00:32:16.552 --> 00:32:21.259
what I described as an assembly line way of thinking about FOI.
00:32:21.498 --> 00:32:22.873
It's about problem solving.
00:32:23.186 --> 00:32:28.562
And what gets lost when you only focus on problem solving, when you only focus
00:32:28.562 --> 00:32:32.842
on implementation, and you don't reevaluate constantly the premises that your
00:32:32.842 --> 00:32:36.689
work is taking place, you lose the ability to actually question those premises.
00:32:38.912 --> 00:32:45.992
And name the problem. You forget that part of, again, the essence of freedom
00:32:45.992 --> 00:32:50.677
of information is that decision about whether to withhold or not withhold the documents.
00:32:51.892 --> 00:32:56.462
The essence of freedom of information is not, I'm uploading this to a shared
00:32:56.462 --> 00:33:00.586
portal so the next person can do whatever they're assigned to do with it.
00:33:01.660 --> 00:33:05.652
That's not justiciable when we take it to the OIPC. The essence of freedom of
00:33:05.652 --> 00:33:10.652
information is those decisions, is owning the judgments that we make about that
00:33:10.652 --> 00:33:12.011
and being able to justify them.
00:33:12.318 --> 00:33:16.912
I think what else that gets lost, and I anticipated a question like this would
00:33:16.912 --> 00:33:24.502
come up, and the way I kind of framed what I was interested in is I looked at a lot of OIPC orders.
00:33:24.502 --> 00:33:28.102
And there's a lot that I can't appreciate about what goes into them because I'm not a lawyer.
00:33:28.912 --> 00:33:34.692
But what I did notice is they remind me almost of—.
00:33:36.442 --> 00:33:39.152
In elementary school, when we were being taught the scientific method,
00:33:39.152 --> 00:33:42.022
we were always taught that there needs to be a method portion,
00:33:42.022 --> 00:33:44.704
there needs to be an introduction portion, there's your hypothesis,
00:33:44.925 --> 00:33:49.762
there's discussion, and then a statement about your actual results, or some order like that.
00:33:49.762 --> 00:33:51.612
There's acronyms for the natural
00:33:51.612 --> 00:33:55.432
sciences, like IMRAD, that describe the structure of a scientific paper.
00:33:55.432 --> 00:34:02.092
There's lots and lots of literature about the internal anatomy of scientific
00:34:02.092 --> 00:34:05.792
publications, largely the natural sciences, but I think there's also some work
00:34:05.792 --> 00:34:07.993
about the quantity of social sciences to do this.
00:34:08.196 --> 00:34:12.122
Not work I'm doing, because I'm an interpretive social scientist by this practice,
00:34:12.122 --> 00:34:18.784
but I saw concepts of that idea emerge in OIPC orders, where you've got an introduction,
00:34:19.682 --> 00:34:21.791
a discussion, a statement about the burden of proof.
00:34:23.282 --> 00:34:27.502
Some contextual background factors, then a step-by-step analysis and a recital
00:34:27.502 --> 00:34:28.896
of the different orders.
00:34:29.251 --> 00:34:34.812
All of that work is like an OIPC order is I think just a bit more of a slowed
00:34:34.812 --> 00:34:41.963
down and version of all of the work that we expect an FOI worker to do and if you just imagine,
00:34:43.182 --> 00:34:47.756
the differences in this work not necessarily as like the difference between,
00:34:48.442 --> 00:34:54.342
a lawyer and someone who's using FOI as an entry level job and you don't think
00:34:54.342 --> 00:34:57.102
of it really in those terms like that but you think about just,
00:34:57.712 --> 00:35:02.745
And these are moments in which we're either elaborating or compressing on judgment.
00:35:03.413 --> 00:35:08.148
Then you start to realize, oh, there's a lot that goes into deciding whether
00:35:08.148 --> 00:35:09.595
something needs to be severed or not.
00:35:09.856 --> 00:35:14.999
And I think more than sometimes even the folks who are doing FOI work even realize.
00:35:16.798 --> 00:35:23.242
The OIPC's job is to inspect every aspect of what's in contest when it's brought before them.
00:35:23.974 --> 00:35:28.518
So they got to look back at every decision and judgment, review each of the
00:35:28.518 --> 00:35:30.719
records carefully, hear competing perspectives.
00:35:31.619 --> 00:35:35.668
All of that work we just expect FOI workers to do serially and then cross their
00:35:35.668 --> 00:35:39.636
fingers and hope that nothing becomes a matter to be appealed to.
00:35:41.658 --> 00:35:48.838
So I think what's lost when we envision and we organize FOI work as a matter
00:35:48.838 --> 00:35:55.133
that can be implemented through technical rationality We lose the ability to, one,
00:35:56.478 --> 00:36:03.858
develop paradigmatic examples or shared examples that can broadcast,
00:36:06.938 --> 00:36:10.314
analogies or ways of thinking about competing cases.
00:36:11.838 --> 00:36:18.028
There is a collection of some orders of the OIPC that are particularly instructive,
00:36:18.028 --> 00:36:21.953
that it's held within information access operations in the Ministry of Citizen Services.
00:36:22.818 --> 00:36:29.475
But I'm working on right now how to characterize the inexhaustiveness of that.
00:36:30.718 --> 00:36:34.478
That's kind of the next frontier for me. So I think that's one of the things
00:36:34.478 --> 00:36:37.777
that's lost is the ability to actually talk about paradigmatic cases.
00:36:38.648 --> 00:36:43.988
But again, it's the ability to own judgments and be accountable for what you're
00:36:43.988 --> 00:36:49.298
doing, to isolate oneself from undue influences.
00:36:49.298 --> 00:36:53.858
And undue influences in FOI can be, you know, everyone's worried about...
00:36:54.980 --> 00:37:00.071
Political interference and whether a minister's office would interfere with an FOI request.
00:37:00.414 --> 00:37:05.011
I'm less concerned about that than I am about the FOI worker who has 10 other files.
00:37:07.190 --> 00:37:11.590
That they've got going on, and they aren't structurally given permission to
00:37:11.590 --> 00:37:12.923
take the time to get it right.
00:37:13.770 --> 00:37:19.640
And their default, I worry, is to make the decision that will cause the least resistance,
00:37:21.810 --> 00:37:28.170
for them within the ambit of their own job. And that might be incongruous with
00:37:28.510 --> 00:37:31.760
the needs of an applicant, which are the same as any applicant's needs.
00:37:32.027 --> 00:37:36.683
And all of our needs as FYI advocates is secrecy or not, we need to get it right.
00:37:37.470 --> 00:37:41.935
We need to get it right. Unless we have, and then FIPA, or at least myself,
00:37:42.284 --> 00:37:48.629
I don't necessarily have any quarrels with any of the concepts of the exemptions in FOIPA.
00:37:49.770 --> 00:37:54.370
I learned to appreciate the wisdom of things like the deliberative privilege
00:37:54.370 --> 00:37:58.009
or policy advice exemption that have. I believe in that personally.
00:37:59.030 --> 00:38:05.219
But I don't think we take the time to really think through what these are for,
00:38:05.910 --> 00:38:10.840
when we're not actually encouraging and giving space for FOI workers to get
00:38:10.840 --> 00:38:11.970
these decisions correct.
00:38:12.905 --> 00:38:16.180
Yeah, I'll just ask, you know, briefly, you kind of mentioned this already a
00:38:16.180 --> 00:38:19.980
little bit, but I mean, just succinctly, I know our workers really given enough
00:38:19.980 --> 00:38:21.900
guidance on the difference between
00:38:21.900 --> 00:38:25.827
information that must be withheld and information that may be withheld.
00:38:26.698 --> 00:38:28.150
Is that delineated?
00:38:28.150 --> 00:38:31.847
Is that explained? Is there discussion among them about how that's done?
00:38:34.890 --> 00:38:36.450
The collapse of modal verbs is,
00:38:36.450 --> 00:38:41.128
I think, what we referred to this or what happens to this in the report.
00:38:42.683 --> 00:38:46.004
No, not really. We don't find a lot of indication,
00:38:48.304 --> 00:38:53.138
in the checklists that we do encounter. There is no distinction between mandatory
00:38:53.370 --> 00:38:56.110
and discretionary exemptions. They are simply exemptions.
00:38:56.801 --> 00:39:00.812
And that's really problematic because that is actually, again, treating this,
00:39:03.504 --> 00:39:09.142
beyond, I think, just technical rationality. But there's also some serious omission,
00:39:09.884 --> 00:39:13.322
as to the complexity and the demands of the task.
00:39:14.175 --> 00:39:19.894
If there's a discretionary exemption, that is more work. That is more thinking
00:39:19.894 --> 00:39:25.495
to do, more judgment to be put in, and more effort to be put into something.
00:39:26.284 --> 00:39:28.704
And I don't mean to criticize, I'm not necessarily suggesting anyone's being
00:39:28.704 --> 00:39:33.564
lazy. I think that the way these documents imagine the work,
00:39:33.564 --> 00:39:34.944
the way they imagine use.
00:39:35.964 --> 00:39:44.488
Is in ways that have a radical and undesirable affinity for efficiency.
00:39:45.464 --> 00:39:49.804
And they are completely discarding the fact that we need to hit the brakes and
00:39:49.804 --> 00:39:52.922
know, oh, okay, no, I actually have to make a decision. It's not acceptable.
00:39:53.724 --> 00:39:57.414
Hannah Arendt told us in Eichmann in Jerusalem to just say, I got caught up
00:39:57.414 --> 00:39:59.524
in the moments and I just went with it.
00:39:59.524 --> 00:40:02.214
I think that's actually something rather close to what Eichmann said and I'm
00:40:02.214 --> 00:40:07.674
not suggesting by any means that there are traces of Nazification in the way
00:40:07.674 --> 00:40:11.162
we imagine FOI, but I'm making the point, I hope,
00:40:11.924 --> 00:40:17.954
that the judgment and bureaucracy have a deeply important relationship.
00:40:17.954 --> 00:40:24.340
It's never okay to appeal to a process as a justification for why a decision was made.
00:40:25.084 --> 00:40:30.584
I have felt this way, I think, largely as two influences on this idea.
00:40:30.584 --> 00:40:34.204
One, being Jewish and the legacy of the Holocaust.
00:40:34.798 --> 00:40:38.577
Even before I became a student of political theory, I was interested in this idea.
00:40:39.444 --> 00:40:44.864
But also it just reminds me of, again, being a journalist in secondary school
00:40:44.864 --> 00:40:49.148
and being told, oh, you can't file FOY requests, why?
00:40:49.623 --> 00:40:54.105
Oh, because I believe what I was told at the time, it impacts student learning,
00:40:54.105 --> 00:40:55.915
and we just can't have that.
00:40:55.915 --> 00:41:00.455
And I keep asking why, and there was no answer. The worst was when I think a
00:41:00.455 --> 00:41:05.545
senior official came down to my school and said, we're going to be liable for
00:41:05.545 --> 00:41:07.613
something you publish. And I kept asking for what.
00:41:07.840 --> 00:41:10.365
At one point I leaned forward and I said something to the effect of,
00:41:10.365 --> 00:41:14.925
I'm going to name five areas of law, like defamation, privacy, copyright, etc.
00:41:15.265 --> 00:41:18.375
And I want you to indicate to me what you think you might be liable for.
00:41:19.165 --> 00:41:22.185
And I was obviously a very interesting person in high school,
00:41:22.185 --> 00:41:26.635
but what it taught me from that experience is you can't ever allow someone to
00:41:26.635 --> 00:41:30.255
make a decision without being answerable for it.
00:41:30.255 --> 00:41:33.205
And in a way, I think that's the whole point of Western philosophy.
00:41:33.205 --> 00:41:34.315
That was the first thing we read.
00:41:36.545 --> 00:41:39.504
From Socrates when I was taking introductory political philosophy.
00:41:40.345 --> 00:41:43.765
But it's just kind of an elaboration of that idea.
00:41:44.985 --> 00:41:48.515
Assembly lines are actually great technologies. Like, I'm not against,
00:41:48.515 --> 00:41:54.605
you know, how wondrous it is that we can actually, like, apply that as an analogy
00:41:54.605 --> 00:41:58.075
for manufacturing vehicles to FOI.
00:41:58.075 --> 00:42:02.275
Like, there is absolutely merit to that. I'm not suggesting we all slow down
00:42:02.275 --> 00:42:05.485
everything in the sake of questioning all the time.
00:42:05.485 --> 00:42:12.076
But I do think there is merit to, again, displacing the focus on timeliness,
00:42:12.705 --> 00:42:16.645
and taking time to contemplate on the things that an applicant actually needs.
00:42:16.645 --> 00:42:22.625
Which, again, is the right documents delivered within the right time and severed rightly.
00:42:23.345 --> 00:42:27.735
That was how we ended up referring to this as correctness. And it sounds like
00:42:27.735 --> 00:42:33.362
a very basic, kind of has Aristotelian characteristics to it a little bit.
00:42:34.825 --> 00:42:38.965
And it sounds kind of obvious at the end of it, kind of misleadingly slow.
00:42:39.645 --> 00:42:45.338
But we were studying a system that really does not privilege that,
00:42:46.719 --> 00:42:50.277
uh that that valuation and i don't think it's the fault of the public service
00:42:50.277 --> 00:42:54.907
too i think that that uh there's perhaps an affinity among uh foi advocates
00:42:54.907 --> 00:42:57.011
to also be those who make um uh,
00:42:57.947 --> 00:43:03.477
calls for efficiency which uh when um uh you know that that might be an acceptable
00:43:03.477 --> 00:43:07.667
line of arguments when you're talking about healthcare administration um but uh if,
00:43:08.447 --> 00:43:12.807
without nuance i think that can also license some um things that we don't want
00:43:12.807 --> 00:43:17.793
which is um cuts to records management works which ultimately makes retrieval.
00:43:20.227 --> 00:43:24.527
More complex, or complicated, I should say, to appreciate the distinction.
00:43:25.607 --> 00:43:31.904
The underfunding of FOI workers as an area of practice in the public service,
00:43:32.078 --> 00:43:33.477
even sufficient number of them,
00:43:34.287 --> 00:43:38.567
people doing FOI off the side of their desks in smaller public bodies with no
00:43:38.567 --> 00:43:42.207
guidance from the provincial governments about how to do that work.
00:43:42.207 --> 00:43:47.119
And I say no, there is a manual that exists, but it's an open secret that it's deeply and exhaustive.
00:43:47.821 --> 00:43:51.887
So I think that's what we lose. We lose the ability to be agile,
00:43:52.287 --> 00:43:57.928
to develop shared examples, to develop expertise, and to center the things that we care about.
00:43:58.624 --> 00:44:03.068
Spencer, I think you touched on a really important theme here in the report.
00:44:03.068 --> 00:44:06.867
I just wanted to kind of get a little bit more into it. This discussion of efficiency,
00:44:07.728 --> 00:44:11.778
the emphasis on the process becoming this all-encompassing aspect of what's
00:44:11.778 --> 00:44:15.238
done as opposed to, you know, general principles or notions of judgment.
00:44:15.633 --> 00:44:19.738
And I think one of the ways we see that in some of the documents you've identified
00:44:19.738 --> 00:44:25.708
here is this focus on timelines, right? Focus on, you know, the FOI request
00:44:26.868 --> 00:44:29.349
as a timeline managed thing.
00:44:30.448 --> 00:44:36.977
And with that benchmarking the timeline to the 30-day statutory limited.
00:44:37.220 --> 00:44:42.198
And so what starts off being a maximum, right, you must respond to a request
00:44:42.198 --> 00:44:46.915
within 30 days, I think that starts to become the operational norm.
00:44:48.148 --> 00:44:50.392
Did you see that? And how do you think that happens?
00:44:51.216 --> 00:44:53.208
Absolutely. I did encounter that.
00:44:55.408 --> 00:45:00.518
The one kind of constant visual across all of the public bodies that did supply
00:45:00.518 --> 00:45:06.548
some sort of diagram was this very stadial sequential representation of the
00:45:06.548 --> 00:45:09.363
different steps in processing an FOI request,
00:45:10.108 --> 00:45:15.448
usually annotated with some indication of how many days each step should take.
00:45:15.448 --> 00:45:23.308
And then when you sum all of those time periods, you get a range that you get
00:45:23.748 --> 00:45:26.595
one number and that it extends to something that's like 30 days.
00:45:27.488 --> 00:45:34.268
I think the way that that happens is two things. One, there's no actual expression
00:45:34.268 --> 00:45:38.583
outside of the statute itself that you need to move quickly.
00:45:38.758 --> 00:45:41.548
There's no indication that this is, in fact, an urgent matter.
00:45:41.548 --> 00:45:45.519
And it could be with applicants. As a journalist, I certainly know this. but um,
00:45:46.599 --> 00:45:47.557
The second thing is.
00:45:50.261 --> 00:45:53.264
The type of documents that we were looking at have the effect of,
00:45:54.201 --> 00:45:56.911
again, standardization. They're not all standards, guides, et cetera,
00:45:56.911 --> 00:46:02.598
but they all profess some sort of standardizing-like effect or organizing effect.
00:46:04.201 --> 00:46:07.921
What's represented here is normal to all of us. It's shared as common to all
00:46:07.921 --> 00:46:13.228
of us, unless we're pointing out an exemption explicitly by saying this isn't always the case.
00:46:14.087 --> 00:46:19.581
But when you say something ordinarily takes place in 30 days and you don't qualify
00:46:19.581 --> 00:46:23.881
it at all, I think it's just very natural to interpret.
00:46:25.521 --> 00:46:29.821
It's very in keeping, I think, with a charitable interpretation of what that
00:46:29.821 --> 00:46:36.341
document means to take away from that, oh, this 30 days is how long every FOI request should take.
00:46:36.341 --> 00:46:40.671
Um that's that that is that is that's that's that's normal that's appropriate
00:46:40.671 --> 00:46:44.911
it is not it's not you know it's a standard how could it be injurious to anyone
00:46:44.911 --> 00:46:47.573
i assume the standard was was constructed uh
00:46:48.001 --> 00:46:51.901
in an attempt to be fair to everyone's interest in this to it to to to manage
00:46:51.901 --> 00:46:54.052
economy efficiency effectiveness etc um,
00:46:54.781 --> 00:46:58.161
this the whole point of having something in a document like this is that we
00:46:58.161 --> 00:47:04.861
have a a type of typified pattern of action to achieve uh this um the this contract
00:47:04.861 --> 00:47:07.137
among different values.
00:47:07.949 --> 00:47:11.901
I think that's how it happens. You put that in a document, you don't really
00:47:11.901 --> 00:47:15.803
describe the conditions under which it's supposed to be interpreted.
00:47:16.421 --> 00:47:22.821
There isn't, again, already, because of the assembly line way of organizing
00:47:22.821 --> 00:47:24.492
FOI work and the very, very,
00:47:25.801 --> 00:47:30.041
strong bifurcation of people who know the records and people who know the law
00:47:30.041 --> 00:47:33.142
in the DC public service because of the centralization.
00:47:34.367 --> 00:47:36.874
You don't get anyone who is empowered.
00:47:38.902 --> 00:47:45.280
To share with others that's, oh, hey, the statute actually says we need to do this without delay.
00:47:46.402 --> 00:47:52.162
We're supposed to move with haste. And even if the statute shouldn't be the only source of that.
00:47:53.082 --> 00:47:57.212
The democratic ethics that underwrite something like FOI also demand that you
00:47:57.212 --> 00:48:01.482
move quickly and not take an extra day unless it's necessary.
00:48:01.731 --> 00:48:05.862
And even then, we have to have a discussion as to whether or not the public
00:48:05.862 --> 00:48:08.642
body's interests are overriding an applicant's.
00:48:09.702 --> 00:48:14.052
There are an ethics to all of these questions. But I think the way that it happens
00:48:14.052 --> 00:48:18.152
is, again, we have a lack of appreciation, much like that example earlier about
00:48:18.152 --> 00:48:22.322
bullshit, for the power of documentation.
00:48:23.174 --> 00:48:26.562
This is not an innocent technology. It's really powerful. There's a reason Max
00:48:26.562 --> 00:48:32.932
Weber describes bureaucracy in economy and society with reference to the management of written files.
00:48:33.727 --> 00:48:37.634
I think if I can go one step further, how this is happening,
00:48:38.542 --> 00:48:40.962
and this is perhaps where I think I have more learning to do,
00:48:40.962 --> 00:48:47.381
But my hypothesis is that increasingly, as inscription becomes more and more possible.
00:48:48.810 --> 00:48:53.240
Um uh i'm taking this with a view of media history looking at the printing press
00:48:53.240 --> 00:48:56.692
looking at different ways of copying photographing or photocopying uh,
00:48:57.410 --> 00:49:02.026
making facsimiles faxing etc telecommunications up and through to presence um
00:49:02.317 --> 00:49:06.780
it's really easy to create a document in a in a in a collaborative environment
00:49:06.780 --> 00:49:12.070
you literally have collaborative software for this reason um it's so easy to create like you know,
00:49:13.130 --> 00:49:16.760
a document that um doesn't have a consistent and graphic ideology,
00:49:16.760 --> 00:49:18.551
you've got all these little fonts. How cool.
00:49:18.732 --> 00:49:21.733
You have so much choice. You're overwhelmed with choice.
00:49:22.590 --> 00:49:31.390
Perhaps we've displaced the appropriate focus on what a document is for and what it can do.
00:49:32.030 --> 00:49:35.693
And I think the ease and possibility of just inscribing in general.
00:49:37.690 --> 00:49:42.930
Among the excitement of that, the last 25 years or older than more,
00:49:43.410 --> 00:49:44.830
the longer that I've been alive,
00:49:45.750 --> 00:49:50.690
workplace computing has been popular and software like it, I think that we've
00:49:51.070 --> 00:49:53.300
perhaps lost an appreciation for documentation.
00:49:53.300 --> 00:49:59.807
It's why when I graduate, when I leave FIPA in quite a while still,
00:50:01.050 --> 00:50:07.080
I'm always going to retain with me the importance of making a good-looking document.
00:50:07.080 --> 00:50:10.850
Not because I like graphic design, I like editorial design, I like newspaper
00:50:10.850 --> 00:50:15.720
design, but it's not innocent. It's not innocent. And it has an effect on the
00:50:15.720 --> 00:50:19.350
way we interpret our obligations in any workplace.
00:50:19.790 --> 00:50:23.540
And I think that's, I try to evangelize about that everywhere I go.
00:50:23.540 --> 00:50:26.068
But I think that's how that 30-day thing happens.
00:50:27.142 --> 00:50:30.648
Yeah, I appreciate the emphasis on thoughtfulness, right? On,
00:50:31.188 --> 00:50:34.648
you know, thoughtfulness of process and thoughtfulness of judgment and interpretation
00:50:34.648 --> 00:50:36.923
and of inscription and documentation.
00:50:37.411 --> 00:50:40.563
And that kind of connects to this notion of correctness. And if I had to,
00:50:40.952 --> 00:50:45.578
if I had to say that there was one line in the report or one argument that would
00:50:45.578 --> 00:50:49.258
raise eyebrows amongst the transparency, you know, community in Canada would
00:50:49.258 --> 00:50:52.057
be that correctness, you know, must replace timeliness.
00:50:52.868 --> 00:50:56.508
Because we've been, and I myself included, and still am, someone who says access
00:50:56.508 --> 00:50:57.827
delayed is access denied.
00:50:58.251 --> 00:51:03.005
And yet at the same time, we want to see faster responses here.
00:51:04.468 --> 00:51:07.828
I guess there's a danger, right? If people take our recommendations to heart,
00:51:07.828 --> 00:51:11.823
which I would love them to do, and there is a greater emphasis on correctness,
00:51:12.786 --> 00:51:18.178
how do we ensure that that doesn't become a justification for further delay?
00:51:18.178 --> 00:51:21.738
In other words, we're taking as long as we need to get it correct and accuracy
00:51:21.738 --> 00:51:26.768
as a focus, is there a possibility that that can actually shift things into
00:51:26.768 --> 00:51:28.743
a further state of systemic delay?
00:51:30.027 --> 00:51:36.882
It totally can. I think any time that you ask an authority to assume,
00:51:38.247 --> 00:51:44.470
to be a little bit more autonomous, define in the face of complex goals,
00:51:46.287 --> 00:51:50.530
embrace the complexity of it, and responsibly exercise discretion,
00:51:50.774 --> 00:51:53.847
I think there's always going to be a concern about interpretation.
00:51:53.847 --> 00:51:56.573
Because that's fundamentally what we're really concerned about,
00:51:57.167 --> 00:52:02.947
by giving the public service even more license to define the terms of when a request is fulfilled.
00:52:03.754 --> 00:52:09.489
I think the way around that is we establish further communications between,
00:52:11.307 --> 00:52:17.217
certainly, the Ministry of Citizen Services and the applicant community about
00:52:17.217 --> 00:52:18.985
the way that FOI is administered.
00:52:20.547 --> 00:52:26.456
There is a serious deficit of applicant experiences outside of the realm of personal requests.
00:52:26.909 --> 00:52:30.497
It's informing the way that work is conducted. I think there's a lot of focus
00:52:30.497 --> 00:52:36.597
on technology that is not going to solve the serious problems with correctness
00:52:36.597 --> 00:52:39.027
that I think we're experiencing.
00:52:39.027 --> 00:52:41.827
I think that there's a lot to be looked at there.
00:52:41.827 --> 00:52:43.457
So I think putting applicants in
00:52:43.457 --> 00:52:49.896
conversation with FOI workers and senior managers at FOI workers is how we.
00:52:51.767 --> 00:52:55.547
Ensure that that increased discretion, that increased autonomy that FIPA is
00:52:55.547 --> 00:52:59.807
recommending be given when we're talking about a principle of correctness.
00:52:59.807 --> 00:53:01.251
I think that's how we make it accountable.
00:53:02.347 --> 00:53:06.087
And I think the principle of correctness is we need it to be answerable.
00:53:06.087 --> 00:53:10.847
There is nothing that's done in the name of public service that can go without a justification.
00:53:12.187 --> 00:53:15.977
I've taken that with me in journalism, but it's from the Supreme Court of Canada
00:53:15.977 --> 00:53:21.422
in their ruling and the Vavilov administrative law case where in the head note of the decision,
00:53:22.327 --> 00:53:25.874
Chief Justice says the public service needs to adopt a, quote,
00:53:26.118 --> 00:53:27.384
culture of justification.
00:53:28.127 --> 00:53:32.962
The correctness doesn't exist without that. So I think that's how we make it accountable.
00:53:33.833 --> 00:53:40.557
So, Spencer, your research examined how FOI work is organized in documents rather
00:53:40.557 --> 00:53:43.168
than directly observing every workplace.
00:53:43.620 --> 00:53:49.157
So how should listeners, how should we distinguish between an absence of documented
00:53:49.157 --> 00:53:53.007
standards and proof that good practice is not happening?
00:53:54.897 --> 00:53:57.837
Well, I think, firstly, and I've had to become comfortable with this,
00:53:58.537 --> 00:54:03.937
is that everyone has to, I think, become a little bit more comfortable with
00:54:04.377 --> 00:54:09.447
the notion that simply because it isn't on paper doesn't necessarily mean it didn't exist.
00:54:09.447 --> 00:54:13.723
But there are other consequences for something not being there.
00:54:14.193 --> 00:54:18.277
I think my answer to this is really informed by.
00:54:21.404 --> 00:54:25.838
My thinking on how documented government decisions was ineffective.
00:54:27.167 --> 00:54:32.196
Documenting government decisions, and as BC's interpretation of the duty to
00:54:32.196 --> 00:54:37.976
document, wasn't really taken out, I think, because it didn't really solve a
00:54:37.976 --> 00:54:42.076
problem for the people who were actually being asked to implement it.
00:54:42.986 --> 00:54:46.696
It was about prioritizing, like I said earlier, secondary users over primary
00:54:46.696 --> 00:54:53.036
users. It was about documenting decisions, which is not what archivists would
00:54:53.036 --> 00:54:54.445
say documentation is for.
00:54:54.706 --> 00:54:57.225
Documentation is for creating evidence of action.
00:54:57.956 --> 00:55:02.236
It's about activity. It's about creating documents, not necessarily because
00:55:02.236 --> 00:55:06.396
they're in the interest of secondary users.
00:55:06.588 --> 00:55:11.237
Sometimes we explicitly create documents for that, like annual reporting, which are publishable.
00:55:11.980 --> 00:55:18.936
But unpublished internal documentation is primarily for the public service to
00:55:18.936 --> 00:55:23.550
actually effectively administer its functions on behalf of the public.
00:55:24.403 --> 00:55:30.146
I don't think that it's a matter of whether we should freak out or not because
00:55:30.146 --> 00:55:32.071
something does or does not exist in written form.
00:55:32.656 --> 00:55:39.328
As I attempted to show, something can be written down and be quite useless. It could be bullshit.
00:55:39.502 --> 00:55:42.946
We don't want to encourage that. We don't want to encourage people to just start
00:55:42.946 --> 00:55:47.136
writing stuff down as an end to itself. Documentation.
00:55:49.156 --> 00:55:53.968
Is not an end to itself. It is for something. We just have to center that a lot more. So,
00:55:54.605 --> 00:55:59.474
issue of whether something needs to exist in documentary form comes with other.
00:56:00.774 --> 00:56:04.534
Solutions too, or sorry, questions too, like how constantly does it need to
00:56:04.534 --> 00:56:07.004
be updated? Who is going to own these documents?
00:56:07.247 --> 00:56:11.204
Documentation also has intense, good documentation has very intense labor costs.
00:56:11.204 --> 00:56:16.384
I know because I've been trying to write an introductory guide to journalism
00:56:16.384 --> 00:56:21.364
for my newspaper for like, I've been writing these for so long and studying
00:56:21.364 --> 00:56:23.124
the construction of these documents for so long.
00:56:23.409 --> 00:56:27.420
Right after we're done, I'm going to be working on it again. I'm like six months in.
00:56:28.154 --> 00:56:31.158
It's not particularly long. I'm like 30-something pages in.
00:56:32.154 --> 00:56:37.219
It's a big document compared to an essay, but it takes time to produce these things.
00:56:37.457 --> 00:56:41.374
We want documents that themselves actually embody correctness a little bit,
00:56:41.909 --> 00:56:46.123
that are true to their original purposes and the premises for which that technology exists.
00:56:46.373 --> 00:56:53.502
So we need to think about the best ways of communicating knowledge.
00:56:53.740 --> 00:56:59.759
That might be verbal, as in the case for apprenticeships, when you're training one person.
00:57:00.032 --> 00:57:03.544
But when you've got a lot of people who are being trained at different points,
00:57:03.544 --> 00:57:06.747
when you've got a lot of people entering an organization from various backgrounds,
00:57:07.020 --> 00:57:09.516
the starting points are radically different.
00:57:10.274 --> 00:57:14.604
You need a way to establish some sort of shared collective knowledge.
00:57:14.604 --> 00:57:21.109
And I spend a lot of time in the past year thinking about the anthropology of learning,
00:57:21.814 --> 00:57:26.711
and study the literature on communities of practice, as is really popular in
00:57:26.966 --> 00:57:30.049
not only educational studies, but management literature, too.
00:57:30.327 --> 00:57:32.254
I'm not convinced all of it is...
00:57:34.490 --> 00:57:37.955
Really resolves the issues that we're seeing with FOI.
00:57:37.955 --> 00:57:42.725
Because I think because of the audience who these documents are for,
00:57:42.725 --> 00:57:47.825
there might be some promise in the study of scientific knowledge a little bit.
00:57:47.825 --> 00:57:52.485
So what I was saying earlier about paradigms and shared examples,
00:57:52.485 --> 00:57:57.635
I just started reading The Structure of Scientific Revolutions by Thomas Kuhn from the 1960s.
00:57:58.515 --> 00:57:59.475
A wonderful book.
00:58:00.595 --> 00:58:05.093
I knew about it before, but I hadn't read it. And I wish I read it when I started in the study.
00:58:06.051 --> 00:58:09.895
Because I think like when you're like, FOY is constantly on the move.
00:58:09.895 --> 00:58:13.215
When we're talking about, you know, creating guidance, then guidance is going
00:58:13.215 --> 00:58:17.295
to have to change. We might have to have something that teaches the reasoning
00:58:17.295 --> 00:58:21.806
behind FOY, like about FOY work, how to actually engage in evidentiary reasoning
00:58:22.020 --> 00:58:23.936
for this particular type of work.
00:58:24.575 --> 00:58:28.875
But that's very different than inscribing like, hey, here's what the OIPC said,
00:58:29.675 --> 00:58:35.795
there's been an evolution in their order on Section 21, for example.
00:58:36.695 --> 00:58:41.015
That knowledge is on the move, but at a different pace than other types of knowledge.
00:58:41.015 --> 00:58:47.225
So all of those issues need to get a lot more attention. So I think if I could
00:58:47.225 --> 00:58:51.411
boil that down to just a few practitioner points, if you will.
00:58:51.684 --> 00:58:54.395
One is that you've got to think about what documentation is for.
00:58:54.703 --> 00:58:57.905
That's the first thing FIBA is calling. We're not calling for performative paperwork.
00:58:57.905 --> 00:59:02.067
We're not calling for bullshit documentation. That's actually,
00:59:02.340 --> 00:59:04.842
that devalues all of their forms of documentation.
00:59:05.756 --> 00:59:11.876
And two, think about the lifespan of that document and how it's going to be,
00:59:12.376 --> 00:59:17.768
kept current within the boundaries of the resources that are available to you.
00:59:18.448 --> 00:59:23.527
I think I have a little bit more confidence, say, making these points now,
00:59:23.736 --> 00:59:27.656
having a little bit of occupational experience making this literature,
00:59:27.996 --> 00:59:31.178
albeit in a different domain, but also studying its production.
00:59:32.025 --> 00:59:37.606
And I think that's how we get out of the binary of, do we get mad if it's not
00:59:37.606 --> 00:59:40.379
written down? And do we celebrate if it's written down, but it's bad?
00:59:41.036 --> 00:59:43.392
I think we just think about the purpose of documentation.
00:59:44.448 --> 00:59:49.998
Yeah. So, you know, there are those gaps. So, you know, where did tacit knowledge
00:59:49.998 --> 00:59:54.748
and professional judgment, did that, was that obvious? Did you notice that?
00:59:54.748 --> 00:59:57.235
And where did that appear in these documents?
00:59:57.903 --> 01:00:05.588
Not frequently. Tacit knowledge is obviously embodied, but there was no indication
01:00:05.588 --> 01:00:10.401
that this is the point where you need to rely on your tacit knowledge.
01:00:13.978 --> 01:00:18.988
Last summer, I think I described to Mike in a meeting that I thought the tenor
01:00:18.988 --> 01:00:21.134
of some of these documents was overconfident.
01:00:23.138 --> 01:00:25.964
They kind of overshot the runway of their own contents a little bit.
01:00:26.237 --> 01:00:28.168
But that's what I was getting at. It's like tacit knowledge,
01:00:28.168 --> 01:00:31.068
again, not bad. Like, we want the development of tacit knowledge.
01:00:31.068 --> 01:00:34.968
Like, no one, no one, like, there's a sociologist, or not sociologist,
01:00:34.968 --> 01:00:39.088
a historian of science named Lorraine Daston on another podcast that I listened
01:00:39.088 --> 01:00:44.508
to a little while ago, where she said a society that runs on thin rules is not a happy society.
01:00:44.508 --> 01:00:50.188
A society that runs on, like, algorithms and gives everyone explicit indication
01:00:50.188 --> 01:00:52.648
of what action to take at every step is not good.
01:00:52.648 --> 01:00:57.148
You can't accommodate all possible scenarios. You cannot actually accommodate
01:00:57.148 --> 01:01:00.668
the novel, which has yet to be theorized and typified into a pattern of action.
01:01:00.668 --> 01:01:02.703
You can't do anything with that. We need tacit knowledge.
01:01:03.568 --> 01:01:08.268
But we also need to be able to learn from it. And there was no knowledge either
01:01:08.268 --> 01:01:12.171
existed in the worldview of these documents as either,
01:01:13.158 --> 01:01:17.578
embodied and you are on your own, literally, because there's no encouragement
01:01:17.578 --> 01:01:22.312
to collaborate with peers and resolve cases through conversation necessarily,
01:01:23.138 --> 01:01:29.248
or reference this document, which is highly static, despite documenting something
01:01:29.248 --> 01:01:34.636
that is on the move, albeit glacial at times, as most law is.
01:01:35.218 --> 01:01:36.818
But there is no.
01:01:39.030 --> 01:01:46.089
Spectrum of how knowledge evolves. And I think that's really to applicants' detriment, for sure.
01:01:48.244 --> 01:01:53.204
Spencer, you mentioned Kuhn's work and the idea of a revolution.
01:01:54.104 --> 01:01:57.154
I think some of the recommendations here we are calling, I think it's fair to
01:01:57.154 --> 01:02:01.684
say, for a bit of a paradigm shift in the way that access is thought about and practiced.
01:02:02.044 --> 01:02:04.744
And there are some very specific recommendations that are attached to that,
01:02:04.744 --> 01:02:10.312
right? We call for better documentation skills, stronger record-keeping statute,
01:02:10.660 --> 01:02:11.644
as you mentioned before.
01:02:12.484 --> 01:02:15.838
Recognizing record-keeping is this core administrative responsibility.
01:02:16.280 --> 01:02:20.704
And also recognizing and embracing, maybe cultivating greater authority for
01:02:20.704 --> 01:02:22.114
information professionals.
01:02:22.746 --> 01:02:25.024
This is a kind of a classic chicken and egg scenario.
01:02:26.704 --> 01:02:31.014
What's the entry point for this? Which of these recommendations to kind of kickstart
01:02:31.014 --> 01:02:34.919
a paradigm shift in how we think about FOI and practice FOI? What comes first?
01:02:35.640 --> 01:02:41.418
That's a fascinating question because when I was starting this,
01:02:41.418 --> 01:02:44.908
I read a lot of literature on implementation studies because that was still
01:02:44.908 --> 01:02:46.368
the language that I was using to,
01:02:46.868 --> 01:02:50.826
move from administration to think about implementation and the,
01:02:51.908 --> 01:02:54.540
classic studies of that in the 70s and 80s.
01:02:55.514 --> 01:02:58.830
So I spent some time thinking about that again when I was drafting the recommendations.
01:02:59.132 --> 01:03:02.668
I think record keeping is the entry point into this. I think it starts with
01:03:03.028 --> 01:03:05.227
the documentation, like with creation.
01:03:06.228 --> 01:03:09.588
Creators end on the folks that are producing documentation,
01:03:10.268 --> 01:03:15.128
not about teaching FOI specifically or regulating its administration,
01:03:15.128 --> 01:03:21.021
but just I think encouraging a culture of document literacy,
01:03:21.568 --> 01:03:26.398
which includes document management, records management, is the right place to start.
01:03:26.398 --> 01:03:29.148
And again, cultural shifts in large organizations are deeply,
01:03:29.457 --> 01:03:31.309
deeply difficult. So I think.
01:03:33.468 --> 01:03:36.998
By no means am I trying to underestimate the difficulty of that,
01:03:36.998 --> 01:03:40.584
but record keeping most certainly I think is the entry point.
01:03:41.148 --> 01:03:47.358
I also think that's an excellent way to remind the public service that we don't
01:03:47.358 --> 01:03:51.948
have to choose between advancing the interests of the public and advancing the
01:03:51.948 --> 01:03:53.250
interests of a bureaucracy.
01:03:54.228 --> 01:03:56.320
In this scenario, they're actually mutually constitutive.
01:03:57.328 --> 01:04:05.086
Records management is beneficial to both parties in the FOI social contract over here.
01:04:05.748 --> 01:04:07.959
So I think record keeping is where I would start.
01:04:09.421 --> 01:04:14.757
And I think that's a good observation. And that seems to be the kind of change,
01:04:15.601 --> 01:04:18.351
some of the stuff that's being recommended here for good reason is going to
01:04:18.351 --> 01:04:20.541
require some significant legislative change.
01:04:20.841 --> 01:04:24.891
And it's overdue, especially since we have some statutes, the IMA,
01:04:24.891 --> 01:04:28.761
for example, which, you know, functionally just does not serve the purpose that
01:04:28.761 --> 01:04:32.491
it really ought to, at least was rhetorically said it was going to initially.
01:04:32.863 --> 01:04:42.421
Is it possible to move forward on that record-keeping without any kind of complex law reform process?
01:04:42.421 --> 01:04:45.881
Now, in other words, you think that's within the power of, I suppose that would
01:04:45.881 --> 01:04:50.311
be kind of a top-down tone set from people in positions of ministerial authority
01:04:51.121 --> 01:04:54.253
to kind of launch a culture shift. Is that possible?
01:04:56.021 --> 01:05:01.691
I think it's totally possible that we could see a lot of benefits to record-keeping
01:05:01.691 --> 01:05:06.472
practice without legislative change.
01:05:08.281 --> 01:05:13.181
Ultimately, a statute, as we saw with AIMA, is not going to accomplish the cultural,
01:05:15.701 --> 01:05:21.181
shifts that we need to see for this to be meaningful. This is absolutely something,
01:05:22.141 --> 01:05:28.701
where folks with experience in design and change management bring a lot of value to the conversation.
01:05:30.521 --> 01:05:34.731
I think there's a lot to be like service designers, particularly our routine
01:05:34.731 --> 01:05:38.458
designers for organizations. I think that that.
01:05:39.177 --> 01:05:43.792
Even like the, you know, celebrating good instances of records management,
01:05:44.446 --> 01:05:48.516
finding some way to point to a unit or even like an individual employee who
01:05:48.516 --> 01:05:51.627
is, you know, you know, takes the time to manage their files.
01:05:52.606 --> 01:05:56.626
That that's an example for others. I mean, this is this is something from my own office.
01:05:56.626 --> 01:06:02.706
I'm just kind of thinking about I know who because we only have 20 paid employees.
01:06:02.706 --> 01:06:06.136
Like it's a small place in the grand scheme of things. so we can,
01:06:06.136 --> 01:06:10.086
you know, I know who pays a lot of attention to their records management and
01:06:10.086 --> 01:06:16.687
who refused us to name files correctly and all the folks in between.
01:06:17.426 --> 01:06:20.486
And, you know, every few weeks, it's, you know, as we talk about the stories
01:06:20.486 --> 01:06:24.356
we liked and the photographs that we liked in our newspaper,
01:06:24.356 --> 01:06:26.716
I mean, one of the things that I try and do is like, okay, and I'd like to thank
01:06:26.716 --> 01:06:30.516
this person for, you know, making up, naming a folder correctly that everyone
01:06:30.516 --> 01:06:32.136
laughs and I'm like, no, no, it's serious.
01:06:32.136 --> 01:06:34.358
Like this person made this available to you.
01:06:34.613 --> 01:06:39.182
So eventually over time, the joke has worn off and there are those that actually.
01:06:40.846 --> 01:06:46.036
Are really excited about the concept of organizational document management and
01:06:46.036 --> 01:06:49.456
metadata, and that's quite fun to see.
01:06:49.456 --> 01:06:54.996
So I think little things like that, even if it's just not really emerging from
01:06:54.996 --> 01:07:00.406
my research, but my own experience taking the research, I guess,
01:07:00.406 --> 01:07:03.776
and trying to apply it to my own life, I think things like that.
01:07:03.776 --> 01:07:08.536
You don't need statutory change to accomplish a lot of the improvements in record
01:07:08.536 --> 01:07:12.751
keeping, nor will a statute change culture, as we saw with IMA.
01:07:14.709 --> 01:07:18.289
On the flip side of that, you know, the report also calls for independent records
01:07:18.289 --> 01:07:22.369
oversight as a function, you know, with a greater emphasis on annual record
01:07:22.369 --> 01:07:25.412
keeping plans, more active use of standards.
01:07:25.906 --> 01:07:31.309
These are some some larger changes that reflect this idea that the public record
01:07:31.309 --> 01:07:34.129
is something that there needs to be a degree of ownership and oversight over.
01:07:35.569 --> 01:07:40.709
Why is an independent oversight so important? And what would effective oversight
01:07:40.709 --> 01:07:42.717
of the public record itself look like?
01:07:43.951 --> 01:07:45.856
I think independence is important because,
01:07:48.869 --> 01:07:54.669
when we start to actually conduct evaluations or reviews of the way records
01:07:54.669 --> 01:07:59.259
management is done, there are stakes involved, there are reputations,
01:07:59.259 --> 01:08:03.143
there is funding, there are policy objectives on the line.
01:08:04.289 --> 01:08:08.229
The means and the ends kind of mutually constitute themselves as John Dewey
01:08:08.229 --> 01:08:13.199
might say when we start to actually say whether something was good or bad so
01:08:13.199 --> 01:08:17.105
I think that in order to give honest assessments there needs to be some distance,
01:08:18.789 --> 01:08:22.439
from core government in the same way we have an auditor general in the same
01:08:22.439 --> 01:08:27.649
way we have for financial and performance auditing and we have the OIPC for,
01:08:28.969 --> 01:08:33.669
information and privacy and we have officers that let us out of assembly for this reason I think,
01:08:36.269 --> 01:08:39.940
that's why independence is most important. Remind me of the second part of the question.
01:08:41.082 --> 01:08:43.745
Well, I suppose it's about what an independent oversight might look like,
01:08:43.745 --> 01:08:46.245
but we can just drill down on one specific element of that.
01:08:46.245 --> 01:08:50.845
I think, you know, one of the things you expect from an ombuds office or an
01:08:50.845 --> 01:08:57.185
oversight office of some kind is the capacity to call for and indeed to affect
01:08:57.545 --> 01:08:58.975
corrective reforms, right?
01:08:58.975 --> 01:09:03.435
So hypothetically, let's just say we have such an independent office in place
01:09:03.435 --> 01:09:06.995
and everything that we're hoping for has come to pass, and a particular public
01:09:06.995 --> 01:09:12.256
body has just completely failed to meet minimum standards of expectations.
01:09:14.065 --> 01:09:18.025
What should happen in that kind of situation if we do have an independent oversight body?
01:09:18.665 --> 01:09:24.294
What could they do to bring them back in line or perhaps to implement some changes?
01:09:24.729 --> 01:09:30.820
I'm hesitant to say that the evaluator should make binding recommendations because,
01:09:31.985 --> 01:09:35.515
the second that you start to appreciate the technology, culture,
01:09:35.925 --> 01:09:38.006
policy, instrumentation all need to work together.
01:09:39.885 --> 01:09:44.955
And that the only people who are truly best positioned to appreciate that about
01:09:44.955 --> 01:09:47.588
the organization are the folks that work in the organization themselves.
01:09:47.861 --> 01:09:51.105
I don't think that approach will work. I do think that there has to be some
01:09:51.105 --> 01:09:56.360
answerability for it. Like at minimum, there needs to be, I think from the evaluator,
01:09:56.528 --> 01:10:00.864
some indication of the direction that they suggest should be taken in response to it.
01:10:01.605 --> 01:10:05.615
Failures have to be clearly identified. Recommendations can be made,
01:10:05.615 --> 01:10:07.877
but there also has to be follow-up. What I think might be,
01:10:08.643 --> 01:10:14.380
advantageous is that, you know, if it's a severe failure, there are follow-ups
01:10:14.380 --> 01:10:16.480
on a monthly basis, for example.
01:10:17.130 --> 01:10:20.108
And that office is prepared to, you know, call attention to it publicly.
01:10:20.670 --> 01:10:26.430
And if a public body is seriously failing to comply, the legislature is notified
01:10:26.430 --> 01:10:28.868
via some sort of reports about the matter.
01:10:29.690 --> 01:10:35.060
But I do think that the kind of the naming and shaming, as we might crudely
01:10:35.060 --> 01:10:37.260
call it, might be the most effective way.
01:10:37.260 --> 01:10:43.453
Not necessarily, It certainly is weaker in terms of demanding immediate action,
01:10:43.970 --> 01:10:48.280
but I anticipate it will be most effective in terms of working collaboratively
01:10:48.280 --> 01:10:52.720
towards the goals that all public bodies have, which is effectively delivering services.
01:10:52.720 --> 01:10:54.866
And records management is part of that.
01:10:55.550 --> 01:10:59.350
For whatever reason that there are challenges to that, I don't think it's a
01:10:59.350 --> 01:11:05.902
basic public body that's just manifestly dedicated to being lost in a shared drive forever.
01:11:06.134 --> 01:11:09.050
I don't think anyone yearns for that when they go to work.
01:11:09.610 --> 01:11:12.084
So I don't think it faces that challenge.
01:11:12.775 --> 01:11:15.970
So when we talk about the importance of making sure that there's an independent
01:11:15.970 --> 01:11:20.920
oversight body to look after records management, the other element that's made
01:11:20.920 --> 01:11:25.430
clear in the report, Spencer, is the whole dynamic of giving greater emphasis
01:11:25.430 --> 01:11:27.455
on archivists and records managers.
01:11:28.330 --> 01:11:33.620
So what would that look like in practical terms inside a ministry or crown corporations
01:11:33.620 --> 01:11:39.670
and public agencies to see records managers be elevated in terms of their standing
01:11:39.670 --> 01:11:40.680
within the organization?
01:11:40.680 --> 01:11:44.670
And also, if you can, one of the things that I took away from our earlier discussions
01:11:44.670 --> 01:11:48.730
on this was the whole dynamic of custodial and post-custodial errors and the
01:11:48.730 --> 01:11:52.793
impact that has created in devaluing records managers in some of these organizations.
01:11:53.060 --> 01:11:56.932
How does all that play out in the report? And what do you see as the next steps there?
01:11:57.635 --> 01:12:06.101
Right. I think the few ways that we could recognize a more empowered archival
01:12:06.101 --> 01:12:07.589
and records management profession.
01:12:08.421 --> 01:12:16.320
One, we see that they have the resources to be able to produce guidance material.
01:12:17.061 --> 01:12:24.646
They're able to update it quite frequently. I mean, it's an easy thing in concept to do.
01:12:24.913 --> 01:12:30.751
I think we'd also see, and it's super important, is any time that a technology
01:12:30.751 --> 01:12:34.512
of inscription is introduced into the public body,
01:12:35.481 --> 01:12:41.118
a new collaborative software system, an upgrade to such a system,
01:12:42.881 --> 01:12:48.571
we have to have archivists at the table alongside IT privacy, security.
01:12:50.801 --> 01:12:55.183
Technology licensing, etc. as a part of discussing that implementation.
01:12:55.462 --> 01:12:58.921
If it stores and creates information, fantastic.
01:13:00.661 --> 01:13:04.551
But we actually need to find a way not only to secure it from cyber attacks,
01:13:04.551 --> 01:13:09.711
not only to preserve personal information such that it's only used and disclosed
01:13:09.711 --> 01:13:11.125
to those who are authorized to do so.
01:13:11.821 --> 01:13:17.579
We also have to make sure that records can be appropriately organized and retrieved
01:13:17.782 --> 01:13:20.545
to facilitate the public body's needs.
01:13:21.541 --> 01:13:26.541
That's a really, really important absence that I've seen in the public service.
01:13:26.941 --> 01:13:30.671
The Deputy Minister's Committee on Digital and Data, the committee that makes
01:13:30.671 --> 01:13:35.951
a lot of IT, IMIT investments, as I believe the terms of reference describe
01:13:35.951 --> 01:13:40.381
it, doesn't have anyone who does the original IM, Information Management,
01:13:40.381 --> 01:13:41.396
which is a records manager.
01:13:43.501 --> 01:13:46.487
I think that on a similar point, the,
01:13:47.597 --> 01:13:48.157
A sign of,
01:13:50.257 --> 01:13:57.967
a more powerful archival profession is greater precision in terminology.
01:13:57.967 --> 01:14:03.817
So right now, what we're identifying is because of post-custodial record keeping,
01:14:03.817 --> 01:14:06.084
where everyone is their own records manager,
01:14:07.135 --> 01:14:12.757
the scientific aspect of what a document is versus what a record is versus what
01:14:12.757 --> 01:14:16.034
information or data is, is a bit lost.
01:14:16.717 --> 01:14:21.297
We don't, those terms are not interchangeable, but they are treated as interchangeable.
01:14:21.297 --> 01:14:24.137
And I don't think that, you know, as a student of, you know,
01:14:24.137 --> 01:14:27.647
interpretive social sciences, I think that language is really important the
01:14:27.647 --> 01:14:28.770
way we understand our world.
01:14:29.497 --> 01:14:33.877
I don't think, you know, it might sound like I'm just being nitpicky,
01:14:34.517 --> 01:14:41.207
but I do think, you know, every time that you let, or there's a slip up in terminology
01:14:41.207 --> 01:14:42.555
and a confusion of ideas,
01:14:43.438 --> 01:14:46.127
that that does contribute to something down the road that isn't productive.
01:14:46.127 --> 01:14:51.277
So we would see a lot of greater guidance on how to organize files.
01:14:51.277 --> 01:14:56.817
We would see archivists find a way to involve themselves in the orientation
01:14:56.817 --> 01:15:01.799
and onboarding of new employees such that they understand their records management obligations.
01:15:02.061 --> 01:15:07.906
We would see more regular reporting of how records management is implemented.
01:15:09.057 --> 01:15:12.997
On perhaps an annual basis. It becomes something that senior executives are
01:15:12.997 --> 01:15:15.317
familiar with and are acquainted with.
01:15:15.757 --> 01:15:20.337
And importantly, they recognize that when an organization changes,
01:15:20.337 --> 01:15:25.367
when it restructures, when a new position is created which happens all the time
01:15:25.367 --> 01:15:30.074
in the public service, one of the folks that you need to speak with is the archivist.
01:15:30.617 --> 01:15:34.543
Yes, that involves a lot more internal consultation. Yes, that adds another box to tick.
01:15:35.317 --> 01:15:42.277
I think it is beneficial in the long run and I sincerely hope there are public
01:15:42.277 --> 01:15:43.564
bodies that can testify to that.
01:15:44.731 --> 01:15:48.561
Now, as we're looking at the whole dynamic right now of artificial intelligence
01:15:48.561 --> 01:15:52.671
in this space as well, what do you see as the evolving role between the archivists
01:15:52.671 --> 01:15:54.716
and artificial intelligence in this space?
01:15:56.761 --> 01:16:00.911
The one that was discussed most at a conference I attended last July was the
01:16:00.911 --> 01:16:02.101
issue of autoclassification.
01:16:02.441 --> 01:16:08.573
So records that are classified on the basis of content into a predetermined,
01:16:09.621 --> 01:16:12.881
classification scheme that's developed locally for the public body,
01:16:12.881 --> 01:16:14.320
still by a professional archivist.
01:16:15.196 --> 01:16:21.024
Auto-classification is a technology that excited a lot of records managers at that conference.
01:16:21.681 --> 01:16:26.597
I think it's a productive use of artificial intelligence in the public sector.
01:16:28.681 --> 01:16:33.172
I'd invite archivists, obviously, to push back if there were some issues with that.
01:16:33.921 --> 01:16:37.793
But there was only celebration for that idea, and the only issue was,
01:16:38.961 --> 01:16:44.324
I think, around the precision and accuracy of such classification available.
01:16:45.341 --> 01:16:50.991
On the market at the moment. But I think that's certainly one welcome introduction
01:16:50.991 --> 01:16:53.392
of artificial intelligence for records management.
01:16:53.665 --> 01:16:59.492
Otherwise, there's still, this is an area that I didn't look into quite honestly that much.
01:17:00.201 --> 01:17:03.509
But there's lots of research ongoing with it right now.
01:17:04.121 --> 01:17:07.041
There's some folks at UBC who are actually studying that. I had a professor
01:17:07.041 --> 01:17:10.440
who was also, I didn't know he studied records management, but he does.
01:17:10.766 --> 01:17:12.786
I wish I knew that when I was in his class.
01:17:13.501 --> 01:17:19.071
But he's published a few papers on AI and record keeping. I think that auto
01:17:19.071 --> 01:17:21.406
classification is certainly a valuable investment.
01:17:22.811 --> 01:17:26.471
Well, Spencer, we have just a couple more questions before we do a final round
01:17:26.471 --> 01:17:30.501
where I'm going to ask each of you some questions and then we'll wrap this up.
01:17:30.501 --> 01:17:33.527
But I want to talk about Section 67 of FOIPA.
01:17:33.969 --> 01:17:41.155
The report recommends establishing a consultative committee contemplated by Section 67 of FOIPA.
01:17:41.723 --> 01:17:47.911
What does Section 67 say? And what problem would a standing open government committee solve?
01:17:48.487 --> 01:17:49.511
Yeah, so section 67,
01:17:51.511 --> 01:17:55.771
just says the minister responsible for FOIPA, which is the minister of citizen
01:17:55.771 --> 01:17:59.882
services in British Columbia, may form a consultative committee for the act.
01:18:01.008 --> 01:18:04.421
That committee, as far as we're aware, does not exist. I feel like FIPA would
01:18:04.421 --> 01:18:09.372
be in a good position to know if it did, but we've had no indication otherwise.
01:18:10.131 --> 01:18:12.351
So I'm comfortable saying it doesn't and it hasn't been formed.
01:18:12.351 --> 01:18:15.231
Uh i i think uh i was saying earlier
01:18:15.231 --> 01:18:18.592
that there's a deficit of applicant experiences that are uh informing um,
01:18:20.771 --> 01:18:26.681
uh foy uh i think that is a really valuable i think that if it was cast only
01:18:26.681 --> 01:18:32.921
about foy though um if we if we develop such a committee um that uh foy would
01:18:32.921 --> 01:18:35.174
be too narrow of a of a space um,
01:18:37.140 --> 01:18:41.640
or of a field of vision. I really believe in this concept from an American law
01:18:41.640 --> 01:18:42.830
professor named Seth Kreimer.
01:18:43.600 --> 01:18:48.786
He's called it the ecology of transparency. And he points to, we said it in the report,
01:18:49.420 --> 01:18:53.093
he describes the success of the Freedom of Information Act in the United States
01:18:53.349 --> 01:18:58.660
in enacting some accountability for the injustices perpetuated by the United
01:18:58.660 --> 01:19:01.040
States government in the global war on terror.
01:19:01.981 --> 01:19:05.540
But he attributes those successes not only to the statute itself,
01:19:05.540 --> 01:19:14.119
but also to the people behind it, to those who are very brave to leak documents and risk prosecution.
01:19:15.560 --> 01:19:19.610
The successes in the courts, cooperation from lawmakers.
01:19:19.610 --> 01:19:24.920
There was an ecology that made open government possible. It wasn't one thing.
01:19:24.920 --> 01:19:29.547
It was many things working together as one toward a goal.
01:19:30.140 --> 01:19:34.190
So I think that an open government committee or something to that effect would
01:19:34.190 --> 01:19:37.122
be advantageous because there's a lot of issues.
01:19:37.309 --> 01:19:42.760
I mean, you'd have to do some careful designing for terms of reference to not
01:19:42.760 --> 01:19:46.051
expand into a committee on public life more generally and democracy.
01:19:46.700 --> 01:19:51.357
But we do need some sort of committee to address the issue of government information,
01:19:52.080 --> 01:19:53.940
and the appropriate mechanisms,
01:19:54.880 --> 01:19:59.780
for it to be released, whether that is expectations of the way that meeting
01:19:59.780 --> 01:20:02.460
minutes and agendas are made available for town,
01:20:03.380 --> 01:20:09.240
or municipal councils, whether there's expectations for open data and data based
01:20:09.240 --> 01:20:13.420
requests, which have very different needs processing wise from text based requests,
01:20:13.420 --> 01:20:15.772
which is largely what we think of when we think of records.
01:20:16.724 --> 01:20:20.462
We think about open data. How often is it updated? Do we have any standards about that?
01:20:21.863 --> 01:20:26.870
How do we develop new categories of records for proactive disclosure?
01:20:27.190 --> 01:20:31.283
All of that is really aligned with the mission of freedom of information.
01:20:31.283 --> 01:20:35.483
And when you consider that in a wider scope, I think you can identify some mechanisms
01:20:35.483 --> 01:20:40.473
that might be more appropriate and more efficient to achieve the same informative
01:20:40.473 --> 01:20:44.454
ends than if we were just to think about everything is accessible through FOI.
01:20:44.673 --> 01:20:47.723
So I think that an open government committee not only would make an FOI better,
01:20:47.723 --> 01:20:52.453
but I think when we take a step back and we remember that FOI is one of the
01:20:52.453 --> 01:20:55.680
tools in the open government toolbox, we can really do a lot of good,
01:20:56.723 --> 01:20:59.802
for expanding what we think is possible transparency-wise.
01:21:00.713 --> 01:21:05.903
Regarding this hypothetical committee, who should have a seat at the table?
01:21:05.903 --> 01:21:11.243
And I think also importantly, not only who, but like the experiences that inform
01:21:11.243 --> 01:21:13.310
the work of those that are part of this committee.
01:21:14.303 --> 01:21:19.926
What would be your idea, ideal? What would best serve this open government committee?
01:21:20.658 --> 01:21:24.811
Oh, and that's like the one question I didn't spend a lot of time meditating
01:21:24.811 --> 01:21:28.221
on, which is ironic because everyone calls for a committee and more consultation
01:21:28.221 --> 01:21:30.643
and then gets asked, like, who should be there?
01:21:30.985 --> 01:21:33.789
The people. So this is my moment of that.
01:21:35.078 --> 01:21:40.661
I mean, I feel like the part of the answer could be found if I were to...
01:21:40.701 --> 01:21:46.537
I read recently Democracy's Second Act, published by the University of Toronto Press.
01:21:48.261 --> 01:21:53.241
It's an excellent book. It's by Peter McLeod, a journalist whose name I've unfortunately
01:21:53.241 --> 01:21:55.279
forgotten at the moment.
01:21:56.237 --> 01:22:01.746
But all about civic participation is what needs to come after voting.
01:22:01.984 --> 01:22:04.137
And all of the different ways that that can come about.
01:22:04.480 --> 01:22:10.291
I think people that represent different groups, different associations that
01:22:10.291 --> 01:22:13.414
have an interest in government information are particularly pivotal.
01:22:13.692 --> 01:22:18.521
They're highly influential among different communities that have information-seeking,
01:22:19.401 --> 01:22:21.031
as part of what they engage in.
01:22:21.031 --> 01:22:27.081
So journalists, Women Transforming Cities is a fascinating, fascinating group.
01:22:27.081 --> 01:22:31.745
I really love the work that they're doing ahead of municipal elections in Vancouver.
01:22:32.627 --> 01:22:38.270
I think representatives of political parties, I think, honestly deserve a seat at the table.
01:22:39.041 --> 01:22:42.966
I think, obviously, I mean, journalists, I'm a bit biased, of course,
01:22:43.250 --> 01:22:44.852
but I think journalists belong there.
01:22:45.892 --> 01:22:52.371
I think folks that found FOI, because they were motivated to learn more about
01:22:52.371 --> 01:22:56.801
a particular issue that really mattered to them, whether that is in Vancouver or Vanderhoof,
01:22:58.081 --> 01:23:01.490
I think also belong there. It'd be a little bit difficult, I think, to find that person.
01:23:03.161 --> 01:23:09.881
But we do have to, I think, try to make sure that as diverse of an applicant,
01:23:10.401 --> 01:23:13.091
or an information seeker or someone who has a government information need out
01:23:13.091 --> 01:23:17.748
there is represented there, because I do think that it demands that holistic perspective.
01:23:18.868 --> 01:23:25.740
And, you know, could it examine recurring operational problems between formal
01:23:25.740 --> 01:23:27.274
and legislative reviews?
01:23:28.429 --> 01:23:33.990
Certainly. I think that, like, part of what that committee should hear is updates
01:23:33.990 --> 01:23:37.874
from, you know, from senior staff who are responsible,
01:23:40.650 --> 01:23:45.537
for open government adjacent initiatives or, like, freedom of information.
01:23:46.912 --> 01:23:52.850
I think that they have the opportunity to table concerns about the way implementation
01:23:53.270 --> 01:23:58.240
and public policy implementation is affecting their rights, their entitlements,
01:23:58.240 --> 01:23:59.625
their needs as citizens.
01:24:00.390 --> 01:24:06.480
So absolutely, I think there needs to be no distinction between concern for
01:24:06.480 --> 01:24:08.930
statute and concern for how the statute is implemented.
01:24:09.801 --> 01:24:11.496
It's all about the subjects as one thing.
01:24:12.350 --> 01:24:17.271
And last point on that, how would its recommendations reach the minister and the public?
01:24:20.301 --> 01:24:22.810
It depends on, obviously, how you might want to research it.
01:24:22.810 --> 01:24:23.810
I can't imagine we would—again,
01:24:26.870 --> 01:24:30.220
that book, Democracy Second Act, probably has some insight if I went back into
01:24:30.220 --> 01:24:35.859
it about how the specific ideas get actually communicated back to the minister.
01:24:37.070 --> 01:24:40.170
I think the minister's attendance in those forums, at least on some regular
01:24:40.170 --> 01:24:42.140
basis, would be of a particular benefit.
01:24:43.630 --> 01:24:47.600
That's for certain. Otherwise, I think that really depends on how you design
01:24:47.600 --> 01:24:50.300
the secretariat function of such a group.
01:24:50.300 --> 01:24:54.850
I do think it deserves it. This shouldn't just be a Zoom call where people talk and then walk away.
01:24:54.850 --> 01:24:57.920
I do think that there should be terms of reference meeting minutes.
01:24:57.920 --> 01:25:05.656
There should be some sort of reporting expectations from the functions that are engaged.
01:25:05.865 --> 01:25:07.850
Uh, I do think that there is, um,
01:25:08.471 --> 01:25:12.332
some obligation to consult with the committee when new legislation is being
01:25:12.332 --> 01:25:16.442
brought forward, when there are ideas that have emerged that might affect the
01:25:16.442 --> 01:25:19.000
way that a particular transparency policy is implemented.
01:25:19.255 --> 01:25:23.432
I think that there's a mutual duty on the part of someone who's a part of that
01:25:23.432 --> 01:25:28.937
committee to bring ideas, but also for the public service to bring their ideas forward as well.
01:25:29.223 --> 01:25:32.682
I don't know how to extend this to, I mean, this is all well and good for the
01:25:32.682 --> 01:25:38.081
provincial governments, but I do wonder how to define the relationship between,
01:25:38.612 --> 01:25:40.092
this hypothetical committee and,
01:25:41.372 --> 01:25:46.620
local and regional government, which gets lost in a lot of discussions about,
01:25:47.612 --> 01:25:48.587
freedom of information.
01:25:49.672 --> 01:25:52.785
In our study itself, you were only studying provincial-level organizations.
01:25:53.552 --> 01:26:00.604
But on my drive to Inframir last week, I was thinking, as we passed by every,
01:26:01.732 --> 01:26:04.250
town and village and Municipal Council on our way there.
01:26:06.052 --> 01:26:08.086
How are our recommendations going to affect them?
01:26:08.992 --> 01:26:12.162
And I have less of a clear understanding of that, to be radically honest.
01:26:12.162 --> 01:26:18.052
I think that there is a movement in BC for more accountability in local government.
01:26:18.432 --> 01:26:21.812
It's come with the discussion about an auditor general for local government.
01:26:22.446 --> 01:26:26.752
The ombudsperson for British Columbia has called for a code of conduct for local
01:26:26.752 --> 01:26:31.264
governments, and an integrity commissioner like Ontario has here. I support that.
01:26:32.912 --> 01:26:37.142
But I do wonder how to define the relationship between what we're concerned
01:26:37.142 --> 01:26:39.455
about and these other issues of like,
01:26:40.152 --> 01:26:43.574
you know, municipal politics, which increasingly becomes a question of,
01:26:43.574 --> 01:26:47.392
you know, because the rhetoric of the town council about like how we engage
01:26:47.392 --> 01:26:51.412
in public life, which could easily become a conversation about social media if we're not careful.
01:26:51.412 --> 01:26:59.982
So the committee idea, while I believe in it, there's much work to be done in
01:26:59.982 --> 01:27:00.974
how to make this effective.
01:27:01.793 --> 01:27:05.232
Yeah, and I think this is all a work in progress. And I think this discussion
01:27:05.232 --> 01:27:08.891
and this larger project that we're interviewing you about is,
01:27:09.350 --> 01:27:14.139
at the very least, I hope it provokes movement in the right direction for these types of things.
01:27:14.615 --> 01:27:17.302
So yeah, I think what you've been doing is a huge contribution.
01:27:17.302 --> 01:27:21.422
And as has been mentioned at least a couple times now, or at least once,
01:27:21.422 --> 01:27:27.442
which is that this project took four years and involved an unusually large and
01:27:27.442 --> 01:27:29.023
fragmented body of records.
01:27:29.510 --> 01:27:33.062
So, last question before we get to the conclusion of this, Spencer,
01:27:33.062 --> 01:27:35.442
you know, what surprised you most about this work?
01:27:36.465 --> 01:27:39.518
And what did the evidence cause you to reconsider?
01:27:41.103 --> 01:27:45.792
I think the thing that surprised me most was, like, I mean, every researcher
01:27:45.792 --> 01:27:49.868
is probably surprised by their data when they're a new researcher, but I...
01:27:51.041 --> 01:27:54.804
I had never worked, like I said, in a large organization before.
01:27:55.564 --> 01:28:01.224
Truly, I had this idea of government. It's like every document comes in a letterhead,
01:28:01.784 --> 01:28:04.363
is typed consistent to one typeface.
01:28:05.284 --> 01:28:09.308
It's pretty, it's deliberate, it's authoritative, it has a visual rhetoric to it.
01:28:09.622 --> 01:28:13.944
And I was not expecting to get PowerPoints and screenshots of,
01:28:16.164 --> 01:28:20.534
OneNote entries, and that be the defining bureaucratic literature of 21st century
01:28:20.534 --> 01:28:22.091
British Columbia public administration.
01:28:22.300 --> 01:28:28.924
The idea that when we asked for policies and that word.
01:28:31.244 --> 01:28:39.554
Affected the transaction of a PowerPoint presentation in response was so enlightening
01:28:39.554 --> 01:28:43.124
and surprising and pushed me to think about,
01:28:44.144 --> 01:28:48.834
well beyond what I think Buckland was originally talking about in this book,
01:28:48.834 --> 01:28:50.059
Information and Society,
01:28:50.944 --> 01:28:54.934
which I read at the very beginning of, like, the same month Jason gave me the
01:28:54.934 --> 01:28:59.028
project, I was assigned the first chapter of this for Info 100 at UBC,
01:28:59.784 --> 01:29:03.376
and I ended up reading the whole thing a few months later.
01:29:04.284 --> 01:29:09.074
But, like, I think that's what, like, all of it, like, methodologically and
01:29:09.074 --> 01:29:13.272
substantively comes down to the way we think about documents in politics.
01:29:13.614 --> 01:29:16.464
And I think that my...
01:29:16.984 --> 01:29:20.110
I had very distant expectations.
01:29:23.804 --> 01:29:30.641
Relative to what I actually got. And I feel like I'm constantly having to re-evaluate,
01:29:32.264 --> 01:29:36.574
whether or not we need to go back to some sort of fictitious golden era of documentation,
01:29:36.574 --> 01:29:38.773
whether that's worth it, whether that's holding things back,
01:29:39.650 --> 01:29:43.011
how that relates to other concepts like innovation and justice.
01:29:43.804 --> 01:29:49.019
But I think truly the variety of documentation I encountered I was not expecting at all.
01:29:49.872 --> 01:29:54.074
Yeah, for sure. Okay, so Spencer, we are nearing the end. We're going to do
01:29:54.074 --> 01:29:58.168
a quick round of questions. I'm going to ask each of you a question.
01:29:59.439 --> 01:30:03.014
I'm going to go with you first, Spencer. Brief question here.
01:30:03.014 --> 01:30:06.857
You know, what is the one finding, the thing that listeners should remember?
01:30:07.954 --> 01:30:10.553
Yeah, what is the one finding that listeners should remember?
01:30:11.366 --> 01:30:16.834
Make a document true to your intentions that is that is that is the the finding uh that i think,
01:30:17.653 --> 01:30:22.194
uh everyone regardless of whether you wherever you work wherever wherever there
01:30:22.194 --> 01:30:25.074
there are you are making decisions about another person whenever you commit
01:30:25.074 --> 01:30:29.810
something to writing make sure it reflects your intentions that's the takeaway for me.
01:30:29.954 --> 01:30:37.234
That's beautiful yeah uh jason so what is the first practical action fiba wants
01:30:37.234 --> 01:30:39.045
government to take from all this
01:30:40.206 --> 01:30:43.934
I think the first practical action we want government to take about all of this
01:30:43.934 --> 01:30:47.422
is to read and review the report and do more than just talk about it.
01:30:47.770 --> 01:30:51.924
We want them to address the current state of affairs that is really unsatisfactory
01:30:51.924 --> 01:30:56.552
right now and act proactively to move public bodies to improve their transparency,
01:30:56.767 --> 01:31:01.450
improve accountability, and restore the public trust that is constantly being eroded.
01:31:01.799 --> 01:31:06.474
Our preliminary report indicated a whole bunch of discussion guides to support
01:31:06.474 --> 01:31:07.946
those types of considerations.
01:31:08.294 --> 01:31:12.704
And there's links to all of this material on our website in the show notes here
01:31:12.704 --> 01:31:16.784
there's lots of ability for people to do that but the key thing is read and
01:31:16.784 --> 01:31:20.594
review the report to start and then do more than just talk about it by taking
01:31:20.594 --> 01:31:22.673
action to act on some of those recommendations
01:31:23.411 --> 01:31:27.324
Absolutely yeah so we're going to include references and links to that in the
01:31:27.324 --> 01:31:30.904
show notes and everyone can do the proper research that they want they want
01:31:30.904 --> 01:31:33.117
to follow up on all the things that we've been discussing today.
01:31:34.194 --> 01:31:40.194
Mike, last question for you, sir. Why should someone who has never filed an
01:31:40.194 --> 01:31:43.055
FOI request care about this report?
01:31:44.708 --> 01:31:48.896
It's a good question, Patrick. Well, you know, I was reflecting on this.
01:31:49.896 --> 01:31:53.586
I think, first off, you don't need to read the report to file an FOI request.
01:31:53.586 --> 01:31:56.829
That's very important. People can file a FOI request without doing so.
01:31:57.218 --> 01:32:01.616
But what's documented in the report, the challenges that are found,
01:32:01.616 --> 01:32:07.666
the recommendations, I think they're very, actually very close to the experiences of new requesters.
01:32:08.816 --> 01:32:13.496
The kinds of things that people who've filed their first FOI requests come to
01:32:13.496 --> 01:32:17.266
FIPA about, the challenges they encounter, are very much the kinds of challenges
01:32:17.266 --> 01:32:18.396
that are documented in the report.
01:32:18.396 --> 01:32:21.896
So we say, well, you can't disclose what you can't find.
01:32:21.896 --> 01:32:25.126
This is about retrieval. A lot of people are frustrated because they know,
01:32:25.126 --> 01:32:30.316
in general, that information that meets their needs exists, but it doesn't come
01:32:30.316 --> 01:32:31.836
back to them in an FOI request.
01:32:31.836 --> 01:32:35.386
And that could be because there's a lack of skill in terms of finding it or
01:32:35.386 --> 01:32:41.006
a lack of resources, or proper archival practices, or as we've talked about,
01:32:41.006 --> 01:32:42.548
there's just a lack of documentation.
01:32:42.948 --> 01:32:47.099
So that's a core frustration of the average FOI user.
01:32:47.290 --> 01:32:52.006
Average FOI user is not someone who's going to be experienced with the metrics,
01:32:52.006 --> 01:32:56.746
with the timelines and deemed refusal rates and so on. They're looking for records
01:32:56.746 --> 01:32:58.899
that are meaningful to them for a variety of reasons.
01:32:59.358 --> 01:33:03.386
So I think it's a very kind of close to home report in that way.
01:33:03.890 --> 01:33:08.166
And also this notion of correctness as a standard. I mean, we have such an orientation
01:33:08.166 --> 01:33:11.256
towards quantitative benchmarking for everything, right? You got to measure
01:33:11.256 --> 01:33:14.156
it. You got to have, everyone's got bio trackers on, everyone's measuring and
01:33:14.156 --> 01:33:15.298
quantifying everything.
01:33:15.605 --> 01:33:19.226
And so the efficiency and effectiveness of government institutions and practices
01:33:19.226 --> 01:33:22.556
also becomes very much quantified. And it's about the measurements and the metrics
01:33:22.556 --> 01:33:23.535
and the graphs and the charts.
01:33:24.657 --> 01:33:29.389
But not really for the FOI user, not for the person who's looking to file their first FOI request.
01:33:29.389 --> 01:33:32.499
They just want the damn records. So the correctness emphasis there,
01:33:32.499 --> 01:33:36.789
I think, is very much in line with that lived experience of the requester.
01:33:36.789 --> 01:33:40.959
And in some ways, I would argue that a lot of the traditional literature on
01:33:40.959 --> 01:33:47.409
what's wrong with FOI systems sometimes misses out on those really core things
01:33:47.409 --> 01:33:48.429
that are pretty close to home.
01:33:48.429 --> 01:33:51.289
So that's what I would say, is that this, for people who are frustrated with
01:33:51.289 --> 01:33:55.709
the FOI process, or people who are looking to use it, the implementation of
01:33:55.709 --> 01:33:58.115
these recommendations, I think, would make a difference, a real difference.
01:33:59.666 --> 01:34:04.118
Yeah, I think in sum, this project, this report is illuminating,
01:34:04.728 --> 01:34:07.902
helps clarify some issues that people may have.
01:34:09.911 --> 01:34:13.719
Well, I just want to say in sum here This has been a really robust discussion
01:34:13.719 --> 01:34:18.679
And I really want to thank all of you for your time today And especially to
01:34:18.679 --> 01:34:23.141
you, Spencer, for four years of work You did some incredible work here
01:34:24.119 --> 01:34:28.519
And it's really a one-of-a-kind thing So again, I not only feel,
01:34:28.519 --> 01:34:32.039
but I think I know That it's going to produce some very fruitful Not only discussions,
01:34:32.039 --> 01:34:35.619
but movement as well In the right direction So,
01:34:36.179 --> 01:34:40.073
Spencer, thank you so much for joining us all here today. Thank you.
01:34:45.881 --> 01:34:50.421
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