Dear Editor,
I wish to offer a few comments on the current discussion on Freedom of Information legislation (FOI) in Guyana based on my past involvement in the preparation for, and implementation and administering of FOI legislation as a public servant in Canada. According to an article in your paper of June 7, “presentations on FOI laws and its implementation and uses were made at the workshop (Commonwealth Parliamentary Association Conference) by FOI advocate, Toby Mendel, Trinidad and Tobago Minister of Information Neil Parsanlal and Trinidad and Tobago television journalist Sasha Mohamed.” It is unfortunate that no presentation seems to have been made by a Privacy Commissioner from a jurisdiction where such an officer is mandated by FOI legislation.
FOI is one side of a two-sided coin. Protection of privacy and confidentiality of personal information is the very important other side. These two go together, hand in hand. I am not familiar with the private member’s bill that was introduced in Guyana’s parliament. However, I have not seen much discussion in the press on protection of privacy. Over the years, I have seen both government ministers and opposition members of parliament getting into difficulty when they have neglected to pay attention to the privacy aspect of FOI legislation in their zeal to score political points against their opponent. Not too long ago in the US, a senior member of Vice President Cheney’s staff was convicted for disclosing the name of a CIA officer.
It should be noted that while FOI legislation could aid transparency in government, it is not the panacea that some might be expecting. Such legislation, by necessity to protect an individual’s privacy or for national security reasons, must allow for certain exemptions from disclosure. In addition, third party information provided to government during the tendering process for government’s business, for example, is likely to be exempted in order to protect a bidder’s confidential information from getting into the hands of a competitor. In the current political climate in Guyana of mistrust and suspicions among the political players, sober judgment must prevail to ensure that a fine balance is maintained between safeguards for privacy and the need for disclosure.
Even in mature and stable democracies, administering FOI legislation presents challenges. In Canada, both at the federal and the provincial levels, a significant number of requests for information are refused, at least initially pending appeal, or are too costly for the requestor to proceed with. In Guyana’s case, these are likely to be more onerous and contentious. I pity those public servants who will be responsible for administering the law. Will their job security become threatened when information that is embarrassing to the government is released under the law or will they earn the wrath of the political opposition when information is withheld? As a law, FOI legislation will be subject to interpretation. One can only hope that if/when FOI legislation is enacted, administrators of the legislation will fare better that those at GEOCOM.
Irrespective of the difficulties, I support the push for FOI legislation as long as adequate provisions are made for the protection of privacy. However, the draft legislation must be well ventilated in the public domain so that all stakeholders can move forward with their ‘eyes wide open’ and not be misled when the law is enacted and administered faithfully.
Yours faithfully,
Harry Hergash
