Rock administration loses another access-to-information decision - Seven more Allan Rock emails ordered disclosed - IPC Order PO-3540-F

The University of Ottawa's poor record of systematically opposing access to information has been documented many times on this blog.

On October 15, 2015, the University of Ottawa lost another Information and Privacy Commissioner (IPC) decision (LINK to Student's-Eye View report). Seven (7) more Allan Rock emails were ordered disclosed: IPC Order PO-3540-F.

Here are excerpts from the decision:

[5] In this order, I do not uphold the university's decision to withhold the records pursuant to section 17(1) of the Act, and I order it to release the records to the appellant.

[8] The university argues that the records contain commercial information supplied to it by third parties and are exempt pursuant to the mandatory third party information exemption at section 17(1) ...

[12] The university goes on to submit that disclosure would result in such information not being provided to the university again. It submits that, at the commencement of or during the relationship between the university and a third party, high level exchanges of communications will often take place between the third party and senior executives of the university, Including the President. The university submits that it is important to these discussions that third parties be able to share information freely, and that if they learn that information which they provide may be disclosed, they may not be willing to engage in similar high-level strategic discussions. As a result, the university will be prejudiced in its ability to negotiate new projects and undertakings with third parties.

[14] The appellant submits that these records do not relate to "informational assets". He points out that the subject of record 164 is "visit to country", and the subject of record 209 is "country". ...

[25] I conclude that the university has not discharged its onus and that there is no reasonable expectation of the harm identified by the university occurring if the records are disclosed. Therefore, section 17(1) does not apply to them. ...

I order the university to disclose records 143, 164, 209, 219, 270, 271 and 272 to the appellant ... This disclosure is to take place by November 20, 2015...

Six more IPC rulings released against the University of Ottawa, in the last two months

Between January 16, 2014, and March 11, 2014, six more rulings of the Information and Privacy Commissioner for Ontario have been released against the University of Ottawa.

No other university in Ontario has so many violations of access to information law.

Here is the list for that period alone:

Order PO-3294: University ordered to disclose all the records to the individual.

Order PO-3298: University ordered to require a named doctor to perform a search.

Order PO-3302: Adjudicator does not uphold the University's application for its exclusion on the alleged basis of "employment or labour relations".

Order PO-3312: University ordered to disclose 20 records that it was withholding.

Order PO-3314: University ordered to disclose 50% of the records that it was withholding.

Order PO-3318: University ordered to disclose all the responsive information in the withheld records.

To me, this suggests an institutional disregard for the law of access to information.

In my opinion, instead of using its discretion to promptly provide access to requested information, the university appears to be using constructive attempts to avoid its statutory obligations, and appears willing to fight lengthy and costly appeals to prevent being transparent with its students and the public.

It's not winning the appeals. But it is delaying fair access. Rather than using the law primarily to protect the privacy of individuals, the university is using the law to shield itself against needed institutional transparency.

As a result, individuals are being prevented from accessing their own personal information generated by and/or kept by the university, while others see their information improperly disclosed to political opponents.

Certainly an area where the U of O stands out. A culture of political-party-style management darkness coupled with irresponsible refusals to protect the information of its students and professors. For example, THIS, and THIS.

More to come before that particular culture changes... stay tuned.

Another dubious distinction for U of O: No easy access to information

University of Ottawa again topped list of formal requests for information last year (LINK)
By Neco Cockburn, OTTAWA CITIZEN June 7, 2013


The University's spin is poor:

No mention of how the U of O routinely claims that access to information requests are made in bad faith, only to be ordered or otherwise convinced to comply: PO-3121, PO-2974.

Or of how often the U of O simply disregards the access to information law and must be ordered to produce a response:  PO-3043, PO-2671, PO-2698.

The only case where the University's claim that a request is made in bad faith was upheld is the case mentioned by the spin doctor: PO-3188.

Rock administration ordered to follow the law: Must give access to President's emails

From A Student's-Eye View: HERE.

The Information and Privacy Commissioner (IPC) of Ontario has ruled on January 25, 2012 (IPC Order PO-3043) that the University of Ottawa has shown unacceptable disregard for the Freedom of Information and Protection of Privacy Act in refusing to respond to a University Senator's request for internal communications between President Allan Rock and his (former) Chief of Staff Stephane Emard-Chabot.

The University had flippantly and incorrectly rejected the access-to-information request by claiming that the request was not sufficiently clear. The IPC rebuffed the University and ordered it to perform the search for the emails and provide an access decision.

This illustrates the University's bold disrespect for Ontario's transparency law. The University of Ottawa receives among the highest numbers of IPC orders against it of all universities in Ontario.