While it may seem from Councillor Howard Moscoe's words that, as Ontario's Information and Privacy Commissioner, I am preventing politicians from doing their job, nothing could be further from the truth.
I have never implied that councillors cannot be trusted with confidential information or that only civil servants should have access to personal information.
But, what I have said is that when a municipal government, such as the City of Toronto, provides access to personal information, it must do so in compliance with the Municipal Freedom of Information and Protection of Privacy Act.
That Act is designed to protect the privacy interests of all citizens, such as the residents of Toronto. Under the Act, municipal councillors do not have a right to unrestricted access to the personal information in the hands of the city. For example, the Act restricts access to personal information relating to bylaw enforcement only to those city officials who require it to carry out their duties - not everyone gets to see everything.
I note that I am not alone in taking this position. The city commissioned a legal opinion from George Rust-D'Eye, a foremost expert in municipal law, regarding what access is permissible to city databases by councillors.
As Mr. Rust-D'Eye's legal opinion concludes, a member of council has the legal right to be provided with information and records "necessary" to enable the councillor to carry out his or her duties as an elected member of council. However, to the extent that this includes the names of individuals, whether as owners, residents, complainants, or the subject of complaints, this information is considered "personal information" and is subject to the province's privacy laws. Mr. Rust-D'Eye concludes that councillors are already receiving access to the vast majority of information in city databases that is non-personal in nature. Councillors properly only receive access to information for which they have a legitimate need.
Finally, the article states that I have interpreted the Act to say that only the city clerk, as head of council, is entitled to access private information. Again, I have never taken this position.
As noted above, personal information is available to any city employee who requires that information to carry out his or her duties. Even the City Clerk, as the designated head of council, can only access the personal information of Toronto residents after meeting this requirement.
And that's the way the public wants it. Otherwise, an individual may give consent to the release of his or her information to the councillor of their choice - no problem. So what exactly is Mr. Moscoe's problem?
Ann Cavoukian, Ph.D.
Ontaior Information and Privacy Commissioner