The InterPARES Trust and the Canadian Centre for Information and Privacy Studies combined forces to parse a 2015 scandal in British Columbia known as the “Triple Delete” scandal. A government staffer was charged with willfully making false statements to mislead (or attempt to mislead) under the province’s Freedom of Information and Protection of Privacy Act. This resulted from the deletion of emails related to a freedom of information request relating to the so-called Highway of Tears, an area notorious for cases of missing and murdered women. In order to circumvent the email backup systems that are ubiquitous in most government and private organizations today, these emails had to be thrice deleted:
- once by moving the emails into the Deleted folder
- twice by deleting the emails from the Deleted folder
- and finally by manually overriding a backup, which would have allowed these deleted items to be recovered for up to 14 days
As egregious as this violation of the public trust may sound, the conclusion of this project is that this action was born of a government culture where the tendency is towards secrecy. In order to avoid scrutiny of the decision-making process, government has moved to an oral culture where important decisions are simply not documented. Yet the project asserted scandals that have arisen in the province of British Columbia have come from what the public was not told rather than from blow-back to information that was shared.
On April 16, 2021, the documentary Duty to Document premiered along with an expert panel discussion and Q&A session, which can be viewed at https://www.youtube.com/watch?v=fcFp9HCnU7g. The session included:
- Luciana Duranti, Professor, Archival Studies, School of Information, University of British Columbia
- Mike Larsen, President, BC Freedom of Information and Privacy Association; Co-author of Brokering Access: Power, Politics, and Freedom of Information Process in Canada
- Victoria Lemieux, Associate Professor, Archival Studies, School of Information, University of B.C.; Lead, Blockchain research cluster, Blockchain@UBC
- Andrew MacLeod, Legislative Bureau Chief, The Tyee magazine
They briefly discussed the benefits that can come from proactive disclosure of information but concluded these actions usually aren’t incentivized. Ultimately, these thought leaders concluded that the duty to document should be prescribed in law. More information about this project can be found at https://www.infoandprivacy.ca/duty-to-document/, on the website of the Canadian Centre for Information and Privacy Studies.
On this side of the 49th parallel, I’m afraid we have our own failure to document encouraged by a culture that discourages the creation of records you don’t want to be called on to produce. Personally, the historian side of me likes to point to the 1974 U.S. v. Nixon case, where the U.S. Supreme Court compelled President Nixon to produce recordings from the Oval Office, as the birth of the mistrust of records. But I also recognize that’s too simplistic an explanation.
Perhaps we are starting to figure out part of the incentivizing piece. In North Carolina, the Public Records Act specifies that government agencies that proactively make records available online are then exempt from answering specific individual requests for these records:
(a1) A public agency or custodian may satisfy the requirements in subsection (a) of this section by making public records available online in a format that allows a person to view the public record and print or save the public record to obtain a copy. If the public agency or custodian maintains public records online in a format that allows a person to view and print or save the public records to obtain a copy, the public agency or custodian is not required to provide copies to these public records in any other way. (NC Gen. Stat. 132-6 (a1))
Therefore, agencies can identify records that are frequently requested and preemptively make them available online. Now if we can just eradicate the fear that the records we produce are going to be used against us. I want to believe there’s a way to balance the needs of constituents to understand the actions of their government with the desire by government leaders to protect the recipe for the secret sauce.