Abstract: Access to information is a crucial means by which individuals can monitor the regulators and the regulated and come to trust the regulatory system. Access to information has also developed as a principle of sustainable development law over the past fifty years through its inclusion and use in a variety of human rights, trade, and environmental fora. As public doubt over the human and environmental safety of the products of biotechnology continues to linger, industry’s desire for confidentiality runs headlong into citizen actions to ensure that they and their environment are being protected.
In Canada, the Access to Information Act creates a presumption of a right of access to records under the control of government. There are exemptions to this right with regards to third party information submitted to government as well as exceptions to the exemptions. In the context of applications for unconfined release of plants with novel traits, much of the information submitted to government by the proponent is classed as confidential and so protected by the exemptions. Different studies have recommended disclosure of the environmental risk assessment data submitted by proponents but the Canadian Food Inspection Agency (CFIA) has yet to implement these recommendations. Rather, experience demonstrates that the CFIA is leaving proponents to decide when access to information will be granted resulting in fundamental misinterpretation of the Access to Information Act. Where access to the environmental risk assessment data has been obtained, serious shortcomings have been revealed.
The problem can be fixed through proper application of the access to information rules and/or the development of new obligations but ultimately it will require an appreciation of access to information as a key component of sustainable development.
Posted by
Peter Suber at 11/04/2005 09:06:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
