This thesis provides a theoretical examination of the nature of public records. The study begins by outlining a view of archival theory as knowledge resulting from the analysis of ideas. This form of analysis is first applied to the concept of records, and then to the narrower concept of public records. The result is a view of public records as documents made or received and preserved by the sovereign or its agents in the legitimate conduct of governance. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

The transfer of copies of vital event records into a government archives repository is necessary not only to ensure their ongoing preservation, but also to provide access and accessibility to them for all researchers in an appropriate setting. At present all vital event records gatekeepers in Canada, except two, do not have in place a system providing for such regular transferral. The central reason for this lack of process is the assumption that vital event records are somehow different in kind, and not just in type, from other public records that contain personal information. This thesis evaluates that assumption through an analysis of the history of vital statistics legislation and a comparative study of the privacy regime of that legislation with the legislative regime of access to information and privacy. Having done these two studies, the thesis then recommends a way in which legal transfer from the gatekeepers to the repository can be achieved. That recommendation is, first, that all discussion regarding access must be accomplished before their acquisition. Secondly, their acquisition and accessibility must be based upon the expiration of time—limits.

The transfer of copies of vital event records into a government archives repository is necessary not only to ensure their ongoing preservation, but also to provide access and accessibility to them for all researchers in an appropriate setting. At present all vital event records gatekeepers in Canada, except two, do not have in place a system providing for such regular transferral. The central reason for this lack of process is the assumption that vital event records are somehow different in kind, and not just in type, from other public records that contain personal information. This thesis evaluates that assumption through an analysis of the history of vital statistics legislation and a comparative study of the privacy regime of that legislation with the legislative regime of access to information and privacy. Having done these two studies, the thesis then recommends a way in which legal transfer from the gatekeepers to the repository can be achieved. That recommendation is, first, that all discussion regarding access must be accomplished before their acquisition. Secondly, their acquisition and accessibility must be based upon the expiration of time—limits. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

The right to privacy is the right of individuals to determine, within reasonable limits, the extent to which they are known to others. Over the last twenty years the enormous increase in the amount of personal information on citizens maintained in government record-keeping systems has led to increasing public concern for information privacy. Computer technology has contributed to the collection, preservation and use of massive bodies of highly detailed personal information documenting individual characteristics as well as a broad range of social transactions. Automated record-keeping systems permit the linking of personal information from a wide variety of government data banks, a capability which, civil libertarians fear, is vulnerable to abuse. The social contract underlying relations between citizens and the state requires that individuals surrender some measure of privacy in return for physical and social protection. But how far does that contract extend? Does the social contract which, implicitly, governs the collection of personal information in the interests of administering various social benefits, also entitle archivists, as the official keepers of government records, to permit subsequent uses of that information once its administrative usefulness has been exhausted? Social researchers, including social historians, take an affirmative position, arguing that the closure of records containing personal information is a violation of the principle of freedom of enquiry or the scholar's right to pursue and to communicate knowledge in the interest of a greater societal good. The question is, does freedom of enquiry possess the same moral value as the right to privacy? In situations where the two values conflict, where does the archivist's moral duty lie? The thesis will address these questions by examining the ethical justifications for and against research uses of personal information and the social role the archivist plays in mediating the competing moral claims for privacy and access. The thesis concludes that, in a democratic society, the right to privacy supersedes the scholar's freedom of enquiry. In situations where the two values conflict, archivists, as the public trustees of the record, must act on behalf of that public to ensure that the right to privacy is not violated. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

No description available.

Data matching is the automated process permitting the comparison of significant amounts of personal data from two or more different databanks in order to produce new information. Its use by governments implicates many rights and freedoms, including the protection against unreasonable search and seizure under section 8 of the Canadian Charter. / In the author's opinion, a governmental data matching program will probably constitute a search or seizure under section 8 when a positive answer is given to two questions. First, is there a use or transfer of information which implicates constitutionally protected information? Generally, section 8 will only protect biographical personal information, as described in the Plant case. Second, one must determine if a reasonable expectation of privacy exists as to the purpose for which the information will be used. In other words, one must determine if the two governmental databanks are separate on the constitutional level. / However, a positive answer to both of theses questions does not mean that the matching program necessarily infringes section 8. It will not be considered unreasonable if it is authorised by law, if the law itself is reasonable, and if the execution of the program is reasonable. Presuming that the program is authorised by law, it is probable that a matching program aimed to detect individuals collecting illegally social benefits will not be considered unreasonable.

Indiana University-Purdue University Indianapolis (IUPUI) / As medical data continues to transition to electronic formats, opportunities arise for researchers to use this microdata to discover patterns and increase knowledge that can improve patient care. Now more than ever, it is critical to protect the identities of the patients contained in these databases. Even after removing obvious “identifier” attributes, such as social security numbers or first and last names, that clearly identify a specific person, it is possible to join “quasi-identifier” attributes from two or more publicly available databases to identify individuals. K-anonymity is an approach that has been used to ensure that no one individual can be distinguished within a group of at least k individuals. However, the majority of the proposed approaches implementing k-anonymity have focused on improving the efficiency of algorithms implementing k-anonymity; less emphasis has been put towards ensuring the “utility” of anonymized data from a researchers’ perspective. We propose a new data utility measurement, called the research value (RV), which extends existing utility measurements by employing data constraints rules that are designed to improve the effectiveness of queries against the anonymized data. To anonymize a given raw dataset, two algorithms are proposed that use predefined generalizations provided by the data content expert and their corresponding research values to assess an attribute’s data utility as it is generalizing the data to ensure k-anonymity. In addition, an automated algorithm is presented that uses clustering and the RV to anonymize the dataset. All of the proposed algorithms scale efficiently when the number of attributes in a dataset is large.

The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) stipulates that every person has the right of access to information held by government. To give effect to this right, legislation in the form of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) was promulgated. This study explores the access to information regime that was established by die aforementioned legislation with specific reference to similar regimes in the United States of America, Australia, New Zealand and Canada. Attention is also devoted to the prerequisites and potential obstacles associated with the implementation of the Promotion of Access to Information Act, 2000. Based on the practices in other states, the conclusion was reached that the nature of information that may be requested in the South African context should be expanded, that cabinet records should only be excluded to the extent that disclosure thereof would be harmful, that frequently requested records should be made automatically available and that decision-making guidelines of government institutions should be published. As far as procedural requirements are concerned, it is proposed that information officers should acknowledge receipt of requests and that, where necessary, records should be translated to ensure that they are useful to a requester. It is further proposed that the wording of the ground of refusal regarding policy formulation and decision-making in government institutions be amended to take account of the consequences of disclosure. It is imperative that appeal and review mechanisms be accessible to members of the public and it is therefore proposed that an information commissioner be instituted to settle disputes in information related matters. Lastly it is proposed that sanctions be imposed against officials who deliberately undermine the public's right of access to information and that separate units be established in government institutions to deal exclusively with requests for access to information. / Public Administration / D. Litt. et Phil. (Public Administration)

The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) stipulates that every person has the right of access to information held by government. To give effect to this right, legislation in the form of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) was promulgated. This study explores the access to information regime that was established by die aforementioned legislation with specific reference to similar regimes in the United States of America, Australia, New Zealand and Canada. Attention is also devoted to the prerequisites and potential obstacles associated with the implementation of the Promotion of Access to Information Act, 2000. Based on the practices in other states, the conclusion was reached that the nature of information that may be requested in the South African context should be expanded, that cabinet records should only be excluded to the extent that disclosure thereof would be harmful, that frequently requested records should be made automatically available and that decision-making guidelines of government institutions should be published. As far as procedural requirements are concerned, it is proposed that information officers should acknowledge receipt of requests and that, where necessary, records should be translated to ensure that they are useful to a requester. It is further proposed that the wording of the ground of refusal regarding policy formulation and decision-making in government institutions be amended to take account of the consequences of disclosure. It is imperative that appeal and review mechanisms be accessible to members of the public and it is therefore proposed that an information commissioner be instituted to settle disputes in information related matters. Lastly it is proposed that sanctions be imposed against officials who deliberately undermine the public's right of access to information and that separate units be established in government institutions to deal exclusively with requests for access to information. / Public Administration and Management / D. Litt. et Phil. (Public Administration)