BORG: Protect Ford — foreign spies aren’t filing Freedom of Information requests

TORONTO — Premier Doug Ford’s defence of proposed changes to Ontario’s Freedom of Information (FOI) laws rests on a claim that doesn’t hold up to even basic scrutiny, which is that hostile foreign governments could use FOI requests to obtain sensitive information.Ford has pointed to countries such as China, Russia, and North Korea as justification for tightening access to cabinet records and certain communications, framing the move as a matter of cybersecurity. The argument sounds serious — until you consider how the system actually works.FOI requests in Ontario are not a quick or covert tool for espionage. They are slow, bureaucratic, and often frustratingly delayed. Responses routinely take weeks or months, sometimes longer, even for relatively straightforward requests. In some cases, records arrive heavily redacted or require appeals that stretch timelines even further.That reality undercuts the premise entirely.Foreign intelligence agencies are not known for patiently filing paperwork, paying modest application fees, and waiting months for partial disclosures through a transparent legal process. They operate through cyber intrusions, human intelligence, and other covert means — not public-access laws designed for citizens, journalists, and researchers.The suggestion that adversarial states would rely on Ontario’s FOI system to gather meaningful intelligence is, at best, a misunderstanding of how both espionage and access-to-information regimes function.It also risks conflating two separate issues: legitimate cybersecurity threats and public accountability..Cybersecurity is a real and growing concern for governments at all levels. Protecting health records, research data, and critical infrastructure from hacking attempts is an essential responsibility. But those risks are addressed through network security, data protection protocols, and intelligence operations — not by limiting what can be requested through FOI legislation.By linking the two, the government blurs the line between safeguarding sensitive systems and restricting access to information that helps the public understand how decisions are made.Ford has argued that Ontario is simply aligning its rules with those of the federal government and other provinces, particularly when it comes to cabinet confidentiality and private communications. But critics note that Ontario lacks some of the transparency mechanisms that exist elsewhere, such as more robust disclosure requirements around lobbying and political interactions.That raises a broader question: if the goal is consistency, why not adopt the transparency measures as well?There is also a practical dimension often missing from the debate. Those who regularly use the FOI system — journalists, researchers, and members of the public — already face significant barriers. Delays, fees, and redactions are common. Expanding exemptions risks making an already cumbersome process even less effective.From that perspective, the concern is not that foreign governments will exploit the system, but that ordinary users will find it increasingly difficult to access information that should be public..Having filed multiple FOI requests with Ontario ministries, the experience is anything but streamlined. Requests can sit for extended periods before being processed, and responses frequently require follow-ups or appeals. It is a system that demands persistence, not one that offers quick or strategic advantage.That lived reality makes the notion of foreign actors relying on FOI processes particularly difficult to accept.At its core, access-to-information legislation exists to promote transparency and accountability in government. While certain exemptions — such as those protecting personal privacy or genuinely sensitive cabinet deliberations — are well established, expanding those protections under the banner of cybersecurity invites skepticism.Governments must balance openness with confidentiality. But when the justification for change leans on scenarios that do not reflect how the system operates in practice, it risks undermining public confidence in both the policy and the rationale behind it.Ontario’s FOI regime may well need updating after decades in place. Technology has changed, and so have expectations around privacy and data security. But reforms grounded in exaggerated threats rather than operational reality are unlikely to strengthen either transparency or cybersecurity.If anything, they raise more questions than they answer.

BORG: Protect Ford — foreign spies aren’t filing Freedom of Information requests

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