Thursday, July 21, 2011

NEW NS Right to Know Website

We have a new website, consolidating our blog and our main website in one place.

http://nsrighttoknow.ca/ now points to our new site.  Please refresh your browser if you still see the old site.

http://nsrighttoknow.ca/rtk-news/  points to the RTK/FOI blog.

It will be a couple days before everything works perfectly, so please bear with us.

Thursday, July 14, 2011

No need to FoI, just ask, says Richmond Council - Richmond & Twickenham Times

 
 

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An influx of Freedom of Information (FoI) requests has prompted a council request for people to call their councillors first. Councillor Geoffrey Samuel, deputy leader of Richmond Council , asked people to try other avenues when they had questions for the ...

 
 

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Wednesday, July 13, 2011

Quote of the Day - Clay Shirky

"News has to be subsidized because society’s truth-tellers can’t be supported by what their work would fetch on the open market... Markets supply less reporting than democracies demand." 
-- Clay Shirky, Why We Need the New News Environment to be Chaotic, July 9, 2011 via The Technium, Found Quotes, 8

Monday, July 11, 2011

Donald Lenihan: Canadians Share Accountability Concerns With the Developing World

http://www.huffingtonpost.ca/donald-lenihan/government-transparency_b_894172.html

Amending Access to Information Legislation: Legal and Political Issues

 
 

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via Centre for Law and Democracy by Michael on 7/6/11

Almost 90 countries around the world have enacted access to information (ATI) legislation, and in many of these countries, reforms and amendments are either being considered or have been passed. However, even minor adjustments to the legal framework around ATI laws can have substantial impact on how the law is implemented and used.

While access to information laws are increasingly a key subject of studies on governance reforms, within the literature there has been less emphasis placed on the impact of amendments to ATI laws and little analysis done to understand the processes that propelled such reforms forward.

Targeted for practitioners working in governance and transparency issues and as part of its Governance Working Paper series, the World Bank Institute has recently published Amending Access to Information Legislation: Legal and Political Issues by Toby Mendel, Executive Director of Centre for Law and Democracy.

The working paper looks at the main substantive issues ATI reform attempts have targeted and what legal forms they may take. It also examines the role different actors—civil society, the media, oversight bodies, parliaments, and political leaders—can play in helping support the adoption of reforms that promote openness and defeat those that erect barriers.


 
 

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Friday, July 08, 2011

More than two million Canadians 'not interested' enough to vote in last election

More than two million Canadians 'not interested' enough to vote in last election

Quote of the Day - Albert Schweitzer

Albert Schweitzer, 1952Image via Wikipedia"....Civilization, put quite simply, consists in our giving ourselves, as human beings, to the effort to attain the perfecting of the human race and actualization of progress of every sort in the circumstances of humanity and of the objective world. This mental attitude, however, involves a double predisposition: firstly, we must be prepared to act affirmatively toward the world and life; secondly, we must become ethical."

- Albert Schweitzer 1923 book "The Philosophy of Civilization"
   via Vikas Shah, Thought Economics, July 2011 http://thoughteconomics.blogspot.com/

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Monday, July 04, 2011

The Freedom of Information Act on its 45th anniversary - BeSpacific

 
 

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The Freedom of Information Act on its 45th anniversary | Commentary - July 01, 2011: "Lyndon Johnson opposed FOIA — said it was a plot against his administration — but a tenacious backbencher from California, John Moss, had pursued it for 12 years and ...

 
 

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Many public servants aren't standing up to political interference in access ...

 
 

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Hill Times (subscription)

Many public servants aren't standing up to political interference in access ...
Hill Times (subscription)
He said access to information release packages should be shown to political staff only as a courtesy so that they can prepare their communications plan. "The access to information request happens, you then present it and say, 'Here's what the request ...


 
 

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Friday, July 01, 2011

CIDA announces Open Data portal: What it means to Canadians

CIDA announces Open Data portal: What it means to Canadians

For those who missed it, the Canadian International Development Agency (CIDA) has announced it is launching an open data portal.

This is exciting news. On Monday I was interviewed about the initiative by Embassy Magazine which published the resulting article (behind their paywall) ...


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Associations to remain private bodies despite FOI switch

Associations to remain private bodies despite FOI switch

But an ONS spokesperson said: 'It is unlikely that making housing associations subject to FOI would lead to a reclassification as it would not have a large impact on the level of public control.' A Communities and Local Government department ... ...


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Tuesday, June 28, 2011

Nigeria: Journalists Cautioned Against Misuse of FOI Bill

 
 

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via Google Alerts - "foi" -"ma foi" by on 27/06/11

allAfrica: African news and information for a global audience.
allafrica.com/stories/201106241002.html

 
 

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Monday, June 27, 2011

Threat of action forces council to up FOI response performance

Threat of action forces council to up FOI response performance

We already spend at least £200000 on dealing with FOI requests for information every year. The number of requests has been almost doubling every year - in 2010 we answered 969 enquiries up from 203 in 2005." ...


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Secrecy causing problems for Ontario government, ombudsman says

Secrecy causing problems for Ontario government, ombudsman says

"We're the only province in Canada that doesn't do that," he said. "Something is wrong here." Marin also chided the government for its secrecy instead of embracing proactive disclosure. "Today the expectation is that information from the government ...


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Ontario must get with the times on transparency, watchdog says - Globe and Mail

Ontario must get with the times on transparency, watchdog says - Globe and Mail

Globe and Mail

Ontario must get with the times on transparency, watchdog says

Globe and Mail

The practice of having to file a complicated access-to-information request is "literally last century," André Marin said in his annual report, released on Tuesday. "People want information on what their government is doing, they want it to be easy to ...


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Making the government more accountable

Making the government more accountable

 

 


Read more: 
http://www.ottawacitizen.com/news/Making+government+more+accountable/5009392/story.html#ixzz1QUwzaXVQ


Purdue's slow FOI response erodes trust - Lafayette Journal and Courier

http://www.jconline.com/article/20110626/OPINION01/106260307/Purdue-s-slow-FOI-response-erodes-trust?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cp
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Friday, June 24, 2011

CBC motto: Spend, don't tell

 
 

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via Google Alerts - "access to information request" canada by London Free Press on 6/23/11

CBC was asked, through an official access to information request, to ... said that releasing the information would injure the economic interests of Canada, ...

 
 

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ICO obtains promises on quicker FOI replies - The Guardian

http://www.guardian.co.uk/government-computing-network/2011/jun/24/ico-cabinet-office-ministry-defence-birmingham-freedom-information-agreement
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Thursday, June 23, 2011

Department of Education sued by non-profit groups for ignoring Freedom of In...

 
 

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Two well-regarded non-profit groups sued the city Department of Education Wednesday over its refusal to respond to formal requests for public information. Advocates for Children and the Asian American Legal Defense and Education Fund slammed the city ...

 
 

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Top-paid civil servants lose right to wage privacy - The Guardian

 
 

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via privacy - Google News on 6/22/11


The Guardian

Top-paid civil servants lose right to wage privacy
The Guardian
The ruling is significant because for the first time, the commission has overruled privacy safeguards for individuals contained in the Data Protection Act in the name of greater government transparency. The government indicated that itbacked the ...

and more »

 
 

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Government bodies must comply with FoI terms

 
 

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via Google Alerts - "foi" -"ma foi" by Public Service on 6/23/11

The Cabinet Office, the Ministry of Defence and Birmingham City Council could all face formal regulatory action if they fail to comply with terms they have agreed to in improving their freedom of information (FoI) response times, the Information ...
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Public Service

 
 

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Tuesday, June 21, 2011

Program Officer opportunity | Open Society Foundations | Application Deadline: July 6, 2011

Program Officer

Transparency and Accountability Initiative
Open Society Foundation–London UK

Application Deadline: July 6, 2011


http://www.soros.org/about/locations/london/pota20110617 


via CAPAPA.org

Gov’t tables Freedom of Info bill - Stabroek News

 
 

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Government yesterday laid its Freedom of Information bill in the National Assembly and it was immediately sent to a special select committee. Minister of Home Affairs, Clement Rohee tabled the Bill in the absence of Prime Minister Samuel Hinds and asked ...

 
 

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FOIA Facts: The Most Transparent Administration in History? | LLRX.com

FOIA Facts: The Most Transparent Administration in History? | LLRX.com

http://www.llrx.com/columns/foia64.htm

Notice of AGM - Director's Meetings (teleconference option available)

NOTICE OF ANNUAL GENERAL MEETING / TELECONFERENCE

Date / time:  Friday, July 15, 201110:00 a.m.
Location (in-person participation): Suite 1800, 1801 Hollis Street, Halifax

Call in instructions (telephone participation): TBA
Agenda:
1. Annual report of the President (Darce Fardy)
2. Annual financial report of the Treasurer (Indranil Dutta)
3. Other annual reports (communications and government relations (Donna McCready), membership (Joanna))
4. Election of Directors for 2011-12
5. Towards establishing a FOI Fees Fund (Charles Cirtwill)
6.  Fundraising
7.  International developments (Toby Mendel)
8.  Other business

--

NOTICE OF DIRECTORS' MEETING / TELECONFERENCE

Date / time:  Friday, July 15, 201110:00 a.m.
Location (in-person participation): Suite 1800, 1801 Hollis Street, Halifax

Call in instructions (telephone participation): TBA
Agenda:
1.  Appointment of officers for 2011-12
2.  Whether to adopt a policy of asking active members to make a standard annual cash donation to RTK (pursuant to By-law 2).
3.  Other business

*   *   *   *   *
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Monday, June 20, 2011

Secretary of State complains of "FOI abuse" - Daily Siftings Herald

http://www.siftingsherald.com/topstories/x1425874709/Secretary-of-State-complains-of-FOI-abuse
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Gov't introduces, sends FOI bill to parliamentary select committee

 
 

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via Google Alerts - "foi" -"ma foi" by Demerara Waves on 6/18/11

The Guyana government has moved a step closer to making good on a years-long promise to enact Freedom of Information (FOI) legislation with Friday's introduction of the Access to Information Bill in the National Assembly. The bill had its first reading ...
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Friday, June 17, 2011

OpenGovernment Minnesota Launches Today

 
 

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via Sunlight Foundation Blog by Liz Bartolomeo on 6/17/11

Residents of Minnesota now have a new way to keep track of what's happening in their state with the launch of OpenGovernment Minnesota. The "land of 10,000 lakes" is the latest state added to OpenGovernment, a joint project of the Sunlight Foundation and the Participatory Politics Foundation, along with support from the Minnesota Historical Society.

Visit MN.opengovernment.org to get the real story behind what's happening in government across the state via official government information, local news coverage, blog posts and social media alerts.

Writes David Moore on the OpenGovernment blog:

Now folks in Minnesota can track with ease everything their state legislature does — all the bills that are proposed, votes that are taken, money that was raised, and more. We've timed the launch of this, the sixth U.S. state on OpenGovernment, to coincide with the Netroots Nation conference ongoing this weekend in Minneapolis / St. Paul. We're pleased to share this new public resource for accountability in government and citizen watchdogging with all the political bloggers & issue-based activists there.
The Sunlight Labs Open States project developed the legislative backend for OpenGovernment. Supported in part by the work of volunteers, the Open States project's goal is to collect and scrape legislative data from all 50 state legislatures and make it available online in a unified, developer-friendly format.

 

 
 

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FOI workshops to combat poor awareness in region

 
 

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via Google Alerts - "foi" -"ma foi" by Dumfries and Galloway Standard on 6/16/11

Research has found that there are lower levels of awareness of the FOI right in Dumfries and Galloway than the rest of Scotland. Only 25 per cent of Dumfries and Galloway respondents to a 2009 survey correctly identifying that FOI provides a right to ...
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Slew of FOI requests 'vexatious'

 
 

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via Google Alerts - "foi" -"ma foi" by Caymanian Compass on 6/16/11

"Applicants should use the FOI [Law] responsibly, and to abuse the rights given under the law brings the law into disrepute, and undermines the operation of the law for the benefit of others." The information commissioner also pointed out that the ...
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Thursday, June 16, 2011

Access denied: Alberta's secrecy with public information and the implications for the press

Access denied: Alberta's secrecy with public information and the implications for the press

 

 

Saturday, June 11, 2011

Iceland employs Web to write new constitution: welcome to the 21st century

Iceland employs Web to write new constitution: welcome to the 21st century

Iceland's new constitution is being written with citizen input via the Web, Facebook, YouTube and Twitter.


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Vancouver Police ignore Information Commissioner's ruling

Vancouver Police ignore Information Commissioner's ruling

The VPD's FOI policies haven't gotten as much attention as BC Ferries', but they were actually the first agency in BC to begin posting FOI records online, something it started doing several years ago. Given Denham's strong criticism of such policies, ...


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FOI officer calls for release of road work info - NovaScotia - TheChronicleHerald.ca

http://thechronicleherald.ca/NovaScotia/1248051.html

Friday, June 10, 2011

Recent NS Review Report - Freedom of Information & Protection of Privacy Review Office

On June 1, 2011, Nova Scotia Freedom of Information and Protection of Privacy Review Officer, Dulcie McCallum released the following Review

Report   The full Report can be found on our website at http://www.foipop.ns.ca/rep_recent.html  

 

FI-10-41/FI-10-85/FI-10-86/FI-10-87

 

Report Release Date: June 1, 2011

 

Public Body: Transportation and Infrastructure Renewal

 

Primary Issues: Whether the Department of Transportation and Infrastructure Renewal ["Transportation"] appropriately applied the Freedom of Information and Protection of Privacy Act ["Act"] and, in

particular:

1. Whether the public interest provision overrides all of the other

exemption(s) claimed by Transportation.

2. Whether Transportation has caused inordinate delay. Whether the adequacy of the search for the Record has contributed to the delay.

Whether Transportation's failure to meet its statutory duty to assist has contributed to the delay.

3. Whether "not responsive" can be used as an exemption.

 

Secondary Issues: The following are issues that arose during the Review process but which the Review Officer did not need to make Findings and Recommendations in order to dispose of the Review:

1. If the information that withheld under s. 12 of the Act were to be disclosed, whether the conduct of intergovernmental relations between the Government of Nova Scotia and a municipal unit would be harmed.

2. Whether the information withheld under s. 14 of the Act fits the definition of advice or recommendations.

3. If the information withheld under s. 17 of the Act were to be disclosed, whether the government would suffer financial or economic harm.

4. Whether the information withheld under s. 20 of the Act fits the definition of personal information. Whether the disclosure would be an unreasonable invasion of privacy. Whether s. 20(4) of the Act applies.

5. Whether the three-part test applies to the information withheld under s. 21 of the Act.

6. Where it has been determined that a discretionary exemption applies, whether Transportation has properly exercised its discretion to apply it.

 

Record at Issue: Pursuant to s. 38 of the Act, Transportation has provided the Freedom of Information and Protection of Privacy ["FOIPOP"] Review Office with a copy of the complete Record, including the information withheld from the Applicant. At no time are the contents of the Record disclosed or the Record itself released to the Applicant by the FOIPOP Review Officer or her delegated staff.

The Record consists of a number of document types including letters, emails, meeting minutes, handwritten notes and memorandums. The Applicant has chosen to focus on "key documents".

 

Summary: An Applicant made multiple Applications for Access to a Record on behalf of a Residents' Group referred to as Protect the Bay. The multiple Requests for Review of the Transportation's decisions to withhold a significant portion of the Records were consolidated into one Review, as the Applications for Access to a Record were the same but for various consecutive time periods. Transportation withheld a large portion of the Record relying on many exemptions and a "not responsive" designation. The Review Officer found that the public interest override was paramount and that it should be applied in this case to release the remainder of the Record except for third party personal information.

 

Findings: The Review Officer made the following Findings:

1. I agree with Transportation's decision to waive the fees based on public interest.

2. I find that the public interest in s. 31 of the Act is paramount and applies to the entire Record except for personal information of third parties.

3. I find that Transportation caused inordinate delay in this Review.

4. I find that the back and forth trying to pin down the exact parameters and content of the Record contributed to the delay.

5. I find that Transportation essentially ignored my decision to expedite the Review and caused delay by choosing to exceed the time allotments given to public bodies.

6. I find the resulting delays were unnecessary and inappropriate.

7. I find that "not responsive" cannot be used as if it were an exemption to withhold information that does not fit within any of the exemptions simply because the public body does not want to release it.

8. I find there are strings of emails identified as "not responsive" but clearly do not fit this description.

9. I find that Transportation's use of "not responsive" is wholly inappropriate and not permitted under the Nova Scotia legislation.

Citizens have a right to access a Record.

10. I find that "not responsive" has been used by Transportation to shelter access to parts of the Record that are in fact responsive and do not fall under any exemption claimed.

 

Recommendations: The Review Officer made the following Recommendations to Transportation:

1. Disclose the remainder of the Record, the portion previously withheld under a number of exemptions, with only third party personal information severed, because disclosure is clearly in the public interest. This would include any portion that relates to other projects as it has been identified as part of the responsive Record by Transportation.

2. In future Reviews, Transportation should make every effort to comply with any term or condition imposed by the Review Officer including the condition to expedite a Review.

 

Key Words: accurate, burden, complete, confidential, consent, delay, discombobulating, discretion, duty to assist, environment, expedited, fees, financial harm, limited and specific, justice delayed, justice denied, onus, open, nonsensical, not responsive, open-house, override, paramount, personal information, public interest, public meeting, third parties, waiver.

 

Statutes Considered: Freedom of Information and Protection of Privacy Act, ss. 2, 5(2), 7, 31, 38.

Case Authorities Cited: NS Review Reports FI-02-20, FI-08-107, FI-00-29, FI-07-58, FI-07-60, FI-07-72, FI-06-71(M), FI-07-59, FI-10-49/FI-10-51, Grant v. Torstar Corp., 2009 SCC 61, Ontario (Public Safety and Security) v. Criminal Lawyers' Association, 2010 SCC 23.

 

Cheers,

 

Mary Kennedy

Intake/Administration

Freedom of Information & Protection of Privacy Review Office

Tel: (902) 424-4684

Fax: (902) 424-8303

Web: www.foipop.ns.ca

 

 

 

Wednesday, June 08, 2011

The Promise and Perils of Open Government

If the Prime Minister Wants Accountable Healthcare, let’s make it Transparen...

 
 

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via eaves.ca by David Eaves on 6/8/11

Over at the Beyond the Commons blog Aaron Wherry has a series of quotes from recent speeches on healthcare by Canadian Prime Minister Stephen Harper in which the one constant keyword is... accountability.

Who can blame him?

Take everyone promising to limit growth to a still unsustainable 6% (gulp) and throw in some dubiously costly projects ($1 billion spent on e-health records in Ontario when an open source solution - VistA - could likely have been implemented at a fraction of the cost) and the obvious question is... what is the country going to do about healthcare costs?

I don't want to claim that open data can solve the problem. It can't. There isn't going to be a single solution. But I think it could help spread best practices, improve customer choice and service as well as possibly yield other potential benefits.

Anyone who's been around me for the last month knows about my restaurant inspection open data example (which could also yield healthcare savings) but I think we can go bigger. A Federal Government that is serious about accountability in Healthcare needs to build a system where that accountability isn't just between the provinces and the feds, it needs to be between the Healthcare system and its users; us.

Since the feds usually attach several provisions to their healthcare dollars, the one I'd like to see is an open data provision. One where provinces, and hospitals are required to track and make open a whole set of performance data, in machine readable formats, in a common national standard, that anyone in Canada (or around the world) can download and access.

Some of the data I'd love to see mandated to be tracked and shared, includes:

  • Emergency Room wait times - in real time.
  • Wait times, by hospital, for a variety of operations
  • All budget data, down to the hospital or even unit level, let's allow the public to do a cost/patient analysis for every unit in the country
  • Survival rates for various surgeries (obviously controversial since some hospitals that have the lowest rates are actually the best since they get the hardest cases - but let's trust the public with the data)
  • Inspection data - especially if we launched something akin to the Institute for Health Management's Protecting 5 Millions Lives Campaign
  • I'm confident there is much, much more...

I can imagine a slew of services and analysis that emerge from these, if nothing than a citizenry that is better informed about the true state of its healthcare system. Even something as simple as being able to check ER wait times at all the hospitals near you, so you can drive to the one where the wait times are shortest. That would be nice.

Of course, if the Prime Minister wants to go beyond accountability and think about how data could directly reduce costs, he might take a look at one initiative launched south of the border.

If he did, he might be persuaded to demand that the provinces share a set of anonymized patient records to see if academics or others in the country might be able to build better models for how we should manage healthcare costs. In January of this year I witnessed the launch of the $3 million dollar Heritage Health Prize at the O'Reilly Strata Conference in San Diego. It is a stunningly ambitious, but realistic effort. As the press release notes:

Contestants in the challenge will be provided with a data set consisting of the de-identified medical records of 100,000 patients from the 2008 calendar year. Contestants will then be required to create a predictive algorithm to predict who was hospitalized during the 2009 calendar year. HPN will award the $3 million prize(more than twice what is paid for the Nobel Prize in medicine) to the first participant or team that passes the required level of predictive accuracy. In addition, there will be milestone prizes along the way, which will be awarded to teams leading the competition at various points in time.

In essence Heritage Health is doing to patient management what Netflix (through the $1M Netflix prize) did to movie selections. It's crowdsourcing the problem to get better results.

The problem is, any algorithm developed by the winners of the Heritage Health Prize will belong to... Heritage Health. This means the benefits of this innovation cannot benefit Canadians (nor anyone else). So why not launch a prize of our own. We have more data, I suspect our data is better (not limited to a single state) and we could place the winning algorithm in the public domain so that it can benefit all of humanity. If Canadian data helped find efficiencies that lowered healthcare costs and improved healthcare outcomes for everyone in the world... it could be the biggest contribution to global healthcare by Canada since Federick Banting discovered insulin and rescued diabetics everywhere.

Of course, open data, and sharing (even anonymized) patient data would be a radical experiment for government, something new, bold and different. But 6% growth is itself unsustainable and Canadians need to see that their government can do something bold, new and innovative. These initiatives would fit the bill.

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