Balancing privacy with access to information for commercial fisheries data: A critical review of Fisheries and Oceans Canada’s “rule of five” policy

Abstract

Although Canada’s oceans are a public resource, commercial fisheries data are routinely withheld from researchers and the general public by Fisheries and Oceans Canada (DFO) due to privacy obligations. However, data can be released if considered sufficiently de-personalized through an internal guideline called the “rule of five,” under which data sources are aggregated to a threshold of five to allow for data publication or disclosure. This article provides an overview of the “rule of five,” summarizes key legislative provisions that have bearing on the “rule” and potential for its reform, and discusses the findings from two tools used to collect information on the “rule” and its use in Canada: (1) an Access to Information and Privacy request and (2) an anonymous survey conducted to evaluate the impacts of the “rule” on various stakeholders. The “rule of five” is not mandatory but rather represents a conservative approach to access to information that can be detrimental to independent researchers and the public interest in transparent fisheries data. The article concludes with recommendations to further a rebalancing of privacy and access to information, including emphasizing existing legislative exemptions that could allow for data disclosure when the “rule of five” is not met.