In De Lint and Bahdi’s (2012) article “Access to Information in Age of Intelligencized Governmentality” a number of concerns around the phenomenon of non-documentation are presented. In order to facilitate their argument, the authors take aim at key incidences of harms (e.g., Maher Arar, Benamar Benatta, Charkaoui v. Canada, etc.) relating to non-documentation by the Royal Canadian Mounted Police (RCMP) and the impacts of discretion in general policing and security practices. At the lower end, the burden of police documentation in relation to an officer’s discretion is a concern to many information activists. It is known to most, that a paper trial of policing practices is essential to ensure that an officer operates within their official duties when evidence is held in court. In relation to the phenomenon of non-documentation, it is argued that a reduction of documentation can enable further discretion and reduced accountability. De Lint and Bahdi argue that contemporary national security agencies such as Canadian Security Intelligence Service (CSIS) understand the potential harm that can arise from documentation in the accordance of their duty when handling sensitive information requests. Accordingly, some abide by a “verbal handshake” to maintain discretion and evade leaving a paper trail (p. 121). The implications of this phenomenon can be a reduction in the transparency of public servants and governmental organizations in general. Without a doubt, there are challenges to physical and digital documentation. For one, documenting information in an accurate manner is essential to providing complete, accurate and honest assessments but yet is an extremely challenging praxis. This should not excuse the need for documentation, however, but rather be an indication that new documentation practices for Canadian policing and security agencies be mandated. In short, the harm of non-documentation is that it provides fertile ground for further discretion while simultaneously downplaying citizenship, rights and individual privacy. The nature of this phenomenon is important in contemporary post-911 society, as there has been a “relaxation of information exchange protocols between law enforcement and security intelligence agencies, even across borders” since the attacks (p. 122).
Reference:
De Lint, Willem, and Reem Bahdi (2012). “Access to Information in Age of Intelligencized Governmentality”, in M. Larsen and K. Walby (eds) Brokering Access: Power, Politics, and Freedom of Information Process in Canada. Vancouver: UBC Press, pp. 115-141.
