Clearer standards are needed for what constitutes proactive disclosure of information by governments, according to speakers at a Feb. 19 webinar (as recorded) sponsored by the OGP Networking Mechanism of Global Integrity and the World Bank Institute.
Proactive disclosure “is a very important obligation which I would argue we have not yet translated into clear standards,” said Helen Darbishire, Executive Director, Access Info Europe.
At the same virtual event, former Scottish information commissioner Kevin Dunion discussed the value of creating model publication schemes and the potentially influential role of information commissioners. Dunion is now Executive Director, Center for Freedom of Information, University of Dundee.
Proactive Standards Needed, Darbishire Says
Darbishire said that although the 93 FOI laws worldwide contain “fairly clear standards” on what the reactive dimension of information disclosure, they are less clear on what the obligations are to disclose information voluntarily.
International standards on the right to information support proactive disclosure, but lack specificity, she said.
The “open data revolution” has resulted in much more information entering the public domain, she said, noting that government are attracted to the possibility of economic growth potential locked up in the information they hold. There also are positive developments in terms of making data reusable, she said.
She added a “note of caution,” underscoring the value of the right to ask for information, because not all infomation is likely to be put up on government websites. Even the European Union budget was released in electronic form lonly ast year following a request, she noted.
Creating Disclosure Menus
The future challenge is to better define what information should be proactively disclosed in order to hold governments accountable and foster citizen participation, Darbishire said. As an example of the variation in current practice, she contrasted the detail of Chicago data on crime with the more general, less useful, Spanish crime data.
Examining what information is needed in specific thematic areas should result in preparation of clear transparency standards, she said, citing advances in areas such as development aid, extractive industries, and the environment.
“We don’t yet have commonly agreed across the board standards for information that is generated in the core of government activity,” according to Darbishire, mentioning education, health, social services, human rights, and the financial crisis. “I think that is a conversation we have to have in ever greater detail,” she said, acknowledging that there may well be debate about what disclosures should be the prioritized.
Darbishire is the author of a 2010 paper on the subject: Proactive Transparency: The future of the right to information? A review of standards, challenges, and opportunities.
Dunion Emphasizes Role for Commissioners
Dunion concentrated on the model used in some countries where government agencies must create publication schemes to guide their disclosure policies.
In Scotland, he explained, the publication schemes had to be approved by the information commissioner. The early proposed publication schemes were overly detailed or untestably broad, he said, prompting the commissioner to come up with a model publication scheme. It contains seven classes of information to be disclosed and more detailed subclasses.
Dunion pointed to Brazil as a country that recently started requiring more proactive disclosure, including data in reusable formats and information on the salaries of government officials.
In countries with publication schemes, he said, they can be improved to be more specific and to require that data be produced in an open and structured framework.
When information commissioners are involved, they can be influential in affecting change, he said, noting that in Bangladesh, the commissioner must issue disclosure regulations. Also to be encouraged, he said, is the proactive disclosure of information that is frequently requested.
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