Freedom of information laws are under increasing stress, according to speakers Sept. 18 at the Eighth International Conference of Information Commissioners.
The right of access to information “is under greater threat today” than at any time before, said Laura Neuman, from the Carter Center’s Access to Information Initiative.
Particularly under discussion in the sessions and the coffee breaks is the challenge presented by officials’ use of new communication technologies.
Neuman cited this as one of five current threats to freedom of information and urged information commissioners to take a more activist role.
The prevalent use of new technology, including emails and text messages, is exacerbating record-keeping issues and “becoming one of the easiest ways to frustrate the intent of the law,” according to Neuman.
Suzanne Legault, the Canadian information commissioner, said the use of new technologies to evade transparency is becoming a “huge issue.” Canadian provincial commissioners are now pressing for the creation of “a duty to document” government decision-making, she said.
Legault said Blackberry exchanges between officials are not stored on government servers. Such information is deleted within 30 days, and possibly that period will become just 72 hours in the future. She said her office is conducting a systemic investigation on this topic that will be concluded in October.
Other Threats to FOI Cited
Neuman said that the global discussions of national security information leaks and privacy protection are “needlessly” presented as an “either or” proposition, she said. This results in a “smaller political space” for access to information discussions.
International pressure for creation of laws has not been matched by resources to implement laws, she said.
The focus on public access to data, while a positive development, she said, does not necessarily provide the public with the information it needs.
In addition, the values and benefits of FOI have not been universalized.
Addressing the issue of gender inequality in information, Neuman said there are a number of reasons for this, and said the Carter Center is doing research on this.
Neuman listed broad social and economic environmental environments, and that information flows thru powerful male-dominated networks. Women also are disadvantaged by such things as lack of access to public buildings, lack of identification cards and lack of literacy. There should be gender reviews of FOI laws, she said. Information should be created with women in mind, bearing in mind that they are less likely to be Internet users. Also, Neuman said, information commissioners should develop gender breakdowns on records requests.
Newman said she was “struck” by the lack of involvement by commissioners in the debates over national security information and in records management discussions, concluding, ”Should you take a more activist role?”
Toby Mendel, the Executive Director of the Centre for Law and Democracy, said privacy concerns are a growing threat of the right to information. “We allow privacy far too easily to trump the right to information.”
He also said the open data movement should be “highly synergistic” with the access to information, but observed that “the wave on enthusiasm on open data has almost overwhelmed the right to information.”
He noted the national action plans written as part of the Open Government Partnership are notably lacking on right to information commitments.
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