OGP: A study documents the experience of civil society in Latin American regarding the Open Government Partnership focuses on the c activities of two regional civil society networks – Transparency International and Alianza Regional por la Libre Expresión e Información (Regional Alianza for Freedom of Expression and Information).
Nigeria: A civil society organization, Public and Private Development Centre (PPDC), has taken the Nigerian National Petroleum Corporation to court for regarding the Freedom of Information Act regarding procurement of contract, according to a Tribune article.
Canada: The federal government plans to expand its web portal for online information requests, with 16 new departments added over the next six months.
India: An animated video by award-winning animation film-maker Dhvani Desai, produced by the film division of the central government, is to be was screened on Oct. 12, the eighth anniversary of the RTI Act, before being shown in theatres. Desai says that the idea for the film was born out of problems she went through herself. Every character is a worn-out citizen the system has failed. The film focuses on small issues like getting people their passports and ration cards without paying bribes.
India: U.S. radio show On the Media does a segment on the India RTI law.
United States: MuckRock writes that the National Security Agency has been “inundate” with FOI requests in the wake of the Snowden files being published. “From June 6 to September 4, the National Security Agency’s FOIA load increased 1,054 percent over its 2012 intake. In that three-month span, the agency received 3,382 public records requests. In comparison, the NSA received just 293 requests over the same period in 2012. See some of user requests. Muckrock is currently crowdfunding a request to the NSA for more details about their electrical usage and tax breaks.
OGP: John Wonderlich of the U.S. Sunlight Foundation writes about the first two years of the OGP.
United States: “Unconstrained Deference, Chenery, and FOIA,” an article by Margaret B. Kwoka, University of Denver Sturm College of Law, in the Maryland Law Review. (Download pdf)
Abstract: Litigation fails adequately to check agency secrecy decisions under the Freedom of Information Act (FOIA). To vindicate the public’s right to know what its government is up to, the dynamic of FOIA litigation needs fundamental change. This Article builds on previous work documenting that courts routinely defer to agency decisions to withhold records from the public, despite Congress’s clear mandate for de novo judicial review. In this Article, a paradox is revealed: while courts do not effectuate true de novo review, they rely on that statutory standard to allow agencies to raise claims of exemption in litigation not relied on in the agency’s response to a request for information. As a result, requesters end up in a worse position under de novo review than they would have been if Congress had chosen deferential review in FOIA cases. Given existing practice, FOIA’s goal of transparency would be best served by relocating FOIA within a more typical administrative law paradigm. Chiefly, it contends that the observed deference justifies applying the Chenery principle to FOIA litigation, which would preclude agencies from asserting exemption claims for the first time in litigation. This Article demonstrates that not only can the application of Chenery be justified doctrinally and theoretically, but also that the benefits of constraining agency litigation positions outweigh potential costs, rendering FOIA litigation a more fundamentally fair process that better advances government transparency.
India: “Institutionalizing Transparency and Accountability in Indian Governance: Understanding the Impact of Right to Information,” by Roopinder Oberoi, Assistant Professor, Department of Political Science, University of Delhi, India, in the IOSR Journal Of Humanities And Social Science (Volume 11, Issue 4 (May – June 2013),
Abstract: Transparency is a powerful and leading concept. Transparency and accountability in administration is, in fact, sine qua non of participatory democracy. Government secrecy fosters disbelief of government on the part of the citizenry and transparency eliminates the wall of secrecy built against the common people by those holding in power. Transparency will not be accomplished unless we have open governance with accurate and verifiable information accessible. As a concept, transparency is comparatively new to Government functioning in India. The foremost step to revolutionize this has been the enactment of Right to Information Act which enabled monitoring and accountability for every citizen as a right. R.T.I. Act is a significant landmark in the augmentation of the democratic system in the country. The Act makes it statutory for the latter to disclose all unclassified information when and where required by citizen. However, the success of this Act requires ample enlightenment of those who hold authority and those who want to avail information for the betterment of their selves or that of the society at large. Those in authority need to be persistently reminded about their responsibilities and obligations under this Act until they get fully integrated into the democratic culture sans official knowledge barriers. On the other end of the spectrum there is the common citizenry who need to be conversant with the modalities for availing information under this Act. This paper aims at theoretical understanding of the concept of transparency and its inextricable link to accountability. India continues to be marred by scams and massive corruption despite the enactment of RTI. This is indicative of the complexity of the malaise and the obstinacy the problem. The paper explores the contour of Right to Information (RTI) and looks into the authority and responsibilities of Chief Information Commission of India in institutionalizing and accomplishing this empowering act. The article acknowledges the advancement accomplished to deepen democracy but is unquestionably not unconscious of the actuality where lot needs to be done to root transparency into the essentiality of the governance. Institutionalizing transparency and openness in governance, therefore, continues to be protracted and vexatious journey in India.
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