FOI Notes: Trade Transparency, Open Data, China, UK, EU, US, Australia, Body Cameras

3 December 2015

Trade Transparency: WikiLeaks releases new secret documents from the Trade in Services Agreement (TiSA) which is being negotiated by the US, EU and 22 other countries.

Open Data/China: “Demand for open data in China is gaining traction despite the country’s traditionally closed approach to government,” says a Guardian article. Jonathan Gray, director of policy and research at Open Knowledge, says it is important to consider the distinctions between “open data” and “open government”. He says opening up existing data sets is just the first step and doesn’t automatically lead to a democratic government: “Publishing open data is of course not sufficient for open governments or open societies. It is just one ingredient in the mix, and no replacement for other vital elements of democratic societies, like robust access to information laws, whistleblower protections and rules to protect freedom of expression, freedom of the press and freedom of assembly.”

UK: The “Independent Commission on Freedom of Information” issues minutes of its meetings. The Commission has decided to publish portions of the comments submitted in response to its call for “evidence,” but none have been posted. Minutes of the November meeting indicate: “The Commission also agreed that information prepared and submitted to it by the Secretariat should be made publically available; the distinction between what would and would not be published would, the Commission agreed, follow broadly the guidelines of the Act – i.e. statistical, factual, and background information would be released.”

UK: “The judiciary is guilty of overreaching its constitutional remit by overruling Ministers’ decisions whether to release material not deemed to be in the public interest,” according to a post on Policy Exchange.

EU: Leaders of the European Parliament’s tell European Ombudsman Emily O’Reilly not to investigate a controversial behind-closed-doors deal-making process, according to a Politico article.

EU: European Ombudsman Emily O’Reilly in a letter welcomes the European Central Bank’s announcement that Executive Board members will not meet or talk to the media, market participants or other outside interests on monetary policy matters in the week leading up to monetary policy meetings. O’Reilly additionally encourages the bank to ensure that only in exceptional cases should bilateral meetings involving a Board member take place without a member of the ECB’s staff being present. The Bank should also reflect on how best to document those bilateral meetings that may impact upon its decision-making, she writes.

FOI Training/Australia: Guardian Journalist Paul Farrell is offering a one-day master class on using FOI for investigative journalism for A$279 (US$200).

United States: The FBI begins open beta testing of eFOIA, a system that allows the public to make online FOIA requests for FBI records and receive the results from a website. Requests must be accompanied with a photo, raising some eyebrows, such as those at the Electronic Frontier Foundation.

United States: A proposed law to encourage companies to share information about cyberthreats with the government would keep secret any information, Federal News Radio reports.

United States: The state of Massachusetts approves FOI reforms to allow requesters to recoup legal fees after successfully suing for access to public records, a practice allowed in 47 states, according to a Taunton Gazette article by Gerry Tuoti. The bill puts a 5-cent-per-page cap on the price public agencies can charge for copies of records, and a $25-per-hour cap on labor costs an agency can charge for producing public records. The bill also calls for giving cities and towns no more than 75 days to produce records and state agencies no more than 60 days. See critical comment on the changes by Michel Morisy of Muckrock.

Body Cameras: All body-camera footage should be managed by an impartial third party, either private or government-run, writes Sarah Lustbader is a staff attorney at the Bronx Defenders, a public defender office.

Open Data/Scotland: Holyrood magazine reports, “Information Commissioner Rosemary Agnew has claimed the open data movement could prompt a “paradigm shift” in the publication of information within Scotland.” She is quoted as saying: “What interests me about open data is I think it is a really good opportunity to try and bring about the start of a paradigm shift. Instead of focusing on FOI requests all the time, let’s start focusing more and more on the proactive side of the publication. Open data will perhaps raise some questions within organisations about what and how you publish that I think will benefit FOI as well.”

Commentary: “Around the world, countries are erecting barriers to the ability of civil society organizations to receive international funding,” according to a Journal of Democracy article.

 

 

 

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