FOI Notes: South Africa, India, Australia, Research, US, Much More

8 September 2016

South Africa: The National Assembly elects Pansy Tlakula as chair of the newly-formed information regulator, despite fierce objection from opposition parties, reports News24 and others. The African National Congress and the United Democratic Movement were the only parties in favor of her appointment, while the Democratic Alliance, the Economic Freedom Fighters and Inkatha Freedom Party were fiercely against it, according to the article. The justice committee had recommended Johannes Weapond and Lebogang Stroom to serve full-time on the information regulator board, and Sizwe Snail and Tana Pistorius on a part time basis. The controversy concerned her tenure as chair of the Independent Electoral Commission (IEC) chairperson. Her selection was applauded by the Open Democracy Advice Centre (ODAC). Tlakula served as Chairperson and Special Rapporteur on Freedom of Expression and Access to Information in Africa.

India: “The Supreme Court Still Adamantly Refuses to Yield to RTI,” writes Aniket Aga is a PhD candidate at the Department of Anthropology, Yale University, in LiveLaw. Shailesh Gandhi, a former Central Information Commissioner, pens an open letter to the chief justice encouraging transparency by the courts. Justice Jasti Chelameswar’s decision to make public his problems with the collegium – the Supreme Court group that meets to recommend appointments and transfers of judges – shows that he is prepared for a long internal fight, according to another article in The Wire.

Transparency Research: “Cross-Country Heterogeneity in Government Transparency and Citizens’ Political Efficacy,” a study by Italian academics Lorenzo Cicatiello, Elina De Simone, and Giuseppe Lucio Gaeta. Abstract:

Using cross-country data from the Citizenship database of the 2004 International Social Survey Programme (ISSP) and relying on multilevel mixed-effects modeling, we investigate the link between government transparency and citizens’ external political efficacy. Results indicate that transparency enhances the perception of institutions’ responsiveness to citizens’ actions, but also highlight that this effect is mediated by citizens’ level of education. In particular, while for better educated people the magnitude of government transparency’s effect on citizens’ external efficacy is substantial, the same effect is negligible for less educated citizens who appear to be “lost in transparency.”

Australia: The Federal Court supports access to summaries of the electronic diary of the Attorney-General. “The Brandis decision laid bare the inadequate and flimsy nature of the exemption claims made by the Attorney-General’s Department,” writes Rick Snell, Associate Professor – Acting Dean of Law, University of Tasmania.

 United States: “A high schooler’s guide to FOIA — Challenging authority, one public records request at a time,” a Muckrock publication by Beryl Lipton. Also, “A college journalist’s guide to public records.”

United States: A new study by the Washington State Auditor acknowledges the complexities local governments face in complying with the state’s Public Records Act in an electronic environment and suggests a series of reforms, according to an article in the Whidbey News Times.

IFTI Watch: Gretchen Gordon writes in the Open Democracy blog, “By ignoring community concerns around development projects, multilateral institutions can become complicit in human rights violations and closing space.”

Open Data: ‘E-Government Survey 2016’ report, published last month by the UN Department of Economic and Social Affairs (DESA), Division for Public Administration and Development Management. Chapter 2 of the report states four reasons why open access to publicly held information is critical to sustainable development:

Request Systems: Alaveteli describes its planning for a new product, Professional,”a companion service to Alaveteli, our Freedom of Information platform – initially it will be aimed specifically at journalists, but it should be of interest to anyone who uses Freedom of Information in their work.”

European Union: The Centre for Law and Democracy submits comments on the Council of Europe’s draft Guidelines on Civil Participation in Political Decision-Making. “CLD very much welcomes this initiative – which can help improve consultation processes – but also has a number of suggestions for tightening up and improving the draft Guidelines.”

Open Contracting: The Open Contracting Partnership, in a blog about transparency and soccer, said it plans to many kinds of information-gathering “to collectively bust the myths that exist around confidentiality in public contracting.”

Open Data: An article by Peggy Ochandarena, director of the monitoring, evaluation and learning at Chemonics, asks, “How can we achieve real data transparency in governance?” Among other things she says, “Donors can help by designing interventions that promote a norm where it is expected that government data is accessible and shared data is of a reasonable quality, and where perverse incentives to misuse data can be exposed.”

Canada: The province’s privacy commissioner is investigating Alberta’s Justice and Solicitor General office for dragging its heels on information requests, Emma Graney The Edmonton Journal reports.

Northern Ireland: The Campaign for Freedom of Information says some departments only release responses to FOI requests after approval by ministers’ special advisers, The Irish News reports.

United States: “Local Governments Are Letting Silicon Valley Skirt Public Disclosure Laws,” says a Motherboard article by Jason Koebler.

United States: The Sunlight Foundation’s Alex Howard writes “How should history measure the Obama administration’s record on transparency?

Open Contracting: The World Bank and the US Trade and Development Agency sign a Memorandum of Understanding to formalize a procurement partnership, according to an announcement.

Strategies: “Doing Accountability Differently: How The Vertical Integration Of Civil Society Can Drive Impact,” an article by Jonathan Fox, School Of International Service, American University.

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