Freedom Of Information Acts Research Articles

The Force of Law? Transparency of Scientific Advice in Times of Covid-19

Freedom of Information Acts (FOIA) are valuable legal tools to access information held by public authorities but during the first wave of the Covid-19 pandemic time frames to reply to requests were de jure or de facto suspended in many countries. However, the lack of effective legal tools to achieve transparency was not automatically paired with governmental secrecy. This research paper analyses which are the factors that prompted some governments to move from secrecy to transparency while the essential legal tool to achieve disclosure of information was not available. It focuses on the role of ‘ecologies of transparency’, a concept developed by Seth Kreimer to describe how FOIA needs to be understood as functioning within a collection of factors and actors. Yet, can transparency ecologies still force disclosure of information when FOIA is suspended? Research focuses on a comparative case study about transparency of scientific committees advising governments on Covid-19 in the UK and in Spain. In both countries, members and minutes were initially secret, but the British government published information before being forced by FOIA, while the Spanish executive only released partial information when FOIA was reactivated. The paper argues that information disclosure processes can be understood as supply and demand models. On the demand side, it highlights the role of adversarial press, scientific community, whistle-blowers, the opposition and critics within the governing party as decisive factors within the transparency ecology. On the supply side, it focuses on legitimation needs from the government to explain different outcomes.

미국의 정보자유법과 정보공개청구 제도

미국의 정보자유법과 정보공개청구 제도

Promise and Practice of the Principle of Equal Access to Information in the Danish Local Administration

This article presents an empirical based study of the implementation and effectiveness of freedom of information acts (FOIAs) in Danish municipalities. Even though the Nordic Countries are known for transparent public institutions, empirically based studies of access to information are rare. With the help of 33 students of public administration, 146 simple requests were sent covering 74.5% of all Danish municipalities. The primary purpose of the field experiment was to test the legal principle of identity-neutrality and equal treatment, as the profile of the applicants was varied: the first set of requesters represented “simple” identities, while the second set of requesters represented “qualified” identities. Besides, the requesters asked for two different types of information, one more controversial to reveal than the other. Hence, the study looked into variations in casework time, likelihood of rejection, communication form, etc. The results of the study showed that, in general, the municipalities handled the requests for access to information without difficulties and within the set deadlines, and no differential treatment of applicants based on their status and qualifications could be observed. In addition, the data indicates a significantly higher processing time in the requests for potentially controversial information. The study opened up grounds for future field experiments on FOIA(s). In the final part of the article, the general benefits of student involvement in research processes are discussed.

Making Transparency Work: Experiences from the Evaluation of the Hamburg Transparency Law

Freedom of information acts (FOIA) aim to improve the public’s opportunities to access official information from public authorities and hence to increase the level of transparency. Thus, it is important to know whether and to what degree the effects intended by establishing FOIAs are achieved and how their implementation could be improved. Hence, this article presents the evaluation of the Hamburg Transparency Law (HmbTG)– Germany’s first FOIA that binds authorities to disclose government information proactively. The purpose of the paper is to provide a valuable example of how evaluating FOIA might produce useful information for policymakers and public authorities. The analysis results, based on a mixed set of methods (i.e. standardised surveys, statistical secondary data, qualitative expert interviews, and criteria-driven document analysis), lead to the conclusion that the HmbTG was very effective in providing the direct access. On the other hand, it was found that strategies for implementing the law varied considerably between authorities, yet proactive disclosure was overall implemented effectively. Moreover, this law shows some weaknesses to be improved in the future. Besides providing practitioners with valuable insights into how a transparency law may be implemented, the evaluation of the HmbTG also provides researchers with ideas how FOIA evaluation might be conducted comprehensively.

Dynamic transparency: An audit of Mexico's Freedom of Information Act

Freedom of Information Acts (FOIAs) aim to provide a channelled exchange between citizens and public officials that, irrespective of the citizen's identity, results in the provision of timely, relevant, and often new information about policy. We evaluated Mexico's FOIA by submitting 307 information requests on behalf of an average male citizen to government entities in the years 2007, 2013, and 2015. In 2007, we also submitted the same requests to 87 comparable entities on behalf of a male citizen who signalled economic and political clout. Encouragingly, entities do not discriminate between regular and seemingly influential citizens. Entities also answer more frequently and provide more information in 2015 compared to earlier years, but they are taking longer to answer, frequently charging fees, and often failing to provide quality information to questions they are legally bound to answer. Mexico's FOIA is a functional system demanding significant improvements.

Freedom of Information and Data Protection Acts

Data is frequently handled by GPs during their day-to-day work. This includes not only clinical data where patient information is handled, but also organisational data. Clinicians must be aware of the regulations that govern information handling. This article will discuss the Data Protection Act 1998, which governs personal information held on patient records. It will clarify the eight data protection principles and how they apply in practice. Thereafter, the article will discuss the Freedom of Information Act 2000, which gives the public rights to access certain data held by surgeries. The article will highlight important exemptions and grounds for refusing access to data.

アジア諸国における権威主義体制の崩壊と情報公開システムの形成 : 韓国・タイ・台湾を事例に

アジア諸国における権威主義体制の崩壊と情報公開システムの形成 : 韓国・タイ・台湾を事例に

Freedom of Information Acts in the Developing World: Lessons from the Caribbean for the Bahamian Experience

Freedom of Information Acts (FOIAs) can provide countries with a platform to enshrine transparency, deepen democracy and combat corruption. A number of FOIAs or Right to Information Acts have been passed in the last 20 years, particularly in developing countries and including in the Caribbean region. These initiatives have encountered similar problems, including lack of implementation and enforcement, potentially due to weak institutional systems. The lack of implementation may also be due to contradictory domestic incentives; FOIAs are designed to induce transparency and the provision of information, but also impose constraints and administrative burdens on governments. This article looks at the international context of FOIAs and analyses some of the recent problems of implementation, particularly in developing countries and specifically in the Caribbean region. The article then takes a detailed look at the amendment process and passage of the FOIA 2017 Act in The Bahamas, which is illustrative of these conflicting incentives.

Let the Sunshine in: Why Countries Adopt Freedom of Information Acts

Over the last decade, some fifty countries around the world have adopted Freedom of Information Acts (FOIAs), which allow citizens to force the release of information from public offices. Here, we are interested in analyzing the determinants for adopting FOIAs. We apply a set of survival analysis techniques to identify the cultural, political and economic determinants that lead countries to adopt a FOIA. We further distinguish the adoption of constitutionally entrenched information rights from weaker forms of self-commitment to government transparency. We find that there are marked differences in the variables explaining the existence of FOIAs and their inclusion in the constitution.

Executive Secrecy and Access to Policy: Lessons from the Past in Irish Legal and Political History

Earlier this year, the veil of secrecy that surrounded Brian Lenihan’s bank bailout decision in 2008 was heavily criticised. The administrative culture, which appeared obsessed with secrecy, was linked to ideas of political reform – one of the main platforms upon which the current government ran its 2011 election campaign. In this paper, Jennifer Kavanagh argues that the workings of executive secrecy undermine a citizen’s right to engage with government policy. Some restrictions may be deemed permissible in order to protect the workings of government. In the Irish context, these restrictions are found in cabinet confidentiality, Official Secrets Act and the retrenchment of the Freedom of Information Acts. The paper highlights the extent of executive secrecy as it exists and the extent to which the executive seeks to keep the policy making process behind closed doors. This is contrasted with the implications of such secrecy on those that seek to peer behind the veil of executive secrecy by examining the Kennedy and Hamilton cases. This paper offers an insight into some of the lessons that can be learned from a closed-door policy making process and its implications for the nature of the democracy which it seeks to protect.

Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws

AbstractThe Aarhus Convention, the Directive 2003/4/EC and national legislation, respectively, give citizens a right of access to environmental information as held by either public authorities or private bodies. For such information to be accessible, the body in question must have public responsibilities or functions or provide public services such as natural gas, electricity, sewerage and water services etc. The United Kingdom (UK) Environmental Information Regulations 2004 (EIRs) and the federal German Environmental Information Act (EIA), however, provide insufficient definitions of the private bodies in question. The parallel existence of the EIRs/EIA and Freedom of Information Acts (FOIAs) in the UK and in Germany adds further complexity to the situation. Unlike the UK implementation under which there is specific guidance which gives relatively good advice, the situation in Germany is pitiable. A more citizen-friendly solution to these problems could be the creation of a joint statute. This joint statute would provide for a comprehensive list of covered authorities.

Access to information: the role of freedom of information legislation and constitutional guarantees

Constitutional guarantees of access to information and their enabling legislation, Freedom of Information Acts are present challenges, prospects and opportunities for records managers. It is widely accepted that records management plays a pivotal role in Freedom of Information implementation. For instance, the preface to the Lord Chancellor's Code of Practice on the Management of Records under section 46 of the Freedom of Information Act 2000 states “(a)ny freedom of information legislation is only as good as the quality of the records to which it provides access. Such rights are of little use if reliable records are not created in the first place, if they cannot be found when needed or if the arrangements for their eventual archiving or destruction are inadequate.” The same can be said about constitutional guarantees of access to information. Constitutional guarantees of access to information would be fruitless where good quality records are not created, where access to them is difficult, and where procedures are lacking on records disposal. Constitutional guarantees of access to information on their own have minimal impact. However, it is becoming common that countries with constitutional guarantees of access to information end up enacting freedom of information legislation as enablers. Constitutional guarantees on access to information therefore present the records manager with the opportunity developing records management programmes which will fit perfectly once freedom of information is legislated. To translate into anything meaningful constitutional guarantees of access to information just like freedom of information rely on sound records management. The records manager should use the enactment of freedom of information to promote and market sound management of records. Institutional placement of a national archival agency might need to be reviewed in a government setting with the move towards freedom of information across the world. Keywords : access to information, constitutional guarantees, freedom of information legislation ESARBICA Journal Vol. 24 2005: 43-57

A Proposed Legislative Solution for Private Equity Fund Disclosures

Private equity funds have managed for years to fit into a unique hole in federal securities laws. As long as they meet certain requirements, such as a limited number of sophisticated investors, they are exempted from disclosure. As a result, they are not generally required to make information about their investments publicly available. Due to recent lawsuits filed under state Freedom of Information Acts and Public Records Acts, many of private equity funds' wealthiest investors, including public universities and state pension funds, must disclose information about their investments. Consequently, information about the funds they invest in is being cast into a public light for the first time. The reaction from the venture capital community has been primarily negative, with some of the more prestigious funds going so far as to ban public institutional investors altogether. This Article discusses how private equity firms have found exemptions in federal securities laws to avoid disclosing information about their investments. It then describes how state public disclosure laws intended to benefit the public may be hurting the public by causing private equity firms to kick public institutions out of funds rather than face disclosure. Finally, the Article considers statutory, regulatory, and political solutions to the problem, and concludes that a uniform state law strikes an appropriate balance between respecting the privacy of private equity firms and protecting the public by shedding light on investment returns.

The effect of the proposed national data protection regime on the health sector in Australia.

The Commonwealth Government and a number of State governments are proposing to introduce legislation based on the Information Privacy Principles contained in the Privacy Act 1988 (Cwlth). This will allow individuals access to any personal information held on them by an organisation or person, including private practitioners, private health facilities and State government agencies. This article discusses this proposed legislation and its implications for the health sector. Although in the public health area patients can already gain access to their medical records through the use of the various Freedom of Information Acts and, in the case of Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposed data protection legislation will provide more than access rights to individuals. The effect of the proposed legislation on the private sector, where no obligation exists on the part of the doctor to grant a patient access to his or her records, will be substantial.

A little knowledge is a useful thing

Freedom of Information Acts cannot force governments to behave; they can and do lead to better decision-making and restore trust between the public and politicians

Freedom of information legislation and utilization of evaluation research: Exploring some relationships

The basic hypothesis tested in the article is that the existence of Freedom of Information legislation in a state enhances utilization of evaluation research. The investigation of this research question leads to a tentative rejection of this hypothesis. Factors such as weak Freedom of Information Acts, unsympathetic implementation, and the lack of useful and timely information in agency-sponsored evaluations may discourage legislatures from actively using Freedom of Information provisions to obtain such studies.

Freedom of information Acts: A comparative perspective

“Freedom of information,” as a policy concept, has come to mean many things to many people. As used here, it refers to the statutorily guaranteed right of a citizen to obtain official records, with certain specified exceptions, so that he or she may know what the government is doing and why. Two of the most difficult and general exceptions to the rule of presumptive government information accessibility are “national security” and the “public interest.” The manner and extent to which these two referents, or their approximations, impinge upon freedom of information guarantees in some access statutes is explored, together with some consideration of differing mechanisms for assuring that freedom of information is fully realized.