Information Commissioner Research Articles

Case Study of Political Public Relations Model Information Commission of West Java Provinsi

Political communication of political superstructure actors in Indonesia is also carried out by auxiliary state institutions in the regions such as the Information Commission of West Java Province which is tasked with overseeing the implementation of Public Information Disclosure. One of the functions of the Information Commission is advocacy, outreach, and education through political communication. The dominant form of political communication carried out by the Information Commission of West Java Province is political public relations. The purpose of this study is to describe the political public relations of the Information Commission of West Java Province in encouraging Public Information Disclosure towards realizing an informative society. By using a subjective interpretive approach, qualitative methods, and a type of descriptive case study research, this research reveals the political public relations model of the Information Commission of West Java Province in overseeing the implementation of public information disclosure. The results of analysis of observational data, interviews, documentary analysis, internet searching, and focus group discussions concluded that the Information Commission of West Java Province uses a collegial collective internal-external political public relations model because of the development of an equality mandate among commissioners

Information Dispute Mediation Communication Model (Case Study of Information Dispute Mediation by the Information Commission of South Kalimantan Province)

The existence of the Information Commission as mandated by Law Number 14 of 2008 concerning Public Information Disclosure provides an opportunity for the entire community to be able to access public information from public agencies/institutions. Unfortunately, there are still many parties who have not understand regarding the disclosure of this information so that information disputes arise. It is in this context that the Information Commission plays a role in bridging the resolution of the information conflict, either through mediation or non-litigation adjudication. This study raises the case of mediation of information disputes handled by the South Kalimantan Provincial Information Commission in the 2014-2018 period. This research seeks to answer how the communication model applied by the Information Commission of South Kalimantan Province and how the strategy was carried out in the mediation session. For this reason, this study uses the theory of relationship communication or personal communication, mediation, with qualitative methods and then uses an interpretive paradigm. As for data collection techniques through observation and interviews with informants. The results show that the model used by the South Kalimantan Provincial Information Commission is: 1) Psychological and Cultural Communication; 2) Two Way Communication and Separate Communication; and 3) Communication of Information is Human Rights

A "willingness to be orchestrated": Why are UK diplomats working with tobacco companies?

The tobacco epidemic is global and addressing it requires global collaboration. International and national policies have been adopted to promote collaboration for tobacco control, including an obligation on diplomatic missions to protect public health from the vested interests of the tobacco industry. However, incidents of diplomats engaging with the tobacco industry are still occurring despite these regulations. This paper presents a case study of a British ambassador actions, and it points to some of the challenges researchers face in monitoring such incidents. The incident studied in this paper was first identified through regular media monitoring conducted by the Tobacco Control Research Group at the University of Bath. The incident was further investigated by using the tools made available by the United Kingdom (UK) Freedom of Information Act, including submitting a request, asking for internal review, and submitting a complaint to the Information Commissioner's Office. We identified clear evidence of the UK ambassador to Yemen opening a cigarette factory, part owned by British American Tobacco (BAT), in Jordan. Our investigation revealed a lack of documentation of this and similar incidents of interaction between diplomats and the tobacco industry. We raise concerns about the actions of diplomats which contravene both national and international policies. Monitoring and reporting such activities produces several challenges. Diplomats' interactions with the tobacco industry represent a major concern for public health as such interactions seem to be systematically repeated. This paper calls for action to better implement national and international policies to protect the public health including in low- and middle-income countries (LMICs).

What Does it Mean to 'Carry on Business in Australia'? An Analysis of the Full Federal Court Decision in Facebook Inc v Australian Information Commissioner

What Does it Mean to 'Carry on Business in Australia'? An Analysis of the Full Federal Court Decision in Facebook Inc v Australian Information Commissioner

PELAKSANAAN MEDIASI SENGKETA INFORMASI PUBLIK DI KOMISI INFORMASI PROVINSI KALIMANTAN SELATAN

The purpose of this study is to find out how the mechanism for implementing public information dispute mediation at the Information Commission of South Kalimantan Province, with the hope that public bodies as managers of public information and the public as users of public information know and understand the mechanism for resolving public information disputes through mediation at the Information Commission. This research uses descriptive-qualitative research, with interview, observation and documentation data collection techniques and then analyzed qualitatively. The research results can be described as follows; 1) The process of mediation activities at the Information Commission is an integral part of the process of non-litigation adjudication activities 2) Mediation activities are the first step in resolving public information disputes regarding open information caragories between the applicant and the respondent, guided by a mediator from the Information Commission Commissioner. 3) There are 3 (three) possible outcomes of mediation, namely successful mediation, failed mediation, and failed mediation. 4) If the mediation is successful (agreed), then the information dispute is considered completed. If mediation fails/fails, then the trial adjudication proceeds to the proof stage. 5) If the mediation is successful (agreed), then the results of the mediation are confirmed in the form of the Information Commission's Mediation Decision, and read out before the adjudication session. 6) The Information Commission mediation decision is legally binding on the parties, and must be implemented no later than 14 (fourteen) working days after the decision is read out.The purpose of this study is to find out how the mechanism for implementing public information dispute mediation at the Information Commission of South Kalimantan Province, with the hope that public bodies as managers of public information and the public as users of public information know and understand the mechanism for resolving public information disputes through mediation at the Information Commission. This research uses descriptive-qualitative research, with interview, observation and documentation data collection techniques and then analyzed qualitatively. The research results can be described as follows; 1) The process of mediation activities at the Information Commission is an integral part of the process of non-litigation adjudication activities 2) Mediation activities are the first step in resolving public information disputes regarding open information caragories between the applicant and the respondent, guided by a mediator from the Information Commission Commissioner. 3) There are 3 (three) possible outcomes of mediation, namely successful mediation, failed mediation, and failed mediation. 4) If the mediation is successful (agreed), then the information dispute is considered completed. If mediation fails/fails, then the trial adjudication proceeds to the proof stage. 5) If the mediation is successful (agreed), then the results of the mediation are confirmed in the form of the Information Commission's Mediation Decision, and read out before the adjudication session. 6) The Information Commission mediation decision is legally binding on the parties, and must be implemented no later than 14 (fourteen) working days after the decision is read out.

Transparent, Accountable and Integrity Governance of Public Bodies in West Sumatra through Increasing the Role and Function of the Regional Information Commission

Democracy means that sovereignty is in the hands of the people. Elections are a form of implementation of popular sovereignty. The people are given the freedom to choose their own leaders, both in the executive and legislature. In democracies the ruler is entrusted only part of the power of managing the state by the people. After the people are given freedom in choosing the ruler, the next stage is the involvement and participation of the people in formulating and overseeing various forms of policies born by the government,including other public bodies. Law No. 14 of 2008 concerning Public Information Disclosure is the embodiment of the substance of democracy. Especially when it comes to public information oversight. In democracies, the right to obtain public information is a human right and information disclosure is an important feature of a democratic state upholding the sovereignty of the people to realize good state administration. LawNumber 14 of 2008 concerning the Openness of Public Information has historically been motivated by the rolling out of reforms in the Unitary State of the Republic of Indonesia. Reforms that were more than a decade old at that time have brought about changes in the country's system of government. This law was passed on April 30, 2008 and came into force from 2 years of promulgation, namely on April 30, 2010. Then an Information Commission institution was formed as the implementer of this law. Both at the central and provincial and district/city levels. In West Sumatra itself, the Information Commission has been running for two periods, namely 2015-2019 and 2019-2023. Currently, the selection process for members of the Regional Information Commission of West Sumatra Province for the 2023-2027 period is being carried out. Research method with a descriptive qualitative approach.

Implementasi Penyelesain Sengketa Informasi Publik pada Komisi Informasi Provinsi Jambi

The existence of the Jambi Provincial Information Commission is expected to be able to resolve public information disputes effectively and efficiently so that the information disclosure mandated by Law Number 14 of 2008 concerning Public Information Disclosure can be realized. However, as an institution that was newly formed in 2014, of course, it cannot be separated from various limitations that affect the implementation of the Information Commission's functions. Therefore, this study aims to further examine how the implementation of public information dispute resolution at the Information Commission in Jambi Province. According to this purpose, this research is an empirical legal research with a socio legal research approach. The data used in this study are dispute resolutions carried out for the last 3 (three) years from 2019 to 2021. These data were collected through interviews with members of the Information Commission who were related and who understood the problem under study and conducted studies on various documents relevant. From the results of the study, it is known that the Jambi Information Commission has carried out the resolution of the information dispute as determined, but in its implementation it can be said that it has not been carried out effectively and efficiently, because only a small part can be resolved quickly through mediation, most of the others must be resolved further through the process. non-litigation adjudication which consists of several stages so it requires more time. In addition, because not all decisions handed down by the Commission can be accepted by the disputing parties, they will proceed to court.

Strengthening Enforcement and Redress Under the Australian Privacy Act

The regulatory regime provided by the Privacy Act 1988 (Cth) has long been criticized for its limited effectiveness in providing both remedies for individuals and guidance and deterrence for entities obliged to comply with the statute. Key concerns include the restricted rights of redress for individuals, and the inadequate powers and funding of the federal privacy regulator, the Australian Information Commissioner. In the last three years, the Australian Competition & Consumer Commission (ACCC) has begun to take on an important role in advocating for reform of Australia’s privacy law, assessing the potential anticompetitive effects of the data practices of digital platforms, and actively litigating privacyrelated misleading conduct matters under the Australian Consumer Law (ACL). This article describes the contrast in the roles, powers and funding of these two regulators and makes proposals for reform which would assist in providing Australians with appropriate access to justice in directly redressing privacy wrongs beyond organizations’ misleading representations about data practices. Australia, Data Privacy, Privacy Regulators, Enforcement, Redress

‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent

This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent

Open Access, Data Management and Emerging Challenges to International Research

The University of Edinburgh’s current position regarding Open Access and Data management – including the introduction of our new policies. As well as the University’s general approach to supporting Open Research and Open Science. Then give his view on the emerging challenges regarding international research, especially the increased administrative research burden and restrictions on the free use of international research data caused by recent legislation and pending legislation (such as the National Security Investment Act) as well as continued effects from BREXIT. Finally covering his recent discussions and work with our new UK Information Commissioner as well as the Scottish government on these subjects.

Privacy breaches and electronic communication: Lessons for practitioners and researchers.

In the era of socially distanced clinical andmedical research practices, the use of electronic communication has flourished. The Australian Information Commissioner recently ordered a Victorian general practice to pay $16,400 in compensation following a breach of privacy. This is the largest award of compensation made by the Commissioner in the context of a medical or healthcare privacy matter. The practice had inadvertently sent an email containing sensitive information to an incorrect email address. The email included information concerning the human immunodeficiency virus status ofthe complainants. The aim of this article is to provide anoverview of this important case in Australian information and privacy law, which relates to the operation of an Australian general practice and research activity undertaken within thepractice context. In an era marked by a great increase in the use of electronic communication inthe medical setting, it is essential thatpractices both manage electronic communication well and respond appropriately when an error arises.

The Urgency of Establishing Independent Supervisory Authority for Personal Data Protection in Indonesia

In the Working Committee Meeting of the Bill on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this research is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This research uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this research indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. In Indonesia, by taking into account efficiency and effectiveness, this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.

KEWAJIBAN DINAS ATAS PUTUSAN KOMISI INFORMASI PUBLIK TERHADAP KELENGKAPAN DOKUMEN PUBLIK DI KABUPATEN CIREBON

This study aims to find out how the obligations of the Cirebon Regency Education Office on the decision of the Cirebon Regency Regional Information Commission Number 002/VI/KIKC-PS-A/2018 on the completeness of public documents in Cirebon Regency. The form of the completeness of the requested public documents in the form of a request for a hardcopy / official copy of the 2017 Budget Implementation Document at the Cirebon Regency Education Office is open information based on the KIP Law. The obligation of the Cirebon Regency Education Office in accordance with its duties and functions as a Public Agency does not carry out the mandate of the KIP Law. The methodology used is a type of normative juridical research, namely legal research that places the law as a building system of norms. The system of norms in question is to recognize the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Meanwhile, from the nature of the core research, it is included in the type of descriptive research in the form of diagnostic and evaluative by using qualitative exposure. The findings in this study, First; the weak response and no guarantees as well as the existence of deliberate institutional actions by the Cirebon Regency Education Office, so that the rights of applicants for public information are ignored so that they must take the public information dispute resolution route at the Cirebon Regency Regional Information Commission. Second; that the obligation of the Cirebon Regency Education Office is not to provide, not to provide and/or not to publish public information under its authority to applicants for public information until an unspecified time limit, so that unclear public information will appear and cause a problem. 
 Keywords: Obligations of Public Bodies, Decisions on Information Disputes and UU KIP.

An Investigation into the Practical Challenges Faced by Maintenance Applicants in Zimbabwe (Chegutu)

The Right to Information is the right to access to obtain information from public officials. This right serves several important purposes: Improving the participation of the public in policy-making, Promoting transparency and accountability of the government, minimising corruption, and wastage of state - resources by public officials. The Right to Information Act No. 12 of 2016 (RTI Act) was certified in Sri Lanka by the Parliament on the 4 th day of August 2016, and published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka dated 5 th August 2016 can be considered as one of the more meaningful and positive democratic measure passed during the period concerned. The RTI Act provides an operational administration to enforce the right to information (RTI). Although, it was ensured as a fundamental right in the Constitution of Sri Lanka through the Nineteenth Amendment passed on 28 th of April 2015, the RTI Act has been facing challenges on implementing in the societies. Therefore, the main objective of the study is to identify challenges of the practical procedure stipulated in the RTI Act for public authorities who implement the said RTI and to provide recommendations to ensure the people's right to information. The author has used data such as Gazettes of Sri Lanka related to RTI as a primary sources and journals, reports, electronic resources and books as secondary sources. The publications of the Right to Information Commission of Sri Lanka have been used as a model, particularly for the collection of data. Finally, the paper concludes with suggestions towards minimizing Challenges affecting the institutions as well as the general public in complying with the RTIA whilst pursuing the maximum benefits of the Right to information. Keywords: Right to Information Act, Transparency, RTI, Accountability, Sri Lanka, and Freedom of Expression DOI: 10.7176/JLPG/121-04 Publication date: June 30 th 2022

Dynamics of Public Information Disclosure Implementation within the Aceh Government

Post-armed conflict and tsunami disasters, the Government of Aceh seek to implement public services and development programs transparent and accountable. One of the strategic steps taken is its implementation based on the mandate of the public information disclosure Act (KIP Law) and Aceh Qanun (Aceh Regional Regulation) Number 7 of 2019 on KIP Management. Even though it already has KIP rules, there are still some problems in its implementation, such as compliance with SKPA in providing public information and the number of disputes over public information. This study aims to identify and analyze the dynamics of the implementation of public information within the Aceh Government and the challenges of public management. This study uses a qualitative method through observation, document review, and interviews. The basis of data analysis uses Information Commission Regulation Number 1 of 2010 and Aceh Governor Regulation Number 57 of 2018. The results are (1) SKPA has work plans, programs, and activities for the management of public information; (2) there is a budget allocation for Information and Documentation Implementation Officers (PPID); (3) It has a list of public information and SOPs. The findings of this study also find logistical consequences for the future of Aceh's development through the KIP perspective. Information that is open, accessible, and inexpensive can nurture public trust in the Aceh Government and in itself will increase community participation in development. Trust is the principal social capital in the development of community welfare

Pendampingan Pengelolaan Website Nagari Guna Mendukung Keterbukaan Informasi Publik di Kenagarian Batipuah Baruah

The team ensures that the program is participatory and on target by dialogue with the community and Nagari Batipuah Baruah government. From this dialogue found the essential issues related to public information disclosure. Among them, the understanding of the Nagari Batipuah Baruah apparatus regarding Information Commission Regulation No. 1 of 2018 concerning Village Public Information Service Standards that have not been developed; also, the capacity of the Nagari government apparatus that has not been fully trained to enter and update information and data on the Nagari official website. The solution to this problem is to carry out activities facilitated with assistance directly involving the Nagari Batipuah Baruah government and other related parties. This community service program aims to increase the knowledge, understanding, and ability of the Nagari Batipuah Baruah government to implement village public information services and optimize digital platforms so that public information disclosure can be achieved. The method of implementing the activities is socialization, Focus Group Discussion (FGD), and training entirely run offline by complying with health protocols. After all the methods were implemented, the Nagari Batipuah Baruah government apparatus received a positive response from the Musyawarah Kerja Sekretaris Nagari (MKSN), which responded to the issue of public information disclosure by holding a meeting with the Nagari Secretary throughout the Tanah Datar Regency. In addition, the problem with the Nagari Batipuah Baruah website, which previously did not appear on the Google search page, had to be searched manually by typing www.batipuahbaruah.web.id has also been resolved through this service program.

Defining principles for preserving privacy in digital forensic examinations

As digital devices play an increasing role in criminal investigations, where in some cases the data they contain may describe events where few other sources of information exist, there is an increasing concern regarding potential privacy invasion caused by their examination. ICO, 2020, the Information Commissioner's Office called for the greater evaluation and scrutiny of data extraction and examination processes deployed by investigating authorities with regard to smartphone data. In doing so, a light was shone on the wider issues and balancing act of maintaining data privacy whilst still allowing for an effective investigation to be conducted by law enforcement. This article proposes a set of ten Privacy-Preserving Data Processing Principles (PPDPP) for consideration by those conducting the digital forensic extraction and examination of data from a digital device. These principles define conduct that is indicative of privacy-preserving, where it is encouraged that those undertaking device investigations demonstrate evidence of adherence to the spirit of them.

Identifying researcher learning needs to develop online training for UK researchers working with administrative data: CENTRIC training

BackgroundThe use of administrative data in health and social science research continues to expand, with increased availability of data and interest from funders. Researchers, however, continue to experience delays in access, storage and sharing of administrative data. Training opportunities are limited and typically specific to individual data providers or focussed on the analytical aspects of working with administrative data. The CENTRIC study was funded by the Information Commissioners Office, with the aim of developing a broader training curriculum for researchers working with administrative data in the UK. MethodsA mixed-methods design informed curriculum content, including surveys with researchers, focus group discussions with data providers and workshops with members of the public. Researchers were identified from relevant administrative data networks and invited to participate in an online survey identifying training needs. Data providers were approached with a request to input to a face-to-face or online meeting with two members of the research team about their experiences of working with researchers. Data were analysed within the broad framework of the interview schedule, free text responses in the survey were analysed thematically. Results107 researchers responded to the online survey and four data providers participated in the focus groups. We identified five main themes, relating to research training needs for UK researchers working with administrative data: communication; timelines; changes & amendments; future-proofing applications; and, the availability of training and support. Data providers either provided additional evidence on these learning needs or ways to address identified challenges. Six modules were developed addressing these training needs. Quotes from the survey and focus groups are used anonymously in the online training modules. ConclusionThe CENTRIC online training curriculum was launched in September 2020 and is available, free of charge for UK researchers. CENTRIC specifically addresses commonly identified training needs of researchers working with administrative data.

Complying with the GDPR when vulnerable people use smart devices

Abstract • The number of smart home devices is increasing. They are used by vulnerable people regardless of whether they are designed specifically for them or for the general population (eg, smart door locks, smart alarms, or voice assistants). • This article focuses on children and inherently vulnerable adults, and analyses how to comply with the General Data Protection Regulation (GDPR) when the latter use smart products, with a particular focus on the UK through references made to the Information Commissioner’s Office guidelines and reports. • Complying with the GDPR provisions related to the processing of vulnerable people’s data would be beneficial not only for the latter but also for organizations developing and deploying smart devices. • This article argues in favour of protecting vulnerable people’s data by design and default in every smart product. • The objective of this work is also to draw attention to the need of thinking about vulnerability across all data protection principles and to propose solutions on how to effectively comply with the GDPR in this context.

(Under) Investment in Cyber Skills and Data Protection Enforcement: Evidence from Activity Logs of the UK Information Commissioner's Office

(Under) Investment in Cyber Skills and Data Protection Enforcement: Evidence from Activity Logs of the UK Information Commissioner's Office