New post; old business: Nova Scotia "Right to Know" Week Forum (September 28, 2010 University of Kings College, Halifax)

A forum initiated by the Canadian Association of Professional Access and Privacy Administrators with the active support of our Coalition and the blessing of the independent FOI Review Office was held September 28, 2010 at King's College, Alumni Hall.

The main speaker was Fred Vallance-Jones, a professor at King's Journalism School and author of the annual freedom of information audit by the Canadian Newspapers Association. He spoke, of course, about the audit.

This was followed by three panels organized by the coalition which I moderated. The first offered the Nova Scotia Government Freedom of Information Administrator and a former DM Justice an opportunity to speak to the government's approach to the provincial Freedom of Information Act.

Two members of the legislature, one from the government caucus and the other from the opposition Liberal caucus were the second panel. The government rep., of course, was expected to defend the government's openness and accountability. The one-year-old NDP government, while in opposition, was a devoted supporter of the FOI Act, and used it often and effectively. Not so much devoted in government... no surprise to anyone. The Liberal rep. was a new MLA, just 26 years old. Both politicians were reasonable and polite and intelligent..The young Liberal used to be a student in the government member's pol-sci class.

The last panel was made up of three seasoned journalists, all of whom are users of the FOI Act in their efforts to wrest information from the government.  They were joined by a young woman, a recent graduate of King's J-School.  The journalists' panel was predictably and particularly critical of government's lack of enthusiasm for the FOI Act. Questions from the audience, several of whom were government FOI administrators not exactly in accord with the views of the cranky journalists, continued until the lights dimmed.

Toby Mendel, the Executive Director of the new Halifax-based Centre for Law and Democracy and an expert in international access to information laws, compared, Canadian access legislation unfavourably with many of the other countries who have adopted right to know legislation. Toby, who travels frequently in other countries, is an enthusiastic and welcome new member of our coalition.

Organizing panels can be a tough job for a small, impecunious coalition the directors of which are busy, busy with jobs and families. The only unemployed member is the guy they elected President. Go figure!

Thanks for your interest and thanks to CAPAPA for spearheading the effort.


Darce Fardy
President
Right to Know Coalition of Nova Scotia
(902) 422-1481
darce@eastlink.ca
www.nsrighttoknow.ca

Related articles

• Nova Scotia "Right to Know" Week event on September 28, 2010 at Alumni Hall, University of Kings College (nsrtk.blogspot.com)
• SECRECY AND DEMOCRACY, a forum to be held on Tuesday, September 28 at 7 pm at Alumni Hall, King's College (nsrtk.blogspot.com)
• Freedom of Information in Nova Scotia (nsrtk.blogspot.com)

Quote of the Day from 'Convention centre: Can we all just get a grip? ' Dan Leger - Thr Chronicle herald

"This un-Nova Scotian hostility goes back to the botched Commonwealth Games bid, in which the Games’ backers demanded public support, but from behind a wall of secrecy and exclusion. Citizens weren’t properly informed or consulted, so when the bid faltered, there wasn’t enough public support to keep it going." - Dan Leger (Chronicle Herald)

Independent Diplomat

Independent Diplomat (ID) aims to promote justice and conflict resolution by enabling governments and political groups disadvantaged or marginalised by lack of diplomatic capacity to engage effectively in diplomatic processes.


ID provides independent and confidential advice and assistance in diplomatic technique and strategy to governments, political groups, international institutions and non-governmental organisations.

http://www.independentdiplomat.org/

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Secret services 'must be made more transparent' - Home News, UK - The Independent

Image by mädchenkrawall via Flickr Secret services 'must be made more transparent'


By Rachel Shields
Sunday, 29 August 2010

The secret services must become more transparent if they are to halt the spread of damaging conspiracy theories and increase trust in the Government, claims a leading think tank.

A Demos report published today, The Power of Unreason, argues that secrecy surrounding the investigation of events such as the 9/11 New York attacks and the 7/7 bombings in London merely adds weight to unsubstantiated claims that they were "inside jobs".

It warns of the dangers posed by conspiracy theories – from hindering counter-terrorism work by reducing public trust in the Government, to encouraging new alliances between extremists based on such theories – and recommends the Government fight back by infiltrating internet sites to dispute these theories.


FULL ARTICLE: http://www.independent.co.uk/news/uk/home-news/secret-services-must-be-made-more-transparent-2064948.html

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CBC's The Current Podcast: 04/02/10: Pt 3 - Accountability Act

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The Current Podcast

The Current is a meeting place of perspectives with a fresh take on issues that affect Canadians today.

04/02/10: Pt 3 - Accountability Act


Stephen Harper rode into office promising open, transparent and above all accountable government. Four years later, we're asking whether he's delivered it.

Right click to Download 04/02/10: Pt 3 - Accountability Act

[mp3 file: runs 28:21]

Music to Accompany Right to Know Week

Greetings from the west coast of Canada,

This request is sent to 154 groups and people from around the world who are interested in Freedom of Information.

Right To Know Week, the week to raise awareness about freedom of information, is approaching (Sept 28 to Oct 2). But to celebrate and raise awareness about freedom of information we need music!

Please take a minute or so to think of songs & music that usher in something of the spirit of freedom of information. Suggestions can be submitted here.

www.tinyurl.com/rtkmusic

Songs will be posted at www.opengovernmentrecords.net as they come in so that they can be used in Right to Know week celebrations.

Mark Weiler
Burnaby, BC
Canada

Prying open D.C. government Opinion Articles - Jonetta Rose Barras | Editorials on Top News Stories | Washington Examiner

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Prying open D.C. government

By: Jonetta Rose Barras
Examiner Columnist | 6/10/09 2:57 PM

Melissa Davenport will tell you that the recent controversy surrounding Mayor Adrian M. Fenty’s unwillingness to disclose information about a variety of things, including the cost of his trip to Dubai, didn’t motivate the founding of the D.C. Open Government Coalition.

“Our effort is not pegged to any administration,” she told me earlier this week. “We happen to believe the best mechanism for holding the government accountable is openness.”

FULL ARTICLE

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US Federal Government Still Viewed as Secretive; Public Supports President's Directive on Transparency

Federal Government Still Viewed as Secretive; Public Supports President's Directive on Transparency

By: PR Newswire

Mar. 13, 2009 07:00 AM

WASHINGTON, March 13 /PRNewswire-USNewswire/ -- For the first time in four years, public opinion about government secrecy has leveled off, although more than seven in 10 adults still consider the federal government to be secretive, according to the 2009 Sunshine Week survey by Scripps Howard News Service and Ohio University.

Since 2006, the percentage of adults who believe the federal government to be somewhat or very secretive has grown steadily; from 62 percent in 2006 to 74 percent in 2008. The latest survey finds 73 percent characterizing federal government as secretive.

This mood is perhaps buoyed by the nearly eight in 10 adults who think President Obama's Freedom of Information directive calling for a presumption of disclosure is the right thing to do.

"Trust in government has been on the decline for some time in the United States. The previous administration's disclosure policies certainly contributed to public skepticism," said Jerry Miller, director of the Scripps Survey Research Center at Ohio University. "People now appear more optimistic, but still guarded, about President Obama and the current administration's disclosure practices under the Freedom of Information Act."

FULL ARTICLE

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U.S. one of the more open governments

Monday, February 2, 2009

U.S. one of the more open governments

Erin Spiegel THE WASHINGTON TIMES

The United States is not alone when it comes to keeping the inner workings of its government secret - a practice that President Obama is attempting to change.

The International Budget Partnership (IBP), a Washington-based research group, said an overwhelming majority of governments withhold more information from their citizens than the United States - especially when it comes to money.

Eighty percent of the world's governments fail to provide adequate and timely budget information for the public to hold them accountable, according to a recent report by the group.

IBP's Open Budget Survey 2008 found that nearly half of 85 countries studied provide minimal information to the public and that only five, including the United States, provide extensive information.

"Transparency is critical for citizens to hold their government to account and is fundamental to the public´s trust in government," said Nancy Boswell, president of Transparency International USA, a global organization fighting corruption.

FULL ARTICLE

Illinois Governor Pat Quinn speaks to the media - Image by Getty Images via Daylife

Illinois Gov. Quinn orders better response to FOIA requests

---

By Eric Naing

GateHouse News Service

Posted Feb 25, 2009 @ 06:41 PM

---

SPRINGFIELD, Ill. —

Gov. Pat Quinn told state agency directors and state lawyers Wednesday to “take all steps necessary to make information as accessible as possible" and better comply with the Freedom of Information Act.

Quinn spokesman Bob Reed said the directive is intended to let state workers know they “should have a pro-disclosure attitude toward FOIA.”

The purpose of the act is to provide members of the public access to government records. Certain types of information, such as medical files and security information, are exempt from the act.

A common criticism is that state agencies often deny requests for information based on broad interpretations of these exemptions.

In his memo, Quinn ordered FOIA requests to be considered “in favor of disclosure” instead of secrecy.

"In particular, FOIA requests shall be complied with in full conformity with both the letter and spirit of FOIA, and no decision to withhold information sought in a FOIA request shall be made to avoid embarrassment or for any speculative or other improper purpose," he wrote.

FULL ARTICLE

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Solomon Islands Freedom of Information Workshop Ends

Thursday, February 26, 2009 11:02 AM

Freedom of Information Workshop Ends

Solomon Islands from the air - Image via Wikipedia

Image via Wikipedia

BY JOY BASI

Participants at the recent freedom of information workshop held in Honiara.
(Source: Photo Supplied)

The three days workshop on Freedom of Information (FOI) has come to an end yesterday at the Mendana hotel.

Ombudsman, Joe Poraiwai, thanked all the resource people and participants for their contribution, stating that the workshop will result in a draft FOI for the Solomon Islands.

Mr. Poraiwai stated that it will be the first of its kind, and will, in many ways, advance good governance in the country.

Meanwhile, Dr. Henry Ivarature, of the Pacific Islands Forum Secretariat, stated that the FOI is an important starting point for the Solomon Islands, but the country would have to learn through others experience, to see how FOI "works on the ground."

"There needs to be a lot of work to tell people about the FOI...this is the only way to move forward," said Dr. Ivarature. Dr. Ivarature said that as partners to the project support will continue to be given to the Solomon Islands, in terms of technical advice.

Dr. Ivarature thanked the Ombudsman for the courageous steps taken, even though there may be a lack of understanding on FOI issues by the general populace and even within government.

WASHINGTON - SEPTEMBER 28: (L-R) Speaker of the House Nancy Pelosi (D-CA), House Financial Services Committee Chairman Barney Frank (D-MA), Senate Majority Leader Harry Reid (D-NV), and Senate Banking, Housing and Urban Affairs Committee Chairman Christopher Dodd (D-CT) hold a news conference at the U.S. Captiol September 28, 2008 in Washington, DC. The Congressional Democrats talked about the compromise legislation between Congress and the Bush Administration for the $700 billion bailout plan for the Wall Street financial crisis.Image by Getty Images via Daylife

Spending web sites make politicos take transparency seriously

By Lise Bang-Jensen
Manhattan Moment Columnist | 2/24/09 6:10 PM

Did $165 billion in taxpayer dollars disappear into the ether? Probably not, but eight top financial executives, appearing before a House committee last week, were unable to account for how they spent federal bailout money.

The episode speaks poorly for the banking industry. (Let’s hope banks are more prudent with our personal checking accounts.) It also makes government look terrible—and increases demands that the federal government track every dollar of the $789 billion stimulus plan.

Transparency has emerged as a political buzzword, but it’s not a new concept. Thomas Jefferson observed, “Information is the currency of democracy”. Two centuries later, another president, Barack Obama, has promised “an unprecedented level of openness in government”.

Democrats and Republicans, liberals and conservatives embrace the transparency movement. As a U.S. senator, Obama joined with Republicans Tom Coburn of Oklahoma and John McCain of Arizona in co-sponsoring the Federal Funding and Accountability Act of 2006. It posts federal contracts and grants on a website, www.usaspending.gov

Government transparency is about more than tracking federal contracts or stimulus funds. Citizens have a right to know how every tax dollar is spent.

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Cayman Islands First Freedom of Information Unit Report on Implementation January 2009

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Cayman Islands First Freedom of Information Unit Report on Implementation January 2009 (PDF)

The Freedom of Information Law was brought into effect on January 5th 2009. The FOI Unit will issue a monthly statistical report on implementation which will summarise the number of FOI requests received by public authorities and the decisions that were made during that month. Public authorities have up to a maximum of thirty calendar days to respond to an FOI request with a decision to grant, refuse or defer access and therefore this reporting period will not reflect decisions on all requests submitted during the month of January.

Between January 5, 2009 and January 31, 2009, eighty-eight public authorities received a combined total of one hundred and seventeen requests for information under the FOI Law.

Of the thirty-six requests that were closed in this time period, twelve were granted in full, two
were granted in part, and five were exempt in their entirety. Four applicants requested
records that were available in the public domain and eight other applicants asked for certain
information but the Information Managers determined that their public authority held no
records related to that request. Three requests were withdrawn by the applicants, one
request was refused under Section 9(c) of the FOI Law and one request was deferred under
Section 11(2).

FULL DOCUMENT

FOI commissioner blasts B.C. government

February 13, 2009 11:02 AM

VANCOUVER — B.C.'s Information and Privacy Commissioner is criticizing the provincial government for what he calls its failure to tackle the chronic problem of delay in responding to freedom of information requests.

In his first annual report on FOI performance, "Timeliness of Government's Access to Information Responses", released Friday, David Loukidelis describes what he calls "an unacceptable pattern of government-wide failure to respond to access requests in as timely a fashion as it should."

FULL ARTICLE

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What US Gov Docs Would You Like to See Published?

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What Gov Docs Would You Like to See Published?

by Jennifer LaFleur,
ProPublica
February 12, 2009 8:58 am EST

ShowUstheData.org

[1]The 1996, yes, 1996 revision of the Freedom of Information Act, known as EFOIA [2], called for federal agencies to post frequently requested documents on their Web sites.

Guess what? Not every agency did it.

But now that transparency is hip, open government advocates have created a Web site [1] so folks can tell the government what documents they would like to see made public.

The site, Show us the Data [1], is a joint project of the OpenTheGovernment.org and the Center for Democracy and Technology. They only have a few votes, but the currently most wanted document is something we wrote about Tuesday [3] -- reports of the Congressional Research Service. CRS reports would not fall under the 1996 EFOIA amendments, but open-records advocates have argued for years that the information should be public.

There aren't a lot of votes on the site yet -- but the site just opened yesterday.

FULL ARTICLE

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Obama Memo on the Freedom of Information Act

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MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.


BARACK OBAMA

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Obama Memorandum on Transparency and Open Government

Image via WikipediaTHE WHITE HOUSE

Office of the Press Secretary


For Immediate Release January 21, 2009


MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Transparency and Open Government


My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote
efficiency and effectiveness in Government.

Government should be transparent. Transparency promotes accountability and provides information for citizens about what their Government is doing. Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public
can readily find and use. Executive departments and agencies should harness new technologies to put information about their operations and decisions online and readily available to the public. Executive departments and agencies should also solicit public feedback to identify
information of greatest use to the public.

Government should be participatory. Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to
participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government.

Government should be collaborative. Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, methods, and systems to cooperate among themselves, across all levels of more Government, and with nonprofit organizations, businesses, and individuals in the private sector. Executive
departments and agencies should solicit public feedback to assess and improve their level of collaboration and to identify new opportunities for cooperation.

I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) Image by dbking via Flickrand the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days, of recommendations for an Open Government Directive, to be issued by the Director of OMB, that
instructs executive departments and agencies to take specific actions implementing the principles set forth in this memorandum. The independent agencies should comply with the Open Government Directive.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


This memorandum shall be published in the Federal Register.




BARACK OBAMA





# # #

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Secrecy breeds distrust

Published Saturday, January 17, 2009

Steve Stewart

The most refreshing change in Franklin city government over the past six months has been the City Council's emphasis on openness, transparency and accessibility.

That collective spirit has begun to restore the broken trust between citizens and City Hall that manifest itself in the May election, when two newcomers running on a platform of greater citizen involvement scored runaway victories.

The City Council's challenge now is to demonstrate that openness is an ongoing commitment, not an election-year show.

A couple of current hot potatoes in city government — a botched school board appointment and the retroactive billing of electricity customers because of a city employee's clerical mistake — illustrate how easy it is to revert to old habits and retreat to secrecy when the political environment heats up.

Unfortunately, Virginia's Freedom of Information Act is vague enough to give elected officials cover when they find the spotlight of public scrutiny uncomfortable. A creative mind can take the list of exceptions to the open-meetings law and justify doing just about anything behind closed doors.

City Attorney Taylor Williams, to his credit, is a stickler Image via Wikipediaabout steering the council clear of obvious violations of the law. With the job of determining whether council members have the right to go into closed session in Williams' capable hands, it's important to note that the council alone must decide whether excluding the citizenry from deliberations is the right decision and whether the council will erode the public trust by choosing secrecy. The latter is the job of elected leadership, not an attorney. Under no circumstance does the FOI law require a closed-door meeting. The law simply says a board "may" meet in secret under certain circumstances.

On the aforementioned controversies, the council blew it Monday night by choosing secrecy over openness.

FULL ARTICLE

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