Essentials of the Right of Access to Public Information: An Introduction


Introduction by Blanke, Hermann-Josef and Perlingeiro, Ricardo in the book “The Right of Access to Public Information : An International Comparative Legal Survey”: “The first freedom of information law was enacted in Sweden back in 1766 as the “Freedom of the Press and the Right of Access to Public Records Act”. It sets an example even today. However, the “triumph” of the freedom of information did not take place until much later. Many western legal systems arose from the American Freedom of Information Act, which was signed into law by President L.B. Johnson in 1966. This Act obliges all administrative authorities to provide information to citizens and imposes any necessary limitations. In an exemplary manner, it standardizes the objective of administrative control to protect citizens from government interference with their fundamental rights. Over 100 countries around the world have meanwhile implemented some form of freedom of information legislation. The importance of the right of access to information as an aspect of transparency and a condition for the rule of law and democracy is now also becoming apparent in international treaties at a regional level. This article provides an overview on the crucial elements and the guiding legal principles of transparency legislation, also by tracing back the lines of development of national and international case-law….(More)”.

Who wants to know?: The Political Economy of Statistical Capacity in Latin America


IADB paper by Dargent, Eduardo; Lotta, Gabriela; Mejía-Guerra, José Antonio; Moncada, Gilberto: “Why is there such heterogenity in the level of technical and institutional capacity in national statistical offices (NSOs)? Although there is broad consensus about the importance of statistical information as an essential input for decision making in the public and private sectors, this does not generally translate into a recognition of the importance of the institutions responsible for the production of data. In the context of the role of NSOs in government and society, this study seeks to explain the variation in regional statistical capacity by comparing historical processes and political economy factors in 10 Latin American countries. To do so, it proposes a new theoretical and methodological framework and offers recommendations to strengthen the institutionality of NSOs….(More)”.

Research Shows Political Acumen, Not Just Analytical Skills, is Key to Evidence-Informed Policymaking


Press Release: “Results for Development (R4D) has released a new study unpacking how evidence translators play a key and somewhat surprising role in ensuring policymakers have the evidence they need to make informed decisions. Translators — who can be evidence producers, policymakers, or intermediaries such as journalists, advocates and expert advisors — identify, filter, interpret, adapt, contextualize and communicate data and evidence for the purposes of policymaking.

The study, Translators’ Role in Evidence-Informed Policymaking, provides a better understanding of who translators are and how different factors influence translators’ ability to promote the use of evidence in policymaking. This research shows translation is an essential function and that, absent individuals or organizations taking up the translator role, evidence translation and evidence-informed policymaking often do not take place.

“We began this research assuming that translators’ technical skills and analytical prowess would prove to be among the most important factors in predicting when and how evidence made its way into public sector decision making,” Nathaniel Heller, executive vice president for integrated strategies at Results for Development, said. “Surprisingly, that turned out not to be the case, and other ‘soft’ skills play a far larger role in translators’ efficacy than we had imagined.”

Key findings include:

  • Translator credibility and reputation are crucial to the ability to gain access to policymakers and to promote the uptake of evidence.
  • Political savvy and stakeholder engagement are among the most critical skills for effective translators.
  • Conversely, analytical skills and the ability to adapt, transform and communicate evidence were identified as being less important stand-alone translator skills.
  • Evidence translation is most effective when initiated by those in power or when translators place those in power at the center of their efforts.

The study includes a definitional and theoretical framework as well as a set of research questions about key enabling and constraining factors that might affect evidence translators’ influence. It also focuses on two cases in Ghana and Argentina to validate and debunk some of the intellectual frameworks around policy translators that R4D and others in the field have already developed. The first case focuses on Ghana’s blue-ribbon commission formed by the country’s president in 2015, which was tasked with reviewing Ghana’s national health insurance scheme. The second case looks at Buenos Aires’ 2016 government-led review of the city’s right to information regime….(More)”.

AI Nationalism


Blog by Ian Hogarth: “The central prediction I want to make and defend in this post is that continued rapid progress in machine learning will drive the emergence of a new kind of geopolitics; I have been calling it AI Nationalism. Machine learning is an omni-use technology that will come to touch all sectors and parts of society.

The transformation of both the economy and the military by machine learning will create instability at the national and international level forcing governments to act. AI policy will become the single most important area of government policy. An accelerated arms race will emerge between key countries and we will see increased protectionist state action to support national champions, block takeovers by foreign firms and attract talent. I use the example of Google, DeepMind and the UK as a specific example of this issue.

This arms race will potentially speed up the pace of AI development and shorten the timescale for getting to AGI. Although there will be many common aspects to this techno-nationalist agenda, there will also be important state specific policies. There is a difference between predicting that something will happen and believing this is a good thing. Nationalism is a dangerous path, particular when the international order and international norms will be in flux as a result and in the concluding section I discuss how a period of AI Nationalism might transition to one of global cooperation where AI is treated as a global public good….(More)”.

Blockchain in Cities


Report by Brooks Rainwater at the National League of Cities: “Public trust in American lawmakers (particularly at the national level), elections and democratic institutions has plummeted in recent years. While there are many contributing factors, the explosion of digital information, digital misinformation and outright abuse has played a major role in this downward trend.

To restore confidence in the core tenets of our society, leaders need solutions tailored to an increasingly digital world. Additionally, blockchain presents direct opportunities for cities — voting, real estate, transportation, energy, water management and more. The potential exists for local governments to utilize blockchain to lower costs, improve efficiency and create a framework to accelerate innovation, access and accountability in public management.

Blockchain is a shared database or distributed ledger, located permanently online for anything represented digitally, such as rights, goods and property. At its core, it is a secure, inalterable electronic register. Through enhanced trust, consensus and autonomy, blockchain brings widespread decentralization. This is a departure from the traditional role that centralized intermediaries or entities — such as banks — played to manage our valuable transfers. Its inherent transparency promotes relationships and builds confidence.

In the early days of the internet, few people could have predicted the magnitude of the disruption it would cause and the pivotal role it would play in globalization. Some experts say blockchain will potentially change the nature and security of all interactions of value. Because blockchain has large implications for individuals, it will have even larger ramifications for cities.

Here are seven key ways that cities can explore blockchain now:

  • Use blockchain to expand digital inclusion initiatives and help support the un- and under-banked.
  • Explore options for using blockchain in governance, procurement processes and business licensing.
  • Consider blockchain to increase civic engagement and offer additional pathways for voting.
  • Investigate how blockchain can help strengthen local alternative energy initiatives.
  • Prepare for the utilization of blockchain for digital transportation infrastructure needs as autonomous vehicles are more broadly deployed in cities.
  • While the benefits could be manifold, be cognizant of the potential for negative externalities that will need to be addressed and make sure that cities give themselves time to absorb each impact of introducing this technology.
  • Pay attention to what other cities have experienced and learned when it comes to blockchain. And above all, keep an open mind and be open to change. This new technology might just bring some unexpected yet very welcome benefits to your city and its residents….(More)”.

Latin America is fighting corruption by opening up government data


Anoush Darabi in apolitical: “Hardly a country in Latin America has been untouched by corruption scandals; this was just one of the more bizarre episodes. In response, using a variety of open online platforms, both city and national governments are working to lift the lid on government activity, finding new ways to tackle corruption with technology….

In Buenos Aires, government is dealing with the problem by making the details of all its public works projects completely transparent. With BA Obras, an online platform, the city maps projects across the city, and lists detailed information on their cost, progress towards completion and the names of the contractors.

“We allocate an enormous amount of money,” said Alvaro Herrero, Under Secretary for Strategic Management and Institutional Quality for the government of Buenos Aires, who helped to build the tool. “We need to be accountable to citizens in terms of what are we doing with that money.”

The portal is designed to be accessible to the average user. Citizens can filter the map to focus on their neighbourhood, revealing information on existing projects with the click of a mouse.

“A journalist called our communications team a couple of weeks ago,” said Herrero. “He said: ‘I want all the information on all the infrastructure projects that the government has, and I want the documentation.’ Our guy’s answer was, ‘OK, I will send you all the information in ten seconds.’ All he had to do was send a link to the platform.”

Since launching in October 2017 with 80 public works projects, the platform now features over 850. It has had 75,000 unique views, the majority coming in the month after launching.

Making people aware and encouraging them to use it is key. “The main challenge is not the platform itself, but getting residents to use it,” said Herrero. “We’re still in that process.”

Brazil’s public spending checkers

Brazil is using big data analysis to scrutinise its spending via its Public Expenditure Observatory (ODP).

The ODP was founded in 2008 to help monitor spending across government departments systematically. In such a large country, spending data is difficult to pull together, and its volume makes it difficult to analyse. The ODP pulls together disparate information from government databases across the country into a central location, puts it into a consistent format and analyses it for inconsistency. Alongside analysis, the ODP also makes the data public.

For example, in 2010 the ODP analysed expenses made on credit cards by federal government officers. They discovered that 11% of all transactions that year were suspicious, requiring further investigation. After the data was published, credit card expenditure dropped by 25%….(More)”.

Data Ethics Framework


Introduction by Matt Hancock MP, Secretary of State for Digital, Culture, Media and Sport to the UK’s Data Ethics Framework: “Making better use of data offers huge benefits, in helping us provide the best possible services to the people we serve.

However, all new opportunities present new challenges. The pace of technology is changing so fast that we need to make sure we are constantly adapting our codes and standards. Those of us in the public sector need to lead the way.

As we set out to develop our National Data Strategy, getting the ethics right, particularly in the delivery of public services, is critical. To do this, it is essential that we agree collective standards and ethical frameworks.

Ethics and innovation are not mutually exclusive. Thinking carefully about how we use our data can help us be better at innovating when we use it.

Our new Data Ethics Framework sets out clear principles for how data should be used in the public sector. It will help us maximise the value of data whilst also setting the highest standards for transparency and accountability when building or buying new data technology.

We have come a long way since we published the first version of the Data Science Ethical Framework. This new version focuses on the need for technology, policy and operational specialists to work together, so we can make the most of expertise from across disciplines.

We want to work with others to develop transparent standards for using new technology in the public sector, promoting innovation in a safe and ethical way.

This framework will build the confidence in public sector data use needed to underpin a strong digital economy. I am looking forward to working with all of you to put it into practice…. (More)”

The Data Ethics Framework principles

1.Start with clear user need and public benefit

2.Be aware of relevant legislation and codes of practice

3.Use data that is proportionate to the user need

4.Understand the limitations of the data

5.Ensure robust practices and work within your skillset

6.Make your work transparent and be accountable

7.Embed data use responsibly

The Data Ethics Workbook

Charting a course to government by the crowd, for the crowd


Nils Röper at The Conversation: “It is a bitter irony that politicians lament the threat to democracy posed by the internet, instead of exploiting its potential to enhance the existing system. Hackers and bots may help to sway elections, but modern technology has allowed the power of the multitude to positively disrupt the world of business and beyond. Now, crowdsourcing should be allowed to shake up the lawmaking process to make democracies more participatory and efficient.

The crowd clearly can be harnessed, whether it is Apple outsourcing the creation of apps, Wikipedia amassing an encyclopedia of unprecedented magnitude, or National Geographic searching for the Tomb of Genghis Khan. If we can agree that the most important factor of a responsive democracy is participation, then there must be a way to capitalise on this collective intelligence.

In fact, political participation hasn’t been this easy since the first days of democracy in Athens 2,500 years ago. Modern social media can turn into a reality the utopian vision of direct civic engagement on a massive scale. Lawmaking can now be married to public consent through technology. The crowd can be unleashed.

Sharing a platform

Governments haven’t completely missed out. Iceland used crowdsourcing to include citizens in its constitutional reform beginning in 2010, while petition websites are increasingly common and have forced parliamentary debates in the UK. US federal agencies have initiated “national dialogues” on topics of public concern and, in many US municipalities, citizens can provide input on budget decisions online and follow instantaneously whether items make it into the budget.

These initiatives show promise in improving what goes into and what comes out of the process of government. However, they are on too small a scale to counter what many believe to be a period of fundamental democratic disenchantment. That is why government needs to throw its weight behind a full online system through which citizens can easily access all ongoing legislative initiatives and provide input during periods of public consultation. That is a challenge, but not mission impossible. Over 2016/2017 a little over 200 bills were introduced in the UK’s parliament.

It could put the power of participation in the hands of the people, and grant greater legitimacy to government. Through websites and apps, the public would be given an intuitive, one-stop shop for democracy, accessible from any device, and which allowed them to engage no matter where they were – on the beach or on the bus. Registered users would get notifications when new legislation was up for consultation. If the legislation were of interest, it could be bookmarked in order to stay updated.

Users would be able to comment on each paragraph of a draft. Moderators would curate the debate by removing irrelevant and inappropriate content and by continuously summarising the most important and common comments to head off an overflow of information. At the end of the consultation period, the moderators could summarise suggestions, concerns and praise in a memo available to policymakers and the public….(More)”.

Democracy doomsday prophets are missing this critical shift


Bruno Kaufmann and Joe Mathews in the Washington Post: “The new conventional wisdom seems to be that electoral democracy is in decline. But this ignores another widespread trend: direct democracy at the local and regional level is booming, even as disillusion with representative government at the national level grows.

Today, 113 of the world’s 117 democratic countries offer their citizens legally or constitutionally established rights to bring forward a citizens’ initiative, referendum or both. And since 1980, roughly 80 percent of countries worldwide have had at least one nationwide referendum or popular vote on a legislative or constitutional issue.

Of all the nationwide popular votes in the history of the world, more than half have taken place in the past 30 years. As of May 2018, almost 2,000 nationwide popular votes on substantive issues have taken place, with 1,059 in Europe, 191 in Africa, 189 in Asia, 181 in the Americas and 115 in Oceania, based on our research.

That is just at the national level. Other major democracies — Germany, the United States and India — do not permit popular votes on substantive issues nationally but support robust direct democracy at the local and regional levels. The number of local votes on issues has so far defied all attempts to count them — they run into the tens of thousands.

This robust democratization, at least when it comes to direct legislation, provides a context that’s generally missing when doomsday prophets suggest that democracy is dying by pointing to authoritarian-leaning leaders like Turkish President Recep Tayyip Erdogan, Russian President Vladimir Putin, Hungarian Prime Minister Viktor Orbán, Philippine President Rodrigo Duterte and U.S. President Donald Trump.

Indeed, the two trends — the rise of populist authoritarianism in some nations and the rise of local and direct democracy in some areas — are related. Frustration is growing with democratic systems at national levels, and yes, some people become more attracted to populism. But some of that frustration is channeled into positive energy — into making local democracy more democratic and direct.

Cities from Seoul to San Francisco are hungry for new and innovative tools that bring citizens into processes of deliberation that allow the people themselves to make decisions and feel invested in government actions. We’ve seen local governments embrace participatory budgeting, participatory planning, citizens’ juries and a host of experimental digital tools in service of that desired mix of greater public deliberation and more direct public action….(More).”

How Citizens Can Hack EU Democracy


Stephen Boucher at Carnegie Europe: “…To connect citizens with the EU’s decisionmaking center, European politicians will need to provide ways to effectively hack this complex system. These democratic hacks need to be visible and accessible, easily and immediately implementable, viable without requiring changes to existing European treaties, and capable of having a traceable impact on policy. Many such devices could be imagined around these principles. Here are three ideas to spur debate.

Hack 1: A Citizens’ Committee for the Future in the European Parliament

The European Parliament has proposed that twenty-seven of the seventy-three seats left vacant by Brexit should be redistributed among the remaining member states. According to one concept, the other forty-six unassigned seats could be used to recruit a contingent of ordinary citizens from around the EU to examine legislation from the long-term perspective of future generations. Such a “Committee for the Future” could be given the power to draft a response to a yearly report on the future produced by the president of the European Parliament, initiate debates on important political themes of their own choosing, make submissions on future-related issues to other committees, and be consulted by members of the European Parliament (MEPs) on longer-term matters.

MEPs could decide to use these forty-six vacant seats to invite this Committee for the Future to sit, at least on a trial basis, with yearly evaluations. This arrangement would have real benefits for EU politics, acting as an antidote to the union’s existential angst and helping the EU think systemically and for the longer term on matters such as artificial intelligence, biodiversity, climate concerns, demography, mobility, and energy.

Hack 2: An EU Participatory Budget

In 1989, the city of Porto Alegre, Brazil, decided to cede control of a share of its annual budget for citizens to decide upon. This practice, known as participatory budgets, has since spread globally. As of 2015, over 1,500 instances of participatory budgets have been implemented across five continents. These processes generally have had a positive impact, with people proving that they take public spending matters seriously.

To replicate these experiences at the European level, the complex realities of EU budgeting would require specific features. First, participative spending probably would need to be both local and related to wider EU priorities in order to ensure that citizens see its relevance and its wider European implications. Second, significant resources would need to be allocated to help citizens come up with and promote projects. For instance, the city of Paris has ensured that each suggested project that meets the eligibility requirements has a desk officer within its administration to liaise with the idea’s promoters. It dedicates significant resources to reach out to citizens, in particular in the poorer neighborhoods of Paris, both online and face-to-face. Similar efforts would need to be deployed across Europe. And third, in order to overcome institutional complexities, the European Parliament would need to work with citizens as part of its role in negotiating the budget with the European Council.

Hack 3: An EU Collective Intelligence Forum

Many ideas have been put forward to address popular dissatisfaction with representative democracy by developing new forums such as policy labs, consensus conferences, and stakeholder facilitation groups. Yet many citizens still feel disenchanted with representative democracy, including at the EU level, where they also strongly distrust lobby groups. They need to be involved more purposefully in policy discussions.

A yearly Deliberative Poll could be run on a matter of significance, ahead of key EU summits and possibly around the president of the commission’s State of the Union address. On the model of the first EU-wide Deliberative Poll, Tomorrow’s Europe, this event would bring together in Brussels a random sample of citizens from all twenty-seven EU member states, and enable them to discuss various social, economic, and foreign policy issues affecting the EU and its member states. This concept would have a number of advantages in terms of promoting democratic participation in EU affairs. By inviting a truly representative sample of citizens to deliberate on complex EU matters over a weekend, within the premises of the European Parliament, the European Parliament would be the focus of a high-profile event that would draw media attention. This would be especially beneficial if—unlike Tomorrow’s Europe—the poll was not held at arm’s length by EU policymakers, but with high-level national officials attending to witness good-quality deliberation remolding citizens’ views….(More)”.