Is Open Data the Death of FOIA?

Curated on Posted on by Stefaan Verhulst

Beth Noveck at the Yale Law Journal: “For fifty years, the Freedom of Information Act (FOIA) has been the platinum standard for open government in the United States. The statute is considered the legal bedrock of the public’s right to know about the workings of our government. More than one hundred countries and all fifty states have enacted their own freedom of information laws. At the same time, FOIA’s many limitations have also become evident: a cumbersome process, delays in responses, and redactions that frustrate journalists and other information seekers. Politically-motivated nuisance requests bedevil government agencies.With over 700,000 FOIA requests filed every year, the federal government faces the costs of a mounting backlog.

In recent years, however, an entirely different approach to government transparency in line with the era of big data has emerged: open government data. Open government data —generally shortened to open data—has many definitions but is generally considered to be publicly available information that can be universally and readily accessed, used, and redistributed free of charge in digital form. Open data is not limited to statistics, but also includes text such as the United States Federal Register, the daily newspaper of government, which was released as open data in bulk form in 2010.

To understand how significant the open data movement is for FOIA, this Essay discusses the impact of open data on the institutions and functions of government and the ways open data contrasts markedly with FOIA. Open data emphasizes the proactive publication of whole classes of information. Open data includes data about the workings of government but also data collected by the government about the economy and society posted online in a centralized repository for use by the wider public, including academic users seeking information as the basis for original research and commercial users looking to create new products and services. For example, Pixar used open data from the United States Geological Survey to create more realistic detail in scenes from its movie The Good Dinosaur.

By contrast, FOIA promotes ex post publication of information created by the government especially about its own workings in response to specific demands by individual requestors. I argue that open data’s more systematic and collaborative approach represents a radical and welcome departure from FOIA because open data concentrates on information as a means to solve problems to the end of improving government effectiveness. Open data is legitimated by the improved outcomes it yields and grounded in a theory of government effectiveness and, as a result, eschews the adversarial and ad hoc FOIA approach. Ultimately, however, each tactic offers important complementary benefits. The proactive information disclosure regime of open data is strengthened by FOIA’s rights of legal enforcement. Together, they stand to become the hallmark of government transparency in the fifty years ahead….(More)”.

Comparing resistance to open data performance measurement

Curated on Posted on by Stefaan Verhulst

Paper by Gregory Michener and Otavio Ritter in Public Administration : “Much is known about governmental resistance to disclosure laws, less so about multi-stakeholder resistance to open data. This study compares open data initiatives within the primary and secondary school systems of Brazil and the UK, focusing on stakeholder resistance and corresponding policy solutions. The analytical framework is based on the ‘Three-Ps’ of open data resistance to performance metrics, corresponding to professional, political, and privacy-related concerns. Evidence shows that resistance is highly nuanced, as stakeholders alternately serve as both principals and agents. School administrators, for example, are simultaneously principals to service providers and teachers, and at once agents to parents and politicians. Relying on a different systems comparison, in-depth interviews, and newspaper content analyses, we find that similar stakeholders across countries demonstrate strikingly divergent levels of resistance. In overcoming stakeholder resistance – across socioeconomic divides – context conscientious ‘data-informed’ evaluations may promote greater acceptance than narrowly ‘data-driven’ performance measurements…(More)”

Towards a DataPlace: mapping data in a game to encourage participatory design in smart cities

Curated on Posted on by Stefaan Verhulst

Paper by Barker, Matthew; Wolff, Annika and van der Linden, Janet: “The smart city has been envisioned as a place where citizens can participate in city decision making and in the design of city services. As a key part of this vision, pervasive digital technology and open data legislation are being framed as vehicles for citizens to access rich data about their city. It has become apparent though, that simply providing access to these resources does not automatically lead to the development of data-driven applications. If we are going to engage more of the citizenry in smart city design and raise productivity, we are going to need to make the data itself more accessible, engaging and intelligible for non-experts. This ongoing study is exploring one method for doing so. As part of the MK:Smart City project team, we are developing a tangible data look-up interface that acts as an alternative to the conventional DataBase. This interface, or DataPlace as we are calling it, takes the form of a map, which the user places sensors on to physically capture real-time data. This is a simulation of the physical act of capturing data in the real world. We discuss the design of the DataPlace prototype under development and the planned user trials to test out our hypothesis; that a DataPlace can make handling data more accessible, intelligible and engaging for non-experts than conventional interface types….(More)”

Open Data Workspace for Analyzing Hate Crime Trends

Curated on Posted on by Stefaan Verhulst

Press Release: “The Anti-Defamation League (ADL) and data.world today announced the launch of a public, open data workspace to help understand and combat the rise of hate crimes. The new workspace offers instant access to ADL data alongside relevant data from the FBI and other authoritative sources, and provides citizens, journalists and lawmakers with tools to more effectively analyze, visualize and discuss hate crimes across the United States.

The new workspace was unveiled at ADL’s inaugural “Never Is Now” Summit on Anti-Semitism, a daylong event bringing together nearly 1,000 people in New York City to hear from an array of experts on developing innovative new ways to combat anti-Semitism and bigotry….

Hate Crime Reporting Gaps


The color scale depicts total reported hate crime incidents per 100,000 people in each state. States with darker shading have more reported incidents of hate crimes while states with lighter shading have fewer reported incidents. The green circles proportionally represent cities that either Did Not Report hate crime data or affirmatively reported 0 hate crimes for the year 2015. Note the lightly shaded states in which many cities either Do Not Report or affirmatively report 0 hate crimes….(More)”

From Tech-Driven to Human-Centred: Opengov has a Bright Future Ahead

Curated on Posted on by Stefaan Verhulst

Essay by Martin Tisné: ” The anti-corruption and transparency field ten years ago was in pre-iPhone mode. Few if any of us spoke of the impact or relevance of technology to what would become known as the open government movement. When the wave of smart phone and other technology hit from the late 2000s onwards, it hit hard, and scaled fast. The ability of technology to create ‘impact at scale’ became the obvious truism of our sector, so much so that pointing out the failures of techno-utopianism became a favorite pastime for pundits and academics. The technological developments of the next ten years will be more human-centered — less ‘build it and they will come’ — and more aware of the un-intended consequences of technology (e.g. the fairness of Artifical Intelligence decision making) whilst still being deeply steeped in the technology itself.

By 2010, two major open data initiatives had launched and were already seen as successful in the US and UK, one of President Obama’s first memorandums was on openness and transparency, and an international research project had tracked 63 different instances of uses of technology for transparency around the world (from Reclamos in Chile, to I Paid a Bribe in India, via Maji Matone in Tanzania). Open data projects numbered over 200 world-wide within barely a year of data.gov.uk launching and to everyone’s surprise topped the list of Open Government Partnership commitments a few years hence.

The technology genie won’t go back into the bottle: the field will continue to grow alongside technological developments. But it would take a bold or foolish pundit to guess which of blockchain or other developments will have radically changed the field by 2025.

What is clearer is that the sector is more questioning towards technology, more human-centered both in the design of those technologies and in seeking to understand and pre-empt their impact….

We’ve moved from cyber-utopianism less than ten years ago to born-digital organisations taking a much more critical look at the deployment of technology. The evangelical phase of the open data movement is coming to an end. The movement no longer needs to preach the virtues of unfettered openness to get a foot in the door. It seeks to frame the debate as to whether, when and how data might legitimately be shared or closed, and what impacts those releases may have on privacy, surveillance, discrimination. An open government movement that is more human-centered and aware of the un-intended consequences of technology, has a bright and impactful future ahead….(More)”

Open Data Collection (PLOS)

Curated on Posted on by Stefaan Verhulst
Daniella Lowenberg, Amy Ross, Emma Ganley at PLOS: “In the spirit of Open Con and highlighting the state of Open Data, PLOS is proud to release our Open Data Collection. The many values of Open Data are becoming increasingly apparent, and as a result, we are seeing an adoption of Open Data policies across publishers, funders and organizations. Open Data has proven a fantastic tool to help evaluate the replicability of published research, and even politicians are taking a stand in favor of Open Data as a mechanism to advance science rapidly. In March of 2014, PLOS updated our Data Policy to reflect the need for the underlying data to be as open as the paper itself resulting in complete transparency of the research. Two and-a-half years later, we have seen over 60,000 published papers with open data sets and an increase in submissions reflecting open data practices and policies….

To create this Open Data Collection, we exhaustively searched for relevant articles published across PLOS that discuss open data in some way. Then, in collaboration with our external advisor, Melissa Haendel, we have selected 26 of those articles with the aim to highlight a broad scope of research articles, guidelines, and commentaries about data sharing, data practices, and data policies from different research fields. Melissa has written an engaging blog post detailing the rubric and reasons behind her selections….(More)”

Open data aims to boost food security prospects

Curated on Posted on by Stefaan Verhulst

Mark Kinver at BBC News: “Rothamsted Research, a leading agricultural research institution, is attempting to make data from long-term experiments available to all.

In partnership with a data consultancy, is it developing a method to make complex results accessible and useable.

The institution is a member of the Godan Initiative that aims to make data available to the scientific community.

In September, Godan called on the public to sign its global petition to open agricultural research data.

“The continuing challenge we face is that the raw data alone is not sufficient enough on its own for people to make sense of it,” said Chris Rawlings, head of computational and systems biology at Rothamsted Research.

“This is because the long-term experiments are very complex, and they are looking at agriculture and agricultural ecosystems so you need to know a lot of about what the intention of the studies are, how they are being used, and the changes that have taken place over time.”

However, he added: “Even with this level of complexity, we do see significant number of users contacting us or developing links with us.”

One size fits all

The ability to provide open data to all is one of the research organisation’s national capabilities, and forms a defining principle of its web portal to the experiments carried out at its North Wyke Farm Platform in North Devon.

Rothamsted worked in partnership with Tessella, a data consultancy, on the data collected from the experiments, which focused on livestock pastures.

The information being collected, as often as every 15 minutes, includes water run-off levels, soil moisture, meteorological data, and soil nutrients, and this is expected to run for decades.

“The data is quite varied and quite diverse, and [Rothamsted] wants to make to make this data available to the wider research community,” explained Tessella’s Andrew Bowen.

“What Rothamsted needed was a way to store it and a way to present it in a portal in which people could see what they had to offer.”

He told BBC News that there were a number of challenges that needed to be tackled.

One was the management of the data, and the team from Tessella adopted an “agile scrum” approach.

“Basically, what you do is draw up a list of the requirements, of what you need, and we break the project down into short iterations, starting with the highest priority,” he said.

“This means that you are able to take a more exploratory approach to the process of developing software. This is very well suited to the research environment.”…(More)”

Three ways to grow the open data economy

Curated on Posted on by Stefaan Verhulst

Nigel Shadbolt in The Guardian: “…here are three areas where action by the UK government can help to support and promote a flourishing open data economy

Strengthen our data infrastructure

We are used to thinking of areas like transport and energy requiring physical infrastructure. From roads and rail networks to the national grid and power stations, we understand that investment and management of these vital parts of an infrastructure are essential to the economic wellbeing and future prosperity of the nation.

This is no less true of key data assets. Our data infrastructure is a core part of our national infrastructure. From lists of legally constituted companies to the country’s geospatial data, our data infrastructure needs to be managed, maintained, in some cases built and in all cases made as widely available as possible.

To maximise the benefits to the UK’s economy and to reduce costs in delivery of public services, the data we rely on needs to be adaptable, trustworthy, and as open as possible….

While we do have some excellent examples of infrastructure data from the likes of Companies House, Land Registry, Ordnance Survey and Defra, core parts of the data infrastructure that we need within the UK are missing, unreliable, or of a low quality. The government must invest here just as it invests in our other traditional infrastructure.

Support and promote data innovation

If we are to make best use of data, we need a bridge between academic research, public, private and third sectors, and a thriving startup ecosystem where new ideas and approaches can grow.

We have learned that properly targeted challenges could identify potential savings for government – similar to Prescribing Analytics, an ODI-incubated startup which used publicly available data to identify £200m in prescriptions savings per year for the NHS – but, more importantly, translate that potential into procurable products and services that could deliver those savings.

A data challenge series run at a larger scale, funded by Innovate UK, openly contested and independently managed, would stimulate the creation of new companies, jobs, products and services. It would also act as a forcing function to strengthen data infrastructure around key challenges, and raise awareness and capacity for those working to solve them. The data needed to satisfy the challenges would have to be made available and usable, bringing data innovation into government and bolstering the offer of the startups and SMEs who take part.

Invest in data literacy

In order to take advantage of the data revolution, policymakers, businesses and citizens need to understand how to make use of data. In other words, they must become data literate.

Data literacy is needed through our whole educational system and society more generally. Crucially, policymakers are going to need to be informed by insights that can only be gleaned through understanding and analysing data effectively….(More)”

Tackling Corruption with People-Powered Data

Curated on Posted on by Stefaan Verhulst

Sandra Prüfer at Mastercard Center for Inclusive Growth: “Informal fees plague India’s “free” maternal health services. In Nigeria, village households don’t receive the clean cookstoves their government paid for. Around the world, corruption – coupled with the inability to find and share information about it – stymies development in low-income communities.

Now, digital transparency platforms – supplemented with features illiterate and rural populations can use – make it possible for traditionally excluded groups to make their voices heard and access tools they need to grow.

Mapping Corruption Hot Spots in India

One of the problems surrounding access to information is the lack of reliable information in the first place: a popular method to create knowledge is crowdsourcing and enlisting the public to monitor and report on certain issues.

The Mera Swasthya Meri Aawaz platform, which means “Our Health, Our Voice”, is an interactive map in Uttar Pradesh launched by the Indian non-profit organization SAHAYOG. It enables women to anonymously report illicit fees charged for services at maternal health clinics using their mobile phones.

To reduce infant mortality and deaths in childbirth, the Indian government provides free prenatal care and cash incentives to use maternal health clinics, but many charge illegal fees anyway – cutting mothers off from lifesaving healthcare and inhibiting communities’ growth. An estimated 45,000 women in India died in 2015 from complications of pregnancy and childbirth – one of the highest rates of any country in the world; low-income women are disproportionately affected….“Documenting illegal payment demands in real time and aggregating the data online increased governmental willingness to listen,” Sandhya says. “Because the data is linked to technology, its authenticity is not questioned.”

Following the Money in Nigeria

In Nigeria, Connected Development (CODE) also champions open data to combat corruption in infrastructure building, health and education projects. Its mission is to improve access to information and empower local communities to share data that can expose financial irregularities. Since 2012, the Abuja-based watchdog group has investigated twelve capital projects, successfully pressuring the government to release funds including $5.3 million to treat 1,500 lead-poisoned children.

“People activate us: if they know about any project that is supposed to be in their community, but isn’t, they tell us they want us to follow the money – and we’ll take it from there,” says CODE co-founder Oludotun Babayemi.

Users alert the watchdog group directly through its webpage, which publishes open-source data about development projects that are supposed to be happening, based on reports from freedom of information requests to Nigeria’s federal minister of environment, World Bank data and government press releases.

Last year, as part of their #WomenCookstoves reporting campaign, CODE revealed an apparent scam by tracking a $49.8 million government project that was supposed to purchase 750,000 clean cookstoves for rural women. Smoke inhalation diseases disproportionately affect women who spend time cooking over wood fires; according to the World Health Organization, almost 100,000 people die yearly in Nigeria from inhaling wood smoke, the country’s third biggest killer after malaria and AIDS.

“After three months, we found out that only 15 percent of the $48 million was given to the contractor – meaning there were only 45,000 cook stoves out of 750,000 in the county,” Babayemi says….(More)”

Open parliament policy applied to the Brazilian Chamber of Deputies

Curated on Posted on by Stefaan Verhulst

Paper by Cristiano Faria & Malena Rehbein  in The Journal of Legislative Studies:”…analyse the implementation of an open parliament policy that is taking place at the Chamber of Deputies, in accordance with the guidelines of the Open Government Partnership international programme (OGP), regarding the action plan of the Opening Parliament Work Group in particular, one of the subgroups of OGP. The authors will evaluate two blocks of initiatives for open parliaments executed by the Chamber in the last few years, that is, digital participation in the legislative process and Transparency 2.0, in order to observe their impasses and results obtained until now. In the first part the authors will study the e-Democracy portal and in the second part the authors will focus on open data, collaborative activities to use those data (hackathons) and the creation of the Hacker Lab, a permanent space dedicated to open parliament practices. The analysis considers the initiatives that the authors evaluated as part of the transformative and arena profiles of the Brazilian Parliament, according to Polsby’s classification, with exclusive characteristics…. (More)”

See also Hacking Parliament