Right to Know Day

All about events for Right to Know Day Thursday 28 September.

In particular:

The Office of the Information Commissioner, Queensland is holding the annual Solomon Lecture for Right to Know Day on 28 September 2017. Mr Kerry O’Brien, one of Australia’s most distinguished and respected journalists, will deliver this year’s lecture and draw on the 30th anniversary of the Fitzgerald Inquiry in Queensland as an opportunity to revisit some of the lessons learnt over the past three decades around open government, including the media’s role.
Following the Lecture will be a panel discussion featuring Channel 7’s Freedom of Information Editor, Alison Sandy, Queensland University of Technology Vice Chancellor Peter Coaldrake AO and Dr David Solomon AM. Journalist Madonna King will lead the panel discussion. Live stream: www.ustream.tv/channel/the-edge-external-events

28 September 2017 We encourage all Australians to explore their Right to Know. Take a moment to discover the importance of government held information, and support its use as a national resource.

#RTK2017 oaic.gov.au/rtkday

Sunshine and rain on Right to Know Day

Right to Know Day 28 September- great to see traffic on the twitter feeds including plenty from Australia at #RighttoKnow

While observance has been trending in the right direction in recent years, its another step in the right direction given Right to Know Day often passed virtually unnoticed here.

Something positive from the highest levels of government on the importance of the right to know would be a welcome development but alas..

So too, with three ministers in New York last week, an Australian presence at the Fifth Anniversary Celebration of the Open Government Partnership would have indicated strong interest and commitment as well.

Alas again....

Further rain amid the sunshine:
 The Center for Law and Democracy in Toronto and Access Info Europe used the occasion to publish an updated Global Right to Information Rating, analysing the quality of the world's access to information laws.

The Australian legislative framework (the Federal Freedom of Information Act) comes in 56 of 111 rated, down four places since the previous assessment.

Mexico tops the list, and of particular interest UK 33, NZ 40, Canada 48 and USA 55.

Among the eye raisers, Russia 34, China 80, Japan 90, France 94, Germany 105 and Austria 111.

You can quibble with some of the scoring in the Australian assessment where we receive 83 points of a possible 150-in a few areas the assessor in my opinion has been off the money -  but  overall the act, hailed in its time in 1982 as up there with the best, is no better these days on these criteria than middle of the pack.

That's before attention to matters beyond the scope of the rating including

• outdated features of the act that reflect the 70s rather than the twenty teens, for example one of many, Section 17,

• recommendations to address weaknesses and enhance the law and practice arising from reviews including the Hawke report , the Australian Law Reform Commission and the Australian Information Commissioner (and loads more suggestions from outside government),

• the Office of Australian Information Commissioner first under threat of closure, then the government's failure to fill positions established by Parliament or fully fund the FOI watchdog role and the office information policy functions,

• the 'tone at the top'  as a result of the absence of positive leadership and support for transparent accountable government at the same time as senior public servants speak out critical of the law generally ('very pernicious') and about its impact on their capacity to do their job, 

• the interpretation and practical application of the law in some agencies that give rise to the epithet 'freedom from' rather than 'freedom of' information. Sarah Gill of The Age on Fairfax Media yesterday in "Have we reached peak secrecy?" pulled together some examples, arguing

"Despite the Turnbull government's professed enthusiasm for transparency and accountability, (ie membership of the OGP) this year – marked by a shroud of secrecy over border protection, the targeting of whistleblowers, and the intransigence of the Attorney-General around the release of his diary – could well be the low point for open government in Australia since Freedom of Information laws were introduced three decades ago."

Andrew Dyson SMH

Peak Secrecy? Give hope a chance?
Despite the validity of the examples cited and others that could be added, there are plenty of contenders for the 'peak secrecy' award over the last thirty years that IMO, would beat out the 15 months of the Turnbull era on display so far. The implacable attachment to the conclusive ministerial certificate during the Howard years and the eleven years it managed to ignore any positive reform for example.

As I commented at the six month mark, the record of the Turnbull government suggests hope as well as disappointment.

Six months on, membership of the Open Government Partnership, the yet to be completed National Action Plan of commitments to reform, and the Prime Minister's endorsement of the goals of the OGP as consistent with "Australia's long and proud tradition of open and transparent government" gives hope some chance.

Voice Up: Right to Know Day 28 September

Australia’s State and Commonwealth Information Commissioners have joined together to promote their commitment to the importance of Open Government and the right to access government-held information and data on International Right to Know Day, 28 September 2016.

The right to information and our ongoing commitment to Open Government is a cornerstone of modern democratic society.
Right to Know Day is an opportunity to encourage the public sector and the community at large to think about exploring the possibilities of Open Government. When done well it increases access to information and data which results in better and more responsive services to the community, as well as increased accountability and the promotion of public participation in government decision-making.
We are pleased to come together to promote the importance of this message and we invite all members of the Australian community to join us in celebrating Right to Know Day on 28 September 2016.

Co-signed by:
Sven Bluemmel, Western Australian Information Commissioner
Richard Connock, Tasmania's Ombudsman
Michael Ison, Acting Victorian Freedom of Information Commissioner
Timothy Pilgrim, PSM, Acting Australian Information Commissioner
Rachael Rangihaeata, Queensland Information Commissioner
Elizabeth Tydd, NSW Information Commissioner and Open Data Advocate.
 
SOLOMON LECTURE: This year, Queensland's annual Solomon Lecture will be the centrepiece of the Right to Know campaign. The Lecture will be live-streamed on Right to Know Day, 28 September 2016. The lecture topic is "Collaboration in Place: The central role of information and data in securing Queensland's future prosperity", presented by Professor Anne Tiernan, Director of the Policy Innovation Hub at Griffith University.
Watch the event live online (9am) @ www.ustream.tv/channel/the-edge-external-events or register to be in the audience at the State Library of Queensland, Stanley Place, Southbank @ https://2016solomonlecture.eventbrite.com.au

If you are in Sydney celebrate at the monthly OpenAustralia Foundation Pub Meetup Tuesday 27 September Upstairs at Trinity Bar 505 Crown St Surry Hills from 6.30 pm.

Cheers!!

Right to Know-worldwide any questions?

A Right to Know Day panel that includes me (under my Twitter handle FOIGuru) is happy to respond to any questions about right to know, information access and related questions on Reddit. 

But at 11.30pm local time in Sydney, with 28 September drawing to a close here as other parts of the world awake, I'll chime in with my take in the morning. Good night all.

Right to Know Day insights into international best practice tools for open government

IFLA

On Right to Know Day  NSW Information Commissioner Elizabeth Tydd released a report by Professor Anita Stuhmcke of the University of Technology, Sydney commissioned by the IPC that provides an insight into the types of practical mechanisms utilised in selected international jurisdictions to promote open government through information sharing and citizen engagement. 

Despite the title
"Advancing the objects of the Government Information (Public Access) Act 2009 (NSW): an international comparative evaluation of measures used to promote government information release" 
the report is relevant anywhere policy makers (hopefully) and advocates (certainly) are wrestling with the challenge of how to encourage proactive release of government information.

From the Executive Summary

SECTION 3: The Concept of Open Government: History and challenges
"This report bases its findings upon the three characteristics of open government as defined by the Organisation for Economic Co-operation and Development (OECD): transparency, accessibility, and responsiveness. Proactive release of government information is a critical plank in building these characteristics.

In Australian jurisdictions there are cultural and organisational barriers to information release. These barriers have become increasingly evident due to the rapidly changing context within which the promotion of government information sharing occurs. Technology has heightened expectations as to efficient release and effective use of government data. However as technology continues to drive change to governance models the government response can be characterised as slow and uncoordinated. In Australia macro and micro policy reform has not grappled with information sharing between agencies nor adequately addressed existing barriers to information release from government agencies to the public. This approach seems set to continue."

(Comment: Is that noise in the background Prime Minister Turnbull coming down the corridor to set the situation right ?)

SECTION 4: Leading International Jurisdictions: How open government should look
"The open government movement is global. Public data is big business and promises a new model of democratic interaction between citizen and government. In 2011 the international Open Government Partnership (OGP) was launched as an initiative by 8 founding governments. Today this includes 65 countries. This report identifies the governments which lead the international open government rankings. The United Kingdom is typically identified as the world leader in this area. The report then uses these comparative jurisdictions to identify:
(a) three switches to encourage inter-agency information sharing (see Section 5); and
(b) eight practical mechanisms to encourage proactive government information release to the public (see Section 6)."

(Comment: PM Turnbull-a great week to end years of dithering and commit Australia to continuing as a member of the Open Government Partnership?

SECTION 5: Encouraging information release in open government: Strategic tangible mechanisms to promote information sharing by government agencies
"In Australia the closed government culture is a barrier to open data policy. This section identifies three switches to overcome the behavioural/oganisational issues which prevent information sharing:
Switch 1
Legislative/structural features that build success: promoting a model of proactive agency information sharing
Best practice UK regulatory model that facilitates exchange of data between agencies (Data Protection Principles and Data Sharing Code of Practice)
Switch 2
Promoting proactive release of government data across organisational walls: Recognise and reward the individual
Promote agency Open Data Champions; individual data release prizes and challenges; and identify agency data ‘boundary spanners’
Switch 3
Build inter-agency trust: the use of soft regulation
Adopt UK ‘Personal Information Promise’; investigate multi-agency models; develop feedback loops on information sharing."

(Comment: follow the UK lead where the legal requirements for data sharing are legally enforceableby the ICO.)

 SECTION 6: Encouraging information release in open government: Strategic tangible mechanisms to promote information release by government to the public
"This project approaches the sharing of government information between agencies and release of government information to the public as initiatives which involve more than putting government data on the Internet. The eight mechanisms identified in Section 6 are:
Mechanisms to promote transparency:
1: Democratize information sharing through using Games Contests, App development and Hackathons (Civic Hacking) to crowd source ideas and promote government information release
2: Measure government performance and encourage citizen rankings
Mechanisms to promote accessibility:
3: Select policy area as the moderator for transparency and usage by combining a bottom-up and top-down approach to select specific data sets for release
4: Use non-government platforms to promote government information
5: Promote republishing and re-using government data
Mechanisms to promote responsiveness:
6: Integrate citizens, consumers and non-government organisations into policy making
7: Ensure sustainable change through the integration of “ecosystems” of key actors
8: Encourage production of government information through individual citizen contributions."

(Comment: law review is also necessary - to broaden pro-active publication requirements to reflect 21st century public expectations, and modernise freedom of information still stuck in a 1980s paper world in some jurisdictions. (NSW and Queensland better than the rest but statutory reviews in both states, conducted largely behind closed doors, have disappeared into government black holes.) And ensure there is a clear leader and advocate, and an oversight body with resources and clout to make things happen)

(Good on SBS, BTW). Addendum; So too 612 ABC Brisbane)

Right to Know Day 28 September 2015

Right to Know Day or Week is coming your way next week if you are in 40 countries around the world that celebrate it and here at least in NSW and Queensland thanks to information commissioners in both states.

Queensland's Right to Know Day theme this year is ’A right to information. Play your part.’ Yesterday Emeritus Professor Richard Mulgan  played his part delivering the Annual Solomon Lecture which I'll read with interest

In NSW the Information Commissioner announced a "proactive campaign to encourage public sector agencies, universities and regional councils to champion open government and spread the message of proactive release of information to their stakeholders and communities."

I'll be an interested listener at the “Switch on Open Government in NSW” event on 29 September, where a panel will "examine the barriers to information sharing and showcase tangible manifestations of Open Government in achieving better service delivery through information access, increased accountability, and increased citizen input to government service delivery and policy development."

Australia's efforts are not quite up there with the citizen centric celebration of Right to Know elsewhere but hey, small steps, long journey.

Right to Know day, week whatever.

Right to Information Day in Queensland on 24 September and not just a day but Right to Know Week in NSW 28 September-5 October. 

Celebrate, dance in the street, make a fuss.

Right to Know Day

Flikr-Eric the Fish

Dancing in the street on 28 September to celebrate the annual International Right to Know Day isn't quite the go hereabouts - and those in the picture were busy celebrating some other occasion in any event.

But the Office of Australian Information Commissioner supported it, the Information and Privacy Commission (NSW) updated a factsheet (hey, every little helps) and the Office of the Information Commissioner (Queensland) again organised the annual Solomon Lecture, this year by Griffith University’s Professor Anna Stewart, 'Finding Gold in Mountains of Administrative Data' introduced by Police Commissioner Ian Stewart with some remarks about the Queensland Crime Map.

Dancing- one of these years!

Sunshine Week- a great idea still to hit our shores

It's that time of the year - well it is next week - when the US open government community, led and co-ordinated by the Association of Newspaper Editors and the Reporters Committee for Freedom of the Press demonstrate the importance of open transparent government through Sunshine Week publicity and events.

I've been lamenting for years the absence here of a Knight Foundation to fund the start up, and a formidable team with a shared interest, prepared each year to invest time and resources to help build public awareness of the importance of the right to know. For everyone, not just the media.

 Three years ago, the coalition of media groups Australia's Right to Know organised a conference in Sydney on FOI reform, but hasn't repeated it. Or at any stage reached out to partners who might share an interest in open, participatory government. Despite the great name, ARTK's focus has been on media not citizen interests. And it's maintaining a very low profile - the last addition to published submissions on its website was in October 2009  and to the media releases list, in May 2010

By happenstance I'll be in Washington next week, attending a couple of events and renewing some contacts.

While the Queensland Information Commissioner has organised three Right to know days and the NSW Commissioner is talking about a Sydney event later this year, oh for a local equivalent of a group like these Sunshine Week partners:

American Library Association ♦ Association of Alternative Newsweeklies ♦ Association of American Editorial Cartoonists ♦ Center for Democracy & Technology ♦ Center for Public Integrity ♦ Center for Responsive Politics ♦ Collaboration on Government Secrecy ♦ Electronic Frontier Foundation ♦ First Amendment Center ♦ Investigative News Network ♦ League of Women Voters ♦ Media Law Resource Center ♦ National Association of Broadcasters ♦ National Conference of Editorial Writers ♦ National Freedom of Information Coalition ♦ National Newspaper Association ♦ National Press Club ♦ National Security Archive ♦ Newspaper Association of America ♦ OMB Watch ♦ Online News Association ♦ Openthegovernment.org ♦ Patch ♦ Project on Government Secrecy ♦ Project on Government Oversight ♦ Radio Television Digital News Association ♦ Society of Professional Journalists ♦ Student Press Law Center ♦ Sunlight Foundation ♦ Sunshine in Government Initiative

Conferences calling

I will be in Brisbane next Monday and Tuesday attending Right to Know Day functions, so look forward to catching up with Queensland readers in attendance.

iappANZ’s one-day conference, “Silver Lining: The Privacy Umbrella of Cloud Computing” will be held in Sydney on 30 November.

The 2010 Conference of the CMCL–Centre for Media and Communications Law University of Melbourne Law School on 25-26 November, includes a number of interesting sessions including this one to be chaired by Moira Paterson of Monash University:

2.00 - 3.30pm - Regulatory Approaches

Room 108

Andrew Stewart, Adrian Lawrence and Alison Manvell (Baker & McKenzie)

Regulating Content by Platform – Reconsidering Traditional Approaches

Helen Versey and Anthony Bendall (Privacy Victoria)

Privacy and the Media

John McMillan AO (Australian Information Commissioner)

Office of the Australian Information Commissioner

The 1st Global Conference on Transparency Research "to bring together leading scholars from throughout the world to collectively advance our understanding of the impact and implications of transparency policies that involve governments, either directly or indirectly" has issued a call for papers. The conference will be held at Rutgers University 19-20 May 2011. Australian institutions are missing from the impressive list of international sponsors although Rick Snell of the University of Tasmania is a member of the Advisory Committee.

Queensland in the lead with RTI day plans

The Office of the Queensland Information Commissioner has announced the program for the 2010 Right to Information Day in Brisbane, including the second annual Solomon Lecture on 27 September, and a Forum the next day featuring a range of speakers including Beth Noveck (Leader of President Obama's open government reforms), Dr Nicholas Gruen (Chair of Government 2.0 Taskforce) and others in what will be a good program and important event. Let's hope commissioners and other interested parties around the country pick up on opportunities to promote awareness of information rights in this way.  We need more public space and fora to encourage discussion and debate about what works and isn't working in the pursuit of open and accountable government.

Queensland marks Right to Know Day

Tomorrow 28 September is International Right to Know Day in some parts of the world, and usually passes largely unnoticed in this neck of the woods, so congratulations to the Queensland Information Commissioner for organising in the morning the first Solomon Right to Information breakfast featuring Dr Solomon, chair of the FOI Review panel that got things moving there, on the Right to Information Act " How we will know when we've succeeded." That map needs a little flag in the upper right hand side of Australia from here on, and maybe more to follow.