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5 October 2011
20/20 Vision: Can freedom of
information be future- proofed?
A/Prof Moira Paterson,
Faculty of Law, Monash University
Outline
• Fundamental objectives of FOI laws
• Addressing the key ways in which FOI regimes
may be undermined
– Reductions in the quantity and quality of
information that is available for access and
publication
– Changes which diminish their reach
– Changes which negatively affect FOI constituencies
Objectives
• Generally democratic and participatory in their
focus
• Can also be justified on fiduciary basis
• Need to set these out as clearly and
unambiguously as possible and make clear that
the Act is to be administered in a way in which
promotes disclosure (or to have statement of
availability)
Addressing factors that undermine
• Focus on factors capable of being addressed via design.
– Reductions in the quantity and quality of information that is available for access and publication
– Changes which diminish their reach
– Changes which negatively affect user-constituencies
Reductions in the quantity and quality of
information that is available
• Generally apply to “documents” so affected by changes
that reduce permanent recording or quality of
information recorded.
• Affected by fiscal measures and avoidance strategies
used to minimise exposure to requirements to disclose
information that may be contentious or embarrassing.
• Need to focus on the interrelationship between FOI
and public records laws or integrate FOI and
information policy management.
Changes which diminish their reach
• Ongoing wave of public restructuring has led to
reduced government sector and outsourcing of
government functions.
– Need to develop criterion-based rules for inclusion.
• Allowing other interests to trump FOI access via
specific or secrecy laws which take precedence
– Need to draft exemptions to ensure that they
provide sufficient protection and principle-based
system for determining the scope of secrecy
provisions.
28-Sep-11
Changes which negatively affect user-constituencies
• General
– Provide for active championship
– Remove disincentives for openness
• Media
– Timely and inexpensive access
• General public
– Push model
– Harness IT
28-Sep-11
Advantages of push model
• Push provides an opportunity to make information
available more directly to the general public so as to
provide a more balanced and complete picture about
government operations and removes cost disincentives
for information access.
• Depending on how it is configured, it allows for more
effective searching and location of relevant data.
• Research suggests that support for access and the use
of the internet for gathering information are positively
related.
28-Sep-11
Innovative proactive disclosure
examples • Data.gov sites - developed in US and adopted in other
countries-
– facilitate access to and searches of government
datasets; and
– Provide searchable catalogues of information and a
range of applications, including include widgets,
gadgets, tools and RSS feeds.
• WhatDoTheyKnow.com - provides an online facility
for making FOI requests and then makes that
information available for use by others.
28-Sep-11
Re-engaging the young
• Internet is accessible, familiar and does not require
them to change their habits.
• Research suggests online communication “correlates
strongly, significantly and robustly with online political
participation”.
• However, young people do not necessarily use the
Internet in the same way as older users - eg, they
expect more interactivity.
28-Sep-11
Conclusion
• To design a future-proof FOI law depends on our
answer to the question what it is that we desire to
preserve into the future.
• Cannot ignore significance of the political environment
but design is still important.
• Arguably too, what it absolutely vital for effective
future-proofing is to ensure the effective use of
technology.
28-Sep-11
