Open government

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Open government is the governing doctrine which maintains that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. [1] In its broadest construction, it opposes reason of state and other considerations which have tended to legitimize extensive state secrecy. The origins of open-government arguments can be dated to the time of the European Age of Enlightenment, when philosophers debated the proper construction of a then nascent democratic society. It is also increasingly being associated with the concept of democratic reform. [2] The United Nations Sustainable Development Goal 16 for example advocates for public access to information as a criterion for ensuring accountable and inclusive institutions. [3]

Contents

Components

The concept of open government is broad in scope but is most often connected to ideas of government transparency, participation and accountability. Transparency is defined as the visibility and inferability of information, [4] accountability as answerability and enforceability, [5] and participation is often graded along the "ladder of citizen participation." [6] Harlan Yu and David G. Robinson specify the distinction between open data and open government in their paper "The New Ambiguity of "Open Government". They define open government in terms of service delivery and public accountability. They argue that technology can be used to facilitate disclosure of information, but that the use of open data technologies does not necessarily equate accountability. [7]

The Organisation for Economic Co-operation and Development (OECD) approaches open government through the following categories: whole of government coordination, civic engagement and access to information, budget transparency, integrity and the fight against corruption, use of technology, and local development. [8]

History

The term 'open government' originated in the United States after World War II. Wallace Parks, who served on a subcommittee on Government Information created by the U.S. Congress, introduce the term in his 1957 article "The Open Government Principle: Applying the Right to Know under the Constitution". After this and after the passing of the Freedom of Information Act (FOIA) in 1966, federal courts began using the term as a synonym for government transparency. [7]

Although this was the first time that 'open government' was introduced the concept of transparency and accountability in government can be traced back to Ancient Greece in fifth century B.C.E. Athens where different legal institutions regulated the behavior of officials and offered a path for citizens to express their grievances towards them. One such institution, the euthyna, held officials to a standard of "straightness" and enforced that they give an account in front of an Assembly of citizens about everything that they did that year. [9]

In more recent history, the idea that government should be open to public scrutiny and susceptible to public opinion dates back to the time of the Enlightenment, when many philosophes made an attack on absolutist doctrines of state secrecy. [10] [11] The passage of formal legislature can also be traced to this time with Sweden, (which then included Finland as a Swedish-governed territory) where free press legislation was enacted as part of its constitution (Freedom of the Press Act, 1766). [12]

Influenced by Enlightenment thought, the revolutions in United States (1776) and France (1789), enshrined provisions and requirements for public budgetary accounting and freedom of the press in constitutional articles. In the nineteenth century, attempts by Metternichean statesmen to row back on these measures were vigorously opposed by a number of eminent liberal politicians and writers, including Jeremy Bentham, John Stuart Mill and John Dalberg-Acton, 1st Baron Acton.

Open government is widely seen to be a key hallmark of contemporary democratic practice and is often linked to the passing of freedom of information legislation. Scandinavian countries claim to have adopted the first freedom of information legislation[ citation needed ], dating the origins of its modern provisions to the eighteenth century[ citation needed ] and Finland continuing the presumption of openness after gaining independence in 1917, passing its Act on Publicity of Official Documents in 1951 (superseded by new legislation in 1999).

An emergent development also involves the increasing integration of software and mechanisms that allow citizens to become more directly involved in governance, particularly in the area of legislation. [13] Some refer to this phenomenon as e-participation, which has been described as "the use of information and communication technologies to broaden and deepen political participation by enabling citizens to connect with one another and with their elected representatives". [14]

Current policies

Africa

Morocco's new constitution of 2011, outlined several goals the government wishes to achieve in order to guarantee the citizens right to information. [15] The world has been offering support to the government in order to enact these reforms through the Transparency and Accountability Development Policy Loan (DPL). This loan is part of a joint larger program between the European Union and the African Development Bank to offer financial and technical support to governments attempting to implement reforms. [16]

As of 2010, section 35 of Kenya's constitution ensures citizens' rights to government information. The article states "35.(1) Every citizen has the right of access to — (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom ... (3) The State shall publish and publicize any important information affecting the nation." Important government data is now freely available through the Kenya Open Data Initiative. [17]

Asia

Taiwan started its e-government program in 1998 and since then has had a series of laws and executive orders to enforce open government policies. The Freedom of Government Information Law of 2005, stated that all government information must be made public. Such information includes budgets, administrative plans, communication of government agencies, subsidies. Since then it released its open data platform, data.gov.tw. The Sunflower Movement of 2014, emphasized the value that Taiwanese citizens place on openness and transparency. A white paper published by the National Development Council with policy goals for 2020 explores ways to increase citizen participation and use open data for further government transparency. [18]

The Philippines passed the Freedom of Information Order in 2016, outlining guidelines to practice government transparency and full public disclosure. [19] In accordance with its General Appropriations Act of 2012, the Philippine government requires government agencies to display a "transparency seal" on their websites, which contains information about the agency's functions, annual reports, officials, budgets, and projects. [20]

The Right to Information (RTI) movement in India, created the RTI law in 2005 after environmental movements demanded the release of information regarding environmental deterioration due to industrialization. [21] Another catalyst for the RTI law and other similar laws in southeast Asia, may have been due to multilateral agencies offering aid and loans in exchange for more transparency or "democratic" policies. [22] [23]

In October 2023, Iranian government publicly opposed measure "tritary branches of judiciary, executive, legislative transparency program". The transparency law never passes after nine months as judiciary and state did not consent. [24] [25] The government has the Iranfoia website for requests. [26]

Europe

Welsh Government Health Minister, Vaughan Gething representing the government in February 2021 at a COVID-19 press conferences. All government videos are uploaded on open licences (CC-BY-SA and OGL).

In the Netherlands, large social unrest and the growing influence of televisions in the 1960s led to a push for more government openness. Access to information legislation was passed in 1980; since then, further emphasis has been placed on measuring the performance of government agencies. [27]

Transparency as a legal principle underpins European Union law, for example in regard to the quality of the drafting of legislation, [28] and as a principle to be exercised within government procurement procedures. European law academics argued in 2007 that a "new legal principle", transparency, might be emerging "in gestation" within EU law. [29]

The government of the Netherlands adopted an Open Government in Action (Open overheid in actie) Plan for 2016–2017, which outlines nine concrete commitments to the open government standards set by the OECD. [30]

Since 2018, in Wales, the Welsh Government has funded the training of Wikipedia skills in secondary schools, as part of the Welsh Baccalaureate and uses an open licence on all published videos and other content.

North America

In 2009, President Obama released a memorandum on transparency and open government and started the Open Government Initiative. In his memorandum put forward his administration's goal to strengthen democracy through a transparent, participatory and collaborative government. [31] The initiative has goals of a transparent and collaborative government, in which to end secrecy in Washington, while improving effectiveness through increased communication between citizens and government officials. [32] Movements for government transparency in recent United States history started in the 1950s after World War II because federal departments and agencies had started limiting information availability as a reaction to global hostilities during the war and due to fear of Cold War spies. Agencies were given the right to deny access to information "for good cause found" or "in the public interest". These policies made it difficult for congressional committees to get access to records and documents, which then led to explorations of possible legislative solutions. [33]

Latin America

Since the early 2000s, transparency has been an important part of Latin America's efforts to professionalize government and fight corruption. All countries in the region have enacted freedom of information laws, beginning with Mexico, Peru, and Panama in 2002. [34] [35] Chile's Anti-Corruption and Probity Agenda and State Modernization Agenda. In 2008, Chile passed the Transparency Law has led to further open government reforms. [36] Chile published its open government action plan for 2016–18 as part of its membership of the Open Government Partnership (OGP). [37]

Transparency

Overview

Transparency has been described as the visibility and inferability of information, defined by complete and findable information, which leads to accurate conclusions. [4] It has two principal manifestations, monitoring transparency and consultation or collaboration transparency. It holds importance in more modern discussions because of its presence in new public management. [38] For transparency to work, the idea goes beyond government involvement and must include public trust. Transparency in government has three main aspects. First, budgetary information must be viewable by the public. Second, there must be an effective way to make and enforce laws. [38] Last, non-government organizations and a form of independent media must be at the center for public use. [38] With transparency, there are also factors for data disclosure, such as timeliness, quality, and access and visibility. [39] Data disclosure is important for transparency because it increases public understanding of governmental practices and is the goal of open government. However, there are arguments for both sides of transparency that must be considered.

Arguments for and against

For transparency

Transparency in government is often credited with generating government accountability, which supporters argue leads to reduction in government corruption, bribery and other malfeasance. [40] This is mentioned later and discussed as accountability with transparency. Some commentators contend that an open, transparent government allows for the dissemination of information, which in turn helps produce greater knowledge and societal progress. [40] Organizations supporting transparency policies such as the OECD and the Open Government Partnership claim that open government reforms can also lead to increased trust in government, [41] [42] although there is mixed evidence to support these claims, with increased transparency sometimes leading to reduced trust in government. [43] [44] [45] [46] [47]

Public opinion can also be shifted when people have access to see the result of a certain policy. The United States government has at times forbid journalists to publish photographs of soldiers' coffins, [48] an apparent attempt to manage emotional reactions that might heighten public criticism of ongoing wars; nonetheless, many believe that emotionally charged images can be valuable information. Similarly, some opponents of the death penalty have argued that executions should be televised so the public can "see what is being done in their name and with their tax dollars." [49]

Government transparency is beneficial for efficient democracy, as information helps citizens form meaningful conclusions about upcoming legislation and vote for them in the next election. [50] According to the Carnegie Endowment for International Peace, greater citizen participation in government is linked to government transparency. [51]

Advocates of open government often argue that civil society, rather than government legislation, offers the best route to more transparent administration. They point to the role of whistleblowers reporting from inside the government bureaucracy (individuals like Daniel Ellsberg or Paul van Buitenen). They argue that an independent and inquiring press, printed or electronic, is often a stronger guarantor of transparency than legislative checks and balances. [52] [53]

The contemporary doctrine of open government finds its strongest advocates in non-governmental organizations keen to counter what they see as the inherent tendency of government to lapse, whenever possible, into secrecy. Prominent among these NGOs are bodies like Transparency International or the Open Society Institute. They argue that standards of openness are vital to the ongoing prosperity and development of democratic societies.

Against transparency

Government indecision, poor performance and gridlock are among the risks of government transparency, according to some critics. [54] Political commentator David Frum wrote in 2014 that, "instead of yielding more accountability, however, these reforms [transparency reforms] have yielded more lobbying, more expense, more delay, and more indecision." [55] Jason Grumet argues that government officials cannot properly deliberate, collaborate and compromise when everything they are doing is being watched. [56] A randomized controlled trial conducted with 463 delegates of the National Assembly of Vietnam showed that increased transparency of the legislative proceedings, such as debates and query transcripts, curtailed delegates activity in the query sessions, avoiding taking part in activities that could embarrass leaders of the Vietnamese regime. [57]

Privacy is another concern. Citizens may incur "adverse consequences, retribution or negative repercussions" [1] from information provided by governments. Teresa Scassa, a law professor at the University of Ottawa, outlined three main possible privacy challenges in a 2014 article. First is the difficulty of balancing further transparency of government, while also protecting the privacy of personal information, or information about identifiable individuals that is in the hands of the government. Second is dealing with distinctions between data protection regulations between private and public sector actors because governments may access information collected by private companies which are not controlled by as stringent laws. Third is the release of "Big data", which may appear anonymized can be reconnected to specific individuals using sophisticated algorithms. [58]

Intelligence gathering, especially to identify violent threats (whether domestic or foreign), must often be done clandestinely. Frum wrote in 2014 that "the very same imperatives that drive states to collect information also require them to deny doing so. These denials matter even when they are not believed." [59]

Moral certitude undergirds much transparency advocacy, but a number of scholars question whether it is possible for us to have that certitude. They have also highlighted how transparency can support certain neoliberal imperatives. [60]

Concerns have also been raised in the election administration community about the use of excessive Freedom of Information Act requests as a tactic of election deniers to disrupt the functioning of local and county election offices. Often unreasonably broad, repetitive, or based on misinformation, the high volume of requests has led to what a Colorado official said amounts to "a denial-of-service attack on local government." Local election officials in Florida and Michigan have reported spending 25-70% of staff time in recent years on processing public records requests. [61]

A review of recent state laws by the Center for Election Innovation & Research found at least 13 states that have sought to protect election staff from the abuse of FOIA requests in several ways, such as creating publicly accessible databases that do not require staff assistance and giving election staff the authority to deny unreasonable or clearly frivolous requests. [61]

Accountability

Accountability in Open Government

Accountability focuses on promoting transparency and allowing the public to understand the actions of their government. [62] Public officials are expected to share details about how public resources are used and what their objectives are. [39] Accountability in open government reduces corruption and increases transparency. However, it is important to note that there is transparency with and without accountability in open government. Transparency without accountability is often more difficult to monitor and there is less responsibility needed from the government. Transparency with accountability has proven to be more effective as a trustworthy relationship can be built between government agencies and people governed by them. [62] The argument with or without transparency was mentioned previously and highlights major issues such as losing governmental trust or privacy issues with accountability. Some governments have created portals in order to allow people to see critical data and improve accountability and transparency. [39] Not all data released on these portals is relevant and easily accessible meaning transparency is not always easily attainable. For example, Given the criteria for valuable information, governments should look for quality, completeness, timeliness, and usability when releasing important information that shows transparency and supports accountability. [39]

Relationship between transparency and accountability

Accountability in open government establishes the presence of transparency within governments. [38] Accountability and transparency work to promote open government in democracies. Through organizations such as the Open Government Partnership (OGP) within the United States, which was established by the U.S. Department of State, there have been efforts to enhance democracies through both accountability and transparency. [62] These efforts reach beyond the scope of North America and even into some Latin American and Asian countries. Promoting open government in Latin American countries has increased public trust and reduced corruption. [63] Latin American countries were among those included in the OGP plan promoted by the United States in the Obama Administration. [63] Additionally, in Asia, there has been a push towards right to information (RTI) to help build accountability. [64] However, these measures in countries have shown open government measures are not one size fits all. They can fail and have to be tweaked for each region and there must be awareness from the public to demand accountability to ensure they receive it from the government. [64]

Most of the relationship helps strengthen transparency in governments through the means of accountability. [38] Transparency acts as the vision for open government, allowing the public to have quality access to government records and data. [65] This open access forces governments to be more accountable as they cannot hide corruption with transparency. There can be transparency without accountability, which allows the government to choose which data is of significant value to be released to the public. [66] This does not solve the lack of accountability and highlights the necessity of transparency with accountability. With both transparency and accountability, there must be regulations in place to make agencies justify why they are relinquishing certain information along with strict enforcement to ensure all transparency measures are fulfilled. [67]

Technology and open government

Governments and organizations are using new technologies as a tool for increased transparency. Examples include use of open data platforms to publish information online and the theory of open source governance.

Open government data (OGD), a term which refers specifically to the public publishing of government datasets, [68] is often made available through online platforms such as data.gov.uk or www.data.gov. Proponents of OGD argue that easily accessible data pertaining to governmental institutions allows for further citizen engagement within political institutions. [69] OGD principles require that data is complete, primary, timely, accessible, machine processable, non-discriminatory, non-proprietary, and license free. [70]

Public and private sector platforms provide an avenue for citizens to engage while offering access to transparent information that citizens have come to expect. Numerous organizations have worked to consolidate resources for citizens to access government (local, state and federal) budget spending, stimulus spending, lobbyist spending, legislative tracking, and more. [71]

Organizations

See also

Related Research Articles

Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

As an ethic that spans science, engineering, business, and the humanities, transparency is operating in such a way that it is easy for others to see what actions are performed. Transparency implies openness, communication, and accountability.

Openness is an overarching concept that is characterized by an emphasis on transparency and collaboration. That is, openness refers to "accessibility of knowledge, technology and other resources; the transparency of action; the permeability of organisational structures; and the inclusiveness of participation". Openness can be said to be the opposite of closedness, central authority and secrecy.

<span class="mw-page-title-main">Freedom of information</span> Freedom of a person or people to publish and consume information

Freedom of information is freedom of a person or people to publish and have access to information. Access to information is the ability for an individual to seek, receive and impart information effectively. As articulated by UNESCO, it encompasses

"scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".

Independent media refers to any media, such as television, newspapers, or Internet-based publications, that is free of influence by government or corporate interests. The term has varied applications.

<span class="mw-page-title-main">Open data</span> Openly accessible data

Open data are data that are openly accessible, exploitable, editable and shareable by anyone for any purpose. Open data are generally licensed under an open license.

<span class="mw-page-title-main">Constitution of Kuwait</span> Fundamental law of Kuwait

The Constitution of Kuwait was created by the Constitutional Assembly in 1961–1962 and signed into law on 11 November 1962 by the Emir, the Commander of the Military of Kuwait Sheikh Abdullah III Al-Salim Al-Sabah.

<span class="mw-page-title-main">Open Government Initiative</span>

The Open Government Initiative is an effort by the administration of President of the United States Barack Obama to "[create] an unprecedented level of openness in Government." The directive starting this initiative was issued on January 20, 2009, Obama's first day in office.

<span class="mw-page-title-main">Open Government Partnership</span>

The Open Government Partnership (OGP) is a multilateral initiative aimed at securing commitments from national and sub-national governments to promote open government, combat corruption, and improve governance. The OGP is managed by a steering committee that includes representatives from both governments and civil society organizations.

<span class="mw-page-title-main">Ghana Open Data Initiative</span> Government agency

Ghana Open Data Initiative (GODI) was started in January 2012 by the National Information Technology Agency (NITA) in partnership with the Web Foundation (WF), to make Government of Ghana data available to the public for re-use. The establishment of GODI is meant to promote efficiency, transparency and accountability in governance as well as to facilitate economic growth by means of the creation of Mobile and Web applications for the Ghanaian and world markets. The project was scheduled for completion in 2014 and aimed to create a sustainable Open Data ecosystem for Ghana. GODI was launched with a 100 data sets categorized as political, legal, organizational, technical, social or economic. The vision of GODI is to develop an open data community involving the Government of Ghana, civil society organizations, industry, developer communities, academia, media practitioners, and the citizenry, to interact with one another with the aim of developing an open data portal to bring about transparency, accountability and efficiency in government.

A Lobby Registry, also named Lobbyist Registry, Register for Lobby Transparency or Registry of Lobbyists is a public database, in which information about lobbying actors and key data about their actions can be accessed.

<span class="mw-page-title-main">Institute for Development of Freedom of Information</span> Non-governmental organization in Georgia

The Institute for Development of Freedom of Information (IDFI) - is a Georgian non-governmental organization which tends to support the development of an informed and empowered society for democratic governance. IDFI promotes human rights and good governance by raising civic awareness through sound informational reports, research and recommendations; Advocates for initiating & implementing reforms of policies, laws and practices to enhance democratic governance.

<span class="mw-page-title-main">Access to public information in Europe</span> Public access to information maintained by government agencies in Europe

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Data politics encompasses the political aspects of data including topics ranging from data activism, open data and open government. The ways in which data is collected, accessed, and what we do with that data has changed in contemporary society due to a number of factors surrounding issues of politics. An issue that arises from political data is often how disconnected people are from their own data, rarely gaining access to the data they produce. Large platforms like Google have a "better to ask forgiveness than permission" stance on data collection to which the greater population is largely ignorant, leading to movements within data activism.

Open by Default, as widely used in the contexts of Open Government and Open Data, is the principle in which government makes its data accessible to the public by default, unless there is a sufficient justification to explain that greater public interest may be at stake, as a result of disclosure. Since the principle empowers the public's right to know and capacity to oversee government activities, it is closely associated with government transparency, civic engagement, and e-governance in organizing public life. In many cases, the principle is accompanied with the technological commitment to create "metadata standardization for all datasets, publication of a machine-readable data catalogue or inventory of both released and to-be released datasets ... (and) use of open licenses."

Anti-corruption comprises activities that oppose or inhibit corruption. Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general distinction between preventive and reactive measures is sometimes drawn. In such framework, investigative authorities and their attempts to unveil corrupt practices would be considered reactive, while education on the negative impact of corruption, or firm-internal compliance programs are classified as the former.

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Further reading