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1.
James Lowry is the Deputy Director of the International Records Management Trust (IRMT). He was the lead researcher on the Aligning Records Management with ICT/e-Government and Freedom of Information in East Africa project, conducted by the IRMT from 2009 to 2011, with funding from the International Development Research Centre.

Freedom of Information (FOI) regimes can only be effective if government records are managed well. This article sets out the findings of research conducted in Kenya, Uganda and Tanzania to establish the level of alignment between those governments’ FOI aspirations and their records management readiness for FOI. The article sets out a high-level regulatory framework for the effective management of government records in the ICT/e-government and FOI environments to highlight areas that could be addressed, in order to prepare for FOI in the three countries.  相似文献   

2.
In many democratic states political rhetoric gives weight to increasing public participation in and understanding of the political process; (re)-establishing public trust in government decision making; increasing transparency, openness, and accountability of public authorities; and, ultimately, improving government decision-making on behalf of citizens. Access to the public record and freedom of information (FOI) are mechanisms which help to facilitate the accountability of public authorities. Many jurisdictions have introduced legislation related to these mechanisms, and the UK government is no exception with its enactment of the Freedom of Information Act (FOIA) in 2000. University College London (UCL) ran a research project over 12 months in 2008–2009, funded by the UK Arts and Humanities Research Council. The research project examined what the impact of the UK FOIA had been on records management services in public authorities, especially local government. This article reports on some of the findings of the study. It considers how FOI compliance and records management functions are organized in local government and the role of information governance which is emerging as an umbrella for such functions. It draws some conclusions about the contributions that records management services make to the ability of local authorities to comply with the FOIA and identifies some ways in which user experience may be affected by the management of records.  相似文献   

3.
In South Africa, freedom of information (FOI) is entrenched in section 32 of the Constitution, which guarantees every citizen the right of access to any information held by the state or by any other person that is to be used for the protection or exercise of any right. The Promotion of Access to Information Act (PAIA) is the law that gives effect to section 32 of the Constitution. Regardless of a remarkable trend towards the adoption of FOI laws, international trends have shown this does not automatically translate into fulfilment of people's right to information. This study utilised mixed method research through the explanatory sequential design to assess compliance with FOI legislation by public bodies in South Africa, with a view to develop a model for implementation of FOI. The study first conducted a quantitative study by analysing the reports of the South African Human Rights Commission from the reporting years 2006/07 to 2016/07 to assess compliance with sections 14, 15, 16, 17 and 32 of the PAIA. Thereafter, a qualitative study through interviews with purposively chosen participants was conducted to substantiate the findings of a quantitative study. Key results suggest that over the years, there were problems in the implementation of the FOI legislation in South Africa and its use was limited. Where implementation has taken place, it has been partial and inconsistent. The responsibility for the implementation of FOI legislation in most public bodies is assigned to legal departments that do not have knowledge of what records are created, and where and how they are kept. With regard to compliance, in terms of the degree of comparison, the situation was better in national departments, worse in provincial departments and worst in municipalities. The study recommends the establishment of an information governance unit to implement FOI in public bodies. Failure to assign responsibility to a relevant unit would perpetuate the non-compliance with FOI legislation by public bodies in South Africa. A model for the implementation of PAIA within a public body is suggested.  相似文献   

4.
The UK Parliament passed the Freedom of Information Act (FOIA) in November 2000 after 3 years of government White Papers, consultation papers, and various Bills. The author served as special adviser to the House of Commons Select Committee on Public Administration which oversaw the Government proposals for legislation and the progress of the Bill into the House of Commons. The FOIA introduced pro-active publication of information via Publication Schemes, which were introduced on a staggered basis across the public sector and on January 1, 2005, rights of individual access were granted to individuals. The Act covers well over 100,000 public authorities in the UK and includes both Houses of Parliament. There is a power to add private bodies to the Act's coverage. The Act covers UK, English, Welsh, and Northern Irish public authorities. Scotland has its own FOIA which was enacted by the Scottish Parliament in 2002. The paper will examine the operation of the UK legislation and the role of the Information Commissioner and the Information Tribunal which deal with complaints of refusal and appeals respectively. The jurisprudence has been voluminous and now the English courts are beginning to hear appeals from the tribunal. The article will examine the major trends of the legislation and the problems presented by the legislation. The Government has already issued vetoes under the Act overriding the Commissioner's decision to grant access to the Cabinet papers relating to the Cabinet discussion on entering into war with Iraq and then on devolution of power to Scotland, Northern Ireland, and Wales. The decisions to open up the files on MPs expenses have caused one of the major constitutional crises in the UK in the last 75 years. As well as examining the way the Act has been interpreted, the author will essay some preliminary analyses of the impact of the Act on the realization of government objectives in passing the Act. The FOIA does sit alongside other legislation allowing access to personal files and access to environmental information and the whole information debate is set in the context of heightened sensitivity and secrecy in time of the war on terror and the state's increasing capacity to demand, store, and share information. The UK experience of the information debate will be examined.  相似文献   

5.
6.
This paper aims to study FOI publicity implementation patterns by Italian municipalities' (>30,000 inhabitants). The analysis relies on data collected through an original survey of the municipalities' websites. Data allow inspecting the information that local governments disclose about the procedures for the presentation of FOI requests and how the FOI requests received in the past were managed. Cluster analyses reveal that the municipalities are rather heterogeneous in managing FOI publicity. Some of them provide full disclosure of relevant information; instead, others show non-compliance with the guidelines issued by the Italian central government. Regression analyses suggest that municipalities' size and income positively correlate with more elevated publicity. Civic capital is also positively connected with information about the procedures for presenting FOI requests. Factors affecting the demand for information about FOI, such as education and access to the internet, do not seem to be linked with publicity patterns.  相似文献   

7.
The 5-year period between 1933 and 1938 represents a critical juncture in the history of advertising. It was during this period, and only during this period, that Congress formally considered exactly what should be the role of advertising in our society and how it should be regulated. In this article, I chronicle some of the main issues and developments behind the struggle over the crafting and passing of legislation for the regulation of advertising that took place in the 1930s. I discuss how the Tugwell bill (S. 1944, 1934), a radical measure drafted with consumer protection in mind, evolved into the Wheeler-Lea Act of 1938, a law that rendered such protection virtually painless from advertisers' perspective. Noting that the Wheeler-Lea Act, after more than 6 decades, is still the major law on advertising regulation, the article points to some of its modern implications and evaluates its current value.  相似文献   

8.
Based on an original database on votes in non-unanimous decisions (n = 502) in an independent administrative tribunal resolving Freedom of Information (FOI) cases between 2009 and 2017 in Chile, this research tests whether partisanship and ideology explain judges' decisions on administrative information disclosure. We specify a logistic model with pairs cluster bootstrapped t-statistics to account for votes nested in judges and calculate correcting standard errors. The study indicates that when appointing FOI judges close to their parties, politicians cannot count with responsive same party judges to rule in their favor when resolving FOI disputes. Nonetheless, ideology is a strong predictor of judges' decisions when resolving FOI disputes related to privacy and commercial secrets. In doing so, the study enhances our understanding of the behavior of administrative judges working in agencies in charge of controlling the government and sheds light on the role of ideology on adjudication in FOI disputes -an area of law barely explored empirically.  相似文献   

9.
Since its introduction, the Journal Impact Factor has probably been the most extensively adopted bibliometric indicator. Notwithstanding its well-known strengths and limits, it is still widely misused as a tool for evaluation, well beyond the purposes it was intended for. In order to shed further light on its nature, the present work studies how the correlation between the Journal Impact Factor and the (time-weighed) article Mean Received Citations (intended as a measure of journal performance) has evolved through time. It focuses on a sample of hard sciences and social sciences journals from the 1999 to 2010 time period. Correlation coefficients (Pearson's Coefficients as well as Spearman's Coefficients and Kendall's τα) are calculated and then tested against several null hypotheses. The results show that in most cases Journal Impact Factors and their yearly variations do not display a strong correlation with citedness. Differences also exist among scientific areas.  相似文献   

10.
China has adopted a push model of Freedom of Information (FOI) legislation that emphasizes proactive disclosure of government information. This differs from a pull model that stresses citizen-initiated access or reactive disclosure. The push model of FOI legislation, which has reduced the importance of access requests in China, grew out of its local causes. However, the degree of push or proactive disclosure under China's current FOI Regulations is undermined by several factors, including a limited access mechanism, broad and vague exemptions, and the omission of the maximum disclosure principle.  相似文献   

11.
信息获取权利:政府信息公开的法理基础   总被引:2,自引:0,他引:2  
《世界人权宣言》第19条所确立的信息权利可以派生出信息获取权利,这是一种新的信息权利。信息获取权利是各国政府信息公开立法的基础。有两种不同的信息权利:信息生产者或拥有者的信息权利和信息使用者的信息权利,信息公开立法主要依据第二种。保障公民信息获取权利是公共图书馆制度和政府信息公开制度的共同基础。  相似文献   

12.
A substantial amount of freedom of information research exists, though a majority is focused on U.S. laws' outcomes and FOI's shortcomings. But little is known about who makes requests and why requests are made in the United States. The exploratory study addresses these gaps via a nationally representative survey across key demographic variables of 1116 U.S. residents. Analysis found advanced education to be a strong, positive predictor of FOI familiarity and request submission. Malegender and a belief that FOI improves government accountability were also found to be significant predictors of FOI knowledge and use. The survey sampled U.S. residents, but the results may have international application and suggest continued research on who uses FOI laws and why.  相似文献   

13.
State and local governments play an important, and growing, role in everyday lives. The exploratory study positions FOI laws as a central mechanism in providing transparency to these more proximate governments. It is premised on a FOI audit, or field experiment, of 1002 requests across 9 U.S. state laws and 334 jurisdictions. The sample represents a broad cross-section of geographic, demographic and political variables, and the study analyzes these variables predictive and correlative value in determining outcomes, timeliness and communication in FOI requests. The results suggest significance in race and political variables in FOI outcomes and processes. The study's strongest finding was the influence of geographic location, namely the central South of the United States, and its considerable effect on FOI compliance.  相似文献   

14.
Last year the author wrote about the U.K.’s plans to embrace Freedom of Information (FOI) legislation after a quarter of a century of campaigns for such legislation by the Labor Party. The Bill has now been presented to Parliament and has been amended by government to meet some objections. It is still widely criticized, however. The FOI Bill is also one of several measures that relate to openness in contemporary aspects of British government.  相似文献   

15.
Abstract

Librarians with an interest in electronic reserves were, for the most part, disappointed by The Technology, Education and Copyright Harmonization Act (TEACH Act). The Act provided classroom instructors with relatively clear guidelines as how they could use copyrighted materials online classes without violating the law. Mention of libraries, however, was conspicuously absent and the Act offered no direct guidance for what sort of library materials could be placed on the Internet. The guidance it offers though is more indirect. It gives some sense of how the legislative branch views the rights and responsibilities of educators in the use of online materials. It will offer guidance to the judiciary when, inevitably, a copyright dispute involving electronic reserves ever goes to court. It is important that librarians understand the TEACH Act and what it meansto education.  相似文献   

16.
Sian Barber 《Media History》2018,24(1):99-114
This article explores the relationship between the British Board of Film Classification (BBFC) and government during the implementation of the Video Recordings Act (VRA). It considers the public Parliamentary debates about the VRA, and places them alongside private correspondence between the Home Office and the BBFC, and internal BBFC material from the recently catalogued James Ferman papers held at the BFI. As well as exploring the introduction of the VRA, this article also aims to briefly consider its implications for the BBFC, how they set about interpreting and implementing its stringent recommendations and how this impacted upon the organisational working practices of the Board. While the VRA was without doubt one of the most significant pieces of legislation within the history of film regulation in Britain, the time is ripe for its reappraisal and with it a re-evaluation of the role played by the BBFC in securing statutory regulatory powers.  相似文献   

17.
Despite long-standing claims to democracy, Britain has an unenviable reputation for secrecy and no Freedom of Information Act. However, in 1993, the government introduced a nonjusticiable Code of Practice on Access to Government Information, the limitations of which are explored in this article.A specific aspect of government control of information recently under the spotlight is the use by government ministers of Public Interest Immunity (PII) Certificates to deny litigants access to government documents in the course of proceedings. The use by Ministers of this power formed part of the terms of reference for the recent Scott Report into the export of defense-related equipment to Iraq, the relevant parts of which are reviewed.The article concludes that recent developments have not remedied the situation relating to access to information in Britain, the norm remaining one of secrecy rather than openness, and that the use of PII certificates exemplifies the resulting fragility of mechanisms for executive accountability.In the United Kingdom (UK) today the executive branch of government alone determines what official information should be disclosed to the public and the legislature, to whom the executive is nominally responsible. The UK is a very secretive society.1  相似文献   

18.
Performance measurement and communicating about it with the broader public is not self-evident if one looks at public services organizations (Hernon, P., 1998. The government performance and results act. Government Information Quarterly, 15: 153–156). In Belgium and the Netherlands, one organization that has been under constant surveillance from its stakeholders is the railroad company. Originally a national public service, it has changed through a European directive to operate in a liberalized transportation market. In this paper, we present the results of a qualitative study into what the Belgian and Dutch railway companies measure about their performance towards travelers, how they measure it, and specifically how they communicate it to their employees and stakeholders. Although we might expect the Dutch railway company (NS) to be more transparent than the Belgian railway company (NMBS/SNCB), in reality the two organizations do not differ that much from each other.  相似文献   

19.
This review aims to capture projects, services, and approaches that are being used to ensure student success and sustainability across the stages (or transitions) of the student experience of higher education, where these extend the traditional role of the library, in the UK and internationally. The article examines why the student journey (and supporting it) has become a central part of the contemporary academic library's repertoire. Fundamentally, through a student lifecycle perspective the author will attempt to show how academic libraries contribute to their university's bottom line? Finally, the article will reflect on strategic implications and areas for further investigation.  相似文献   

20.
In election times, political parties promise in their manifestos to pass reforms increasing access to government information to root out corruption and improve public service delivery. Scholars have already offered several fascinating explanations of why governments adopt transparency policies that constrain their choices. However, knowledge of their impacts is limited. Does greater access to information deliver on its promises as an anti-corruption policy? While some research has already addressed this question in relation to freedom of information laws, the emergence of new digital technologies enabled new policies, such as open government data. Its effects on corruption remain empirically underexplored due to its novelty and a lack of measurements. In this article, I provide the first empirical study of the relationship between open government data, relative to FOI laws, and corruption. I propose a theoretical framework, which specifies conditions necessary for FOI laws and open government data to affect corruption levels, and I test it on a novel cross-country dataset. The results suggest that the effects of open government data on corruption are conditional upon the quality of media and internet freedom. Moreover, other factors, such as free and fair elections, independent and accountable judiciary, or economic development, are far more critical for tackling corruption than increasing access to information. These findings are important for policies. In particular, digital transparency reforms will not yield results in the anti-corruption fight unless robust provisions safeguarding media and internet freedom complement them.  相似文献   

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