Open government

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Open government is the governing doctrine which holds 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 Enlightenment: to debates about the proper construction of a then nascent democratic society.

Components[edit]

See also Accountability

The concept of Open Government is broad in scope but is most often connected to ideas of government transparency and accountability. One definition, published by The Quality of Government institute at the University of Gothenburg, limits government openness to information released by the government, or the extent to which citizens can request and receive information that is not already published.[2] 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.[3]

The 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.[4]

History[edit]

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.[3]

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.[5]

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.[6][7] The passage of formal legislature can also be traced to this time with Sweden, for example, (which then included Finland as a Swedish-governed territory) enacting free press legislation as part of its constitution (Freedom of the Press Act, 1766).[8]

Influenced by Enlightenment thought, the revolutions in America (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 Bentham, Mill and 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, dating the origins of its modern provisions to the eighteenth century 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).

Current policies[edit]

See also Freedom of information laws by country

Africa[edit]

See also Access to Information in South Africa

Morocco’s new constitution of 2011, outlined several goals the government wishes to achieve in order to guarantee the citizens right to information.[9] 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.[10]

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.[11]

Asia[edit]

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.[12]

The Philippines passed the Freedom of Information Order in 2016, outlining guidelines to practice government transparency and full public disclosure.[13] In accordance to 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.

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.[14] 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.[15][16]

Europe[edit]

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 and since then further emphasis has been placed on measuring the performance of government agencies.[17]

North America[edit]

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.[18] 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.[19] Movements for government transparency in recent American 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.[20]

South America[edit]

Since the early 2000s, transparency has been an important part of 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.[21] Chile published its open government action plan for 2016-18 as part of its membership of the Open Government Partnership (OGP).[22]

Arguments for and against[edit]

Transparency in government is often credited with generating government accountability, which supporters argue leads to reduction in government corruption, bribery and other malfeasance.[23] Some commentators contend that an open, transparent government allows for the dissemination of information, which in turn helps produce greater knowledge and societal progress.[23]

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.[24] According to the Carnegie Endowment for International Peace, greater citizen participation in government is linked to government transparency.[25]

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.[26][27]

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.

Critics of government transparency argue that transparency leads to government indecision, poor performance and gridlock.[28] David Frum writes in an article for the Atlantic, “instead of yielding more accountability, however, these reforms [transparency reforms] have yielded more lobbying, more expense, more delay, and more indecision.”[29] Jason Grumet argues that government officials cannot properly deliberate, collaborate and compromise when everything they are doing is being watched.[30]

Additionally, open government initiatives may raise privacy concerns. In her article, Teresa Scassa outlines three main possible privacy challenges. First, 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.[31]

There is also concern for protecting citizens' privacy so they are not exposed to "adverse consequences, retribution or negative repercussions"[1] from information provided by governments.

A number of scholars have questioned the moral certitude behind much transparency advocacy, questioning the foundations upon which advocacy rests. They have also highlighted how transparency can support certain neoliberal imperatives.[32]

Technology and open government[edit]

See also Open Data

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,[33] 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.[34] OGD principles require that data is complete, primary, timely, accessible, machine processable, non-discriminatory, non-proprietary, and license free.[35]

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.[36]

Organizations[edit]

  • Open Government Partnership - OGP was an organization launched in 2011 to allow domestic reformers to make their own governments across the world more open, accountable, and responsive to citizens. Since 2011, OGP has grown to 75 participating countries today whose government and civil societies work together to develop and implement open government reforms.[37]
  • Code for All - Code for All is a non-partisan, non-profit international network of organizations who believe technology leads to new opportunities for citizens to lead a more prominent role in the political sphere and have a positive impact on their communities. The organizations relies on technology to improve government transparency and engage citizens.[38]
  • Sunlight Foundation - The Sunlight Foundation is a nonprofit, nonpartisan organization founded in 2006 that uses civic tech, open data, and policy analysis to make information from government and politics more transparent to everyone. Their ultimate vision is to increase democratic participation and achieve changes on political money flow and who can influence government. While their work began with an intent to focus only on the US Congress, their work now influences the local, state, federal, and international levels.[39]
  • Open Government Pioneers UK is an example of a civil society led initiative using open source approaches to support citizens and civil society organisations use open government as a way to secure progress towards the Sustainable Development Goals. It uses an Open Wiki to plan the development of an open government civil society movement across the UK's home nations.[40]

See also[edit]

References[edit]

  1. ^ a b Lathrop, Daniel; Ruma, Laurel, eds. (February 2010). Open Government: Transparency, Collaboration and Participation in Practice. O'Reilly Media. ISBN 978-0-596-80435-0. 
  2. ^ https://qog.pol.gu.se/digitalAssets/1418/1418047_2012_16_bauhr_grimes.pdf
  3. ^ a b Yu, Harlan; Robinson, David G. (February 28, 2012). "The New Ambiguity of 'Open Government'". UCLA L. Rev. 59. SSRN 2012489Freely accessible. 
  4. ^ "Open Government". 
  5. ^ von Dornum, Deirdre Dionysia (June 1997). "The Straight and the Crooked: Legal Accountability in Ancient Greece". Columbia Law Review. 97. JSTOR 1123441. 
  6. ^ Jurgen Habermas, The Structural Transformation of the Public Sphere (1962, trans., Cambridge Massachusetts, 1989)
  7. ^ Reinhart Koselleck, Critique and Crisis (1965, trans., Cambridge Massachusetts, 1988)
  8. ^ Lamble, Stephen (February 2002). Freedom of Information, a Finnish clergyman’s gift to democracy. 97. Freedom of Information Review. pp. 2–8. Archived from the original on 2010-10-01. 
  9. ^ "Morocco's Constitution of 2011" (PDF). 
  10. ^ "Renewed Support for Morocco's Goal to Make Government more Accountable to Citizens". worldbank.org. October 22, 2015. 
  11. ^ "The Constitution of Kenya" (PDF). 
  12. ^ Tseng, Po-yu; Lee, Mei-chun. "Taiwan Open Government Report". 
  13. ^ "Executive Order No. 02" (PDF). 
  14. ^ "Kalpavriksh". Kalpavriksh.org. 2018. 
  15. ^ Singh, Shekhar (2010). The Genesis and Evolution of the Right to Information Regime in India (PDF). New Delhi. 
  16. ^ Madhavan, Esha. "Revisiting the making of India's Right to Information Act: The Continuing Relevance of a Consultative and Collaborative Process of Lawmaking Analyzed from a Multi-Stakeholder Governance Perspective" (PDF). Berkman Center for Internet & Society at Harvard University. 
  17. ^ Meijer, Albert (January 7, 2015). "Government Transparency in Historical Perspective: From the Ancient Regime to Open Data in The Netherlands". International Journal of Public Administration. 38: 189–199. 
  18. ^ Obama, Barack (January 21, 2009). "Memorandum -- Transparency and Open Government". obamawhitehouse.archives.gov. Retrieved May 2, 2018. 
  19. ^ Pyrozhenko, Vadym (June 2–4, 2011). "Implementing Open Government: Exploring the Ideological Links between Open Government and the Free and Open Source Software Movement" (PDF). Syracuse University. Retrieved October 24, 2016. 
  20. ^ Relyea, Harold C.; Kolakowski, Michael W. (2007). "Access to Government Information in the United States" (PDF). 
  21. ^ Guillán, Aránzazu (2015). "Open government and transparency reform in Chile: Balancing leadership, ambition and implementation capacity". U4 Report; Chr. Michelsen Institue. 
  22. ^ "Chile Open Government Action Plan 2016-2018" (PDF). www.ogp.com. Retrieved May 3, 2018. 
  23. ^ a b Schauer, Frederick (2011), "Transparency in Three Dimensions" (PDF), University of Illinois Law Review, 2011 (4): 1339–1358, retrieved 2011-10-16 
  24. ^ "Transparency and Open Government". The White House. Archived from the original on 2016-12-15. Retrieved 2016-12-16. 
  25. ^ Carothers, Thomas. "Accountability, Transparency, Participation, and Inclusion: A New Development Consensus?". Carnegie Endowment for International Peace. Retrieved 2016-12-16. 
  26. ^ J. Michael, The Politics of Secrecy: Confidential Government and the Public's Right to Know (London, 1990)
  27. ^ A.G. Theoharis, ed., A Culture of Secrecy: the Government Versus the People's Right to Know (Kansas, 1998)
  28. ^ Bass, Gary; Brian, Danielle; Eisen, Norman (November 2014). "Why Critics of Transparency are Wrong". www.brookings.edu. 
  29. ^ Frum, David (September 2014). "The Transparency Trap". theatlantic.com. Retrieved May 2, 2018. 
  30. ^ Grumet, Jason (October 2, 2014). "When sunshine doesn't always disinfect the government". washingtonpost.com. Retrieved May 2, 2018. 
  31. ^ Scassa, Teresa (June 18, 2014). "Privacy and Open Government". Future Internet. ISSN 1999-5903. 
  32. ^ Garsten, C. (2008), Transparency in a New Global Order:Unveiling Organizational Visions, Edward Elger 
  33. ^ "Open Government Data". oecd.org. Retrieved May 2, 2018. 
  34. ^ Scassa, Teresa (June 18, 2014). "Privacy and Open Government". Future Internet. Future Internet. Retrieved October 25, 2016. 
  35. ^ Gomes, Alvaro; Soares, Delfina (October 2014). "Open government data initiatives in Europe: northern versus southern countries analysis". ICEGOV '14 Proceedings of the 8th International Conference on Theory and Practice of Electronic Governance: 342–350. 
  36. ^ Giordano Koch & Maximilian Rapp: Open Government Platforms in Municipality Areas: Identifying elemental design principles, In: Public Management im Paradigmenwechsel, Trauner Verlag, 2012.
  37. ^ "Open Government Partnership". Open Government Partnership. Retrieved 2016-12-16. 
  38. ^ "Code for All". Code for All. Retrieved 2016-12-17. 
  39. ^ "Sunlight Foundation". Sunlight Foundation. Retrieved 2016-12-17. 
  40. ^ "Open Government Pioneers UK". Opengovpioneers. Retrieved 2017-05-21. 

Further reading[edit]

External links[edit]