Information Disclosure Policy: A Toolkit for Pacific Governments (July 2006)
### MODEL INFORMATION DISCLOSURE POLICY All Pacific countries face different operating contexts, such that it is not possible to develop a one-size-fits-all Model Information Disclosure Policy (IDP). Any Policy will need to be contextualised to take account of local issues. This Model IDP is designed as a basic framework which can be used as an initial template for National IDPs throughout the Pacific. The Policy starts from a premise of maximum disclosure, subject to key exceptions to protect the national interest. It then sets out a number of areas where the government will need to target specific resources in order to get information flows moving. Care has been taken to design the Policy to minimise the need for new human and financial resources, in recognition of the fact that many Pacific countries are already stretched implementing a range of reform programmes. Nonetheless, it is unavoidable that there will be some resource implications in bedding down the new Policy. Throughout the Model IDP, certain key concepts are highlighted in bold text. This indicates that the issue is discussed in more detail in the Explanatory Notes. Readers using the on-line version of the Toolkit can click on these terms and will jump directly to the Explanatory Note. The Explanatory Notes explain each key concept and suggest some additional issues which will need to be considered when the Policy is being modified for domestic use. When reading these sections, officials are encouraged to ask themselves: "What do I need to do in practice to ensure that the public can more easily access information that they need?" Introduction: A commitment to open government The importance of information disclosure to good governance and sustainable development has been recognised by national governments and international organisations around the world. A high level of transparency directly facilitates public participation and government accountability. Openness supports equitable economic growth and foreign investment. It also cements public trust in government and reduces the feelings of exclusion which often contribute to conflict. Access by the public to information held or generated by the Government will facilitate the transparency, accountability, legitimacy, and the local ownership of our activities. Taking account of the many benefits of open government, this Information Disclosure Policy (IDP) sets out a long-term plan for moving from an information poor to an information rich society over time. It covers the period from [2007-2017]. This timeline recognises that the process of building an information society will require ongoing commitment. The Policy has been designed to maximise scarce resources. The Government has been careful to ensure that this Policy is realistic and capable of implementation, taking into account limited financial and human resources. The Government wishes to send a strong message to donors that information disclosure is a key element of the Government development programme and should be prioritised for support accordingly. The Policy clarifies existing disclosure practices, for the benefit of officials and the public. It also establishes a basic framework for requesting, releasing and publishing information. The Policy also highlights key areas where more work needs to be done to move the country towards the overall goal of an effective access to information regime. Over time, the Government will ensure that new or revised government policies will explicitly include a consideration of how information disclosure can be more effectively promoted in specific sectors. All government policies need to make sure to exploit opportunities to promote information disclosure and dissemination. Coverage of the policy In recognition of the Government's resource constraints, this Policy has adopted a phased approach to implementing full information disclosure. In the early stages of implementation, the focus will be on those bodies which are most central to the country's proper functioning. In the first [3 years] of the Policy (Phase 1), the bodies covered by the Policy include: the office of the Head of State, Ministers, ministerial advisors, parliament, parliamentary committees, all government departments (at all levels, including central, provincial and district level offices), all bodies created by the Constitution or by statute, the police service, the armed services, the prisons service, the courts administration, [and the Ombudsman, Auditor-General, Accountant-General, any government anti-corruption/watchdog agency]. At the end of [Year 3] of the Policy (Phase 2), a review will be conducted to assess whether any additional bodies which receive public funds should be covered by the Policy. Responsible officers The [insert title of responsible Minister] is responsible for overseeing the implementation of this Policy. The Minister will identify [insert number - at least 1] officials who will be responsible for overseeing the day to day implementation of the Policy. This IDP Implementation Unit will be responsible for providing practical guidance and advice to officials working at the department level to implement the Policy. The IDP Implementation Unit will develop a detailed Action Plan for the first [3 years] of the Policy within [2 months] of approval of the Policy. The IDP Implementation Unit will also establish: An IDP Advisory Group consisting of the departmental officials responsible for implementation, which will meet [fortnightly] to discuss progress and problems and exchange ideas, best practice and lessons learned. An IDP Stakeholders Group consisting of civil society and media representatives and key officials, which will meet [monthly] to discuss progress and problems. The [Head] of each body covered by the Policy will have primary responsibility for ensuring that this Policy is implemented within their organisation. This responsibility may be delegated to Departmental Information Officers (DIOs) as appropriate. DIOs will assist individuals seeking to obtain information, assist officials to process requests for information, receive individual complaints regarding the performance of the public body relating to information disclosure, promote best practices within the organisation in relation to information management, monitor implementation and collect statistics for reporting purposes. Presumption of disclosure This Policy commits the Government to the principle of maximum disclosure. This means that officials will approach information creation, management and disclosure issues with the presumption that disclosure will be allowed, unless the release of information would be genuinely likely to cause harm to one of the key interests listed in paragraph 14 below and there is no overriding public interest reason in favour of disclosure. The Government is committed to ensuring that information which if released could harm the country is protected. To this end, in accordance with this Policy officials may withhold information in the following situations: Where disclosure would be reasonably likely to cause serious harm to national security, international relations, the national economy; Where disclosure would be reasonably likely to cause serious prejudice to the effective formulation, development or delivery of government policy. Where disclosure would be reasonably likely to cause serious prejudice to the investigation or prosecution of a crime or the ability to conduct a fair trial, would constitute a contempt of court, is forbidden to be published by a court or tribunal or would facilitate an escape from legal custody; Where disclosure would constitute a breach of legal professional privilege or any other fiduciary relationship recognised by statute; Where disclosure would endanger the health or safety of any natural person; Where disclosure would seriously prejudice the legitimate commercial or competitive position of the organisation or a third party or cause unfair gain or loss to any person or the information was obtained in confidence from a third party and it contains a trade secret protected by law; Where disclosure would constitute an unreasonable invasion of privacy of a person who is not a government official or where the information is about a government official but has no relation whatsoever to their official position or duties; Each case must be considered on its merits and the public interest in disclosure and secrecy must be weighed up. Where considering what is in the public interest, officials will prioritise the need to: promote accountability of Ministers and public authorities to the public; ensure that the expenditure of public funds is subject to effective oversight; promote informed public debate and effective public participation in the making and administration of the laws and policies of the country; keep the public adequately informed about the existence of any danger to public health or safety or to the environment; ensure the protection of human rights and the prosecution of violations; ensure that any statutory authority with regulatory responsibilities is adequately discharging its functions. Where a public official, acting in good faith, misapplies this Policy and releases information which should have been kept secret, that official will not be prosecuted and will be protected from any liability or disciplinary action. Although the Official Secrets Act (OSA) remains in force, this Policy recognises that in reality in [insert country name] today, the OSA requires updating and is only to be used in the most extreme cases to prosecute only the most serious breaches of secrecy which would cause substantial harm to national security. The [IDP Implementation Unit/Attorney-General's Office/ Law Reform Commission] will review existing secrecy laws and rules to ensure that they are consistent with this Policy. The [IDP Implementation Unit/Attorney-General's Office/ Law Reform Commission] will publish a report on this work within [18 months] of this Policy being adopted, and the report will be submitted to Parliament for consideration. Amendments or additional clarification orders/circulars will be issued as necessary. Although paragraph 14 of this Policy provides general protection against information disclosures which could cause an unwarranted invasion of privacy, this Policy does not address privacy issues in detail. The Government recognises that privacy issues need to be dealt with as a priority to ensure that personal information collected and/or held by private bodies and/or the Government is accurate, is properly handled and cannot be misused by government officials, private bodies or other members of the public. The [IDP Implementation Unit/Attorney-General's Office/Law Reform Commission] will be tasked with examining privacy issues and providing recommendations to ensure appropriate protections are in place, and will submit a report on their findings to Parliament for consideration within [18 months] of this Policy being adopted. At that time, consideration will be given to amending this Policy and/or developing a separate policy or legislation to appropriately deal with privacy issues. Ensuring information is accessible by all All information will be published and disseminated taking into consideration local languages, available infrastructure and the most effective local modes of communication, taking into special account the limited literacy in some areas. Government bodies will develop effective dissemination strategies which use a range of communication options, such as notice boards, newspapers, television, radio, village announcements, posters, the internet, inspection at local government offices and other means. The Government will use existing government networks more effectively to disseminate information to the public under this Policy. The [insert title of responsible Minister] and the IDP Implementation Unit will liaise with other government departments to assess what networks are available and how they can be utilised to better share information with communities. Particular attention will be paid to developing strategies to disseminate information to rural areas, including through existing radio networks and local government offices. The [IDP Implementation Unit / responsible Minister] will publish a progress report on progress made with this work each year for the first [insert number of years] following the adoption of this Policy. The Government will also work with existing community networks to ensure the better dissemination of government information throughout the country, and in particular in rural areas. The [insert title of responsible Minister] and the IDP Implementation Unit will in the first instance rely on the IDP Stakeholders Group for advice and ideas. Government websites will be more effectively utilised as a public communications tool. Although internet infrastructure is relatively limited, the Government recognises that the internet can be developed over time into a more effective information dissemination tool. Proactive disclosure: by the Executive/bureaucracy The Government is keen to use information disclosure to empower citizens to re-engage with governance and development activities. To this end, this Policy commits the Government to more regular publication and active dissemination of information (referred to as "proactive disclosure"). Proactive disclosure by the bureaucracy will be used as a key mechanism for communicating with the public and promoting open government. [All government bodies] covered by the Policy will be required, within the first [4 months] of the Policy being approved, to publish - at a minimum, on the government website, and on their own website if they have one - the following: A statement of the department's mandate and key areas of work, including services provided by the department if any; A chart and/or list setting out the department's organisational structure, including: - A directory of the all officers, at least to the level of Section Head (or equivalent), including the total number of staff in each department broken down by levels, and the pay scales applicable to each level; - A description of the powers and duties of senior officers and the procedure to be followed in making decisions; A list of the types/categories of information/records the organisation holds and publishes and the procedure to be followed in obtaining information (which will be developed over time) The department's annual budget, including: - A breakdown by programme/project as appropriate to the department - Regularly updated reports (quarterly if possible) about the disbursement of the Budget; - The results of any audits and corresponding departmental explanations; Speeches made by the responsible Minister and press releases; Policy documents, including drafts for public comment where appropriate; Quarterly and annual reports, where produced; The services offered, schemes run, programmes managed and/or projects being implemented, including: - Copies of all contracts held in electronic form, in particular the name of the contractor, scope of services, the amount, including payment schedules and criteria for payment; the period within which the contracts must be completed and arrangements for penalties due from both parties if the contract is not adhered to (and all future contracts must provide for an electronic copy to be created); - Copies of all policies, guidelines, rules and forms (and all future documents of this type must provide for an electronic copy to be created); Mechanisms for citizen participation, where they exist, including complaints mechanisms, information regarding public consultations, open meetings of committees and councils and any other opportunities for the public to participate in policy-making. The [Treasury Department] will also be required, within the first [4 months] of the Policy being approved, to publish - on the government website and via newspapers and on the radio - simple budgetary updates, including information on national and local budgets, and [quarterly] updates on expenditures and revenues. The [Treasury Department] will also publish information about overseas development assistance receipts, including what money is being provided by what donors for what projects/programmes. This information will be presented in a simple format which is easy for laypeople to understand. The [Electoral Commission/Attorney General's Department] will also be required, within the first [4 months] of the Policy being approved, to publish electoral information, including: Publishing on the government website, all laws, rules and guidelines relating to elections, including information on nominating for elections and conducting elections; Publishing on the government website and via newspapers and on the radio, details of all donations to parliamentarians, political parties, and government officials, including the name of the donor, the amount and the date. Ensuring that all electoral rolls are open for inspection and will be provided to members of the public upon request. The IDP Implementation Unit will work to ensure that the information in paragraphs 24-26 will be disseminated broadly, in accordance with the commitment in paragraphs 19-22 to ensuring maximum accessibility for all people. Information will need to be updated at least every [3 months], although some information may need to be updated even more regularly if it is to be useful to the public. Proactive disclosure: by Parliament The Government supports better information disclosure by Parliament and will provide at least [1 dedicated computer with internet and email facilities and a printer] for the use of parliamentarians. The Government encourages all Members of Parliament to use these resources both to inform themselves and disseminate key information to their constituents. The Government will ensure that the [Clerk of Parliament/Law Office] has access to a computer with internet and email facilities and a printer to enable the Clerk to fulfil his/her duties to print, circulate and publish Bills, draft Rules, final legislation and final regulations. The [Clerk of Parliament/Law Office] will ensure that at least one copy of all Bills, draft Rules, final legislation and final regulations is kept either in his/her office or the parliamentary library for inspection by parliamentarians and members of the public. The IDP Implementation Unit will work with the [Clerk of Parliament/Law Office] to ensure that all Bills, draft Rules, final legislation and final regulations are published on the government website. This information will also be disseminated more broadly, in accordance with the commitment in paragraphs 19-22 to ensuring maximum accessibility for all people. Disclosing information upon request This Policy recognises that the public can access all different types of government information, including files, reports, opinions, memos, emails, internal departmental notes, submissions, briefings, videos, tapes, databases, samples and models. This Policy empowers any member of the public to request copies of information and/or inspection of information. Under this Policy, requesters may also request to inspect public works and can obtain samples from public works. Where people want to access information which has already been published, government officials will advise requesters where the information can be found, and assist them to access a copy if resources permit. People may also request access to information which has not already been published. Government officials will accept requests for information from any member of the public, in writing, by fax, by email, by telephone or in person and in any of the languages spoken in the country. The requester does not need to provide a reason to justify their request. The request should identify a contact person, contact details (mailing address, phone/fax number or email), a clear description of the information requested (specified as much as possible by reference to relevant dates, places, topics, etc), the form the information is needed in and the date the request is being submitted. Upon receiving a request, the official will put a date stamp on the written request. Where no date stamp is evident, the requester will be given the benefit of the doubt if there is a disagreement about the date the request was submitted. If an application is made to the wrong organisation, officials should promptly transfer it to the organisation which holds the information and notify the requester of the transfer immediately. In relation to processing requests: Where the request is sent by post, it will be addressed to the head of the office it is being sent to. The head of the office will then process the request him/herself or forward it to a delegate to process (for example, the DIO). Where the request is received orally, the official will write down the request and provide a copy to the requester for their records. The official will then promptly forward the request to the head of that office or a DIO if one has been appointed in his/her office, who will be responsible for processing the request. Where the request is submitted in person or by email, the official who receives the request will promptly forward the request to the head of that office or a DIO if one has been appointed in his/her office, who will be responsible for processing the request process it him/herself. Bodies covered by the Policy will provide requesters with the information requested within 30 days, unless there are good reasons for non-disclosure on the basis of any of the grounds set out in paragraph 14 above and after considering the public interest in disclosure of the information. This 30 day period starts on the date the request is first received, even if it is later transferred to another organisation. All officials will do their utmost to work with requesters to provide them with the information, in a form that they can understand. Illiterate, sensorily disabled and/or handicapped people should be assisted to understand any information they are given. Where a requester asks for help understanding a document, officials will use their best endeavours to provide assistance. If the request is for so many documents that the relevant official is having trouble processing the request, he/she must discuss the request with the requester and with the DIO or the Head of Department, as appropriate, to decide how to proceed. Within the 30 days time limit, the official will need to contact the requester and explain any delay and provide a reasonable alternate date for providing the information, of not more than 60 days from the date of the request. Where the request is approved, the official will contact the requester as soon as possible (by registered letter, telephone, fax or email) and advise when, from whom, where and how the requester can access the information. Every requester shall receive a response to their request. - [Where the information is for a document of more than [25 pages], the requester may be asked to pay a fee equivalent to the actual cost of copying the information. - Where the information is to be provided on a video, tape, CD or computer disk, the requester can provide their own and the information will be free. Otherwise, the requester may be charged the cost price of providing the video, tape, CD or computer disk. - No fee will be charged where the cost of collecting or paying the fee is more than the amount of the fee itself] Where an official intends to reject a request, they will first discuss the case with the DIO or the Head of Department, as appropriate, and get their approval for any rejection of a request. Where the request is denied, the official shall contact the requester as soon as possible (by registered letter and telephone if possible) and provide a clear explanation of why the request was rejected and details of any complaints mechanism(s) available. Government-media relations The Government recognises that the media play an essential role in a democracy as they provide a key channel for disseminating accurate information to the public about government activities and decisions, and for people to voice their agreement and disagreement with those activities and decisions. The Government is therefore committed to strengthening its relations with the media. The [Government Communications Unit] is primarily responsible for ensuring that information is regularly shared with the media, via press releases, briefings and conferences and the full release of key documents (eg. the Budget) as appropriate. The [Government Communications Unit] has a responsibility to develop positive relations with the media and to ensure that the media can access relevant, reliable and timely information so that the public are kept properly informed of the government's policies and activities. In accordance with this Policy, all Heads and Deputy Heads of Department have the authority to issue public statements to the media. This authority may be delegated by these officials, as appropriate considering the size and functions of the organisation. The Government encourages the media to use this Policy to access information from Government to ensure that stories are based on verified facts, rather than leaks or rumours. Reporters are encouraged to seek comments from the Government Communications Department and/or the relevant departmental officials. Complaints Where a member of the public, including members of the media, are unhappy with the way this Policy has been implemented or applied - including where they believe they have been wrongly denied information - they may make a complaint to the [Ombudsman], an independent and impartial arbiter of administrative functioning in government. The process for making complaints will be the same as that imposed under the legislative instrument establishing the Office of the [Ombudsman]. The [Ombudsman] will make every reasonable endeavour to dispose of the complaint within 30 days, recognising that the usefulness of obtaining access to information often depends on its timeliness. The [Ombudsman] can exercise all powers he/she has under the law establishing his/her position in relation to complaints under this Policy. Where, while investigating a complaint, the [Ombudsman] uncovers an act which may constitute criminal wrongdoing, the [Ombudsman] will send a report of his/her findings to the [insert the name of the relevant Minister] for follow up. As permitted under the relevant empowering statute, the [Omdbusman] will also refer the case to [an anti-corruption watchdog or public prosecutor]. Where there are allegations that a public official is involved, the [Ombudsman] will also refer the case to the [Public Service Commission] for action. Information management Providing timely access to information will be difficult if information is not properly managed and stored. Accordingly, the Government is committed to ensuring that records management systems are strengthened with a view to promoting the objectives of this Policy. Where resources are available, specific records management programmes will be implemented. However, even where this is not possible, all organisations covered by the Policy are expected to review and streamline their systems and to develop basic guidance for staff on how to create, save, file, store, archive and dispose of records and information. The Government recognises that computers and other new information technology could assist with providing more effective access to information by the public and more efficient information management. The Government is committed to [developing and] implementing an appropriate information and communication technology which is designed to maximise scarce resources while promoting efficient and open government. Training and public education Promoting information disclosure and open government is a key duty of all public officials. To ensure that this message is unequivocal, the Government will ensure that all officials receive training on how to implement this Policy. Ministers, heads of department, senior officials and DIOs will be given priority in training activities. The IDP Implementation Unit will be responsible for ensuring that public education activities are undertaken to explain this Policy to the public, NGOs and the media in particular, in recognition of their key role as partners in the effort to disseminate more information to the public. Monitoring and reporting The [IDP Implementation Unit] will be responsible for monitoring implementation of this Policy and any relevant Action Plan(s). The [Ombudsman] will be responsible for submitting an annual report to Parliament on implementation of this Policy. The Annual Report will be referred to a relevant parliamentary committee for consideration. The committee will report back to Parliament at the session immediately following submission of the Annual Report with comments and recommendations. The [insert title of responsible Minister] will table a report in no later than the following session of Parliament responding to the Committee's report. The Annual Report will include: specific discussion of each department's progress with implementation, including how well they are implementing their proactive disclosure obligations; specific discussion on parliament's implementation of its proactive disclosure obligations; as much statistical information as possible on the types of information being requested, the responses being provided by officials, and the timeliness and cost of responses; specific recommendations for reform and improvement.
Commissioned by the Pacific Media and Communications Facility, an Australian Government, AusAID initiative managed by MDI International in association with MC Media & Associates