Transparency Case Transparency Case StudiesStudies

Focus AreasFocus Areas

Natasha BoddenNatasha BoddenPolicy AnalystPolicy Analyst

FOI UnitFOI UnitJune 2009June 2009

Current Trends & Current Trends & Change AreasChange Areas

Government ExpensesGovernment Expenses Budget and ExpenditureBudget and Expenditure Timelines and Required Training Timelines and Required Training Proactive disclosures / publicationsProactive disclosures / publications Ending the “Culture of Secrecy”Ending the “Culture of Secrecy” Openness in CourtsOpenness in Courts Pollutant Release and Transfer Pollutant Release and Transfer

RegistersRegisters AwardsAwards

Government ExpensesGovernment ExpensesCaliforniaCalifornia

California Governor Arnold California Governor Arnold Schwarzenegger signed an executive Schwarzenegger signed an executive order furthering commitment to order furthering commitment to government transparencygovernment transparency

Under the order, all state contracts Under the order, all state contracts valued at $5,000 or more will be posted valued at $5,000 or more will be posted onlineonline

Additionally, all Travel Expense Claims, Additionally, all Travel Expense Claims, Internal and External Audits and other Internal and External Audits and other Economic Interests are to be publishedEconomic Interests are to be published

Government Expenses Government Expenses UKUK

Since Since The Daily TelegraphThe Daily Telegraph and and The Sunday The Sunday TelegraphTelegraph began began publishing the details of publishing the details of MPs' expenses, more than MPs' expenses, more than £100,000 of claims have £100,000 of claims have been paid backbeen paid back

A total of 12 MPs have A total of 12 MPs have declared they will stand declared they will stand down at the next election down at the next election and the Speaker of the and the Speaker of the House has quit. (300 House has quit. (300 years)years)

Office funds and Office funds and SalariesSalaries

USAUSA House Speaker Nancy Pelosi said House Speaker Nancy Pelosi said

that the House will soon start that the House will soon start posting online quarterly records of posting online quarterly records of how members use their personal how members use their personal office funds, giving watchdog office funds, giving watchdog groups a chance to examine staff groups a chance to examine staff salaries and other spending by salaries and other spending by members of Congress members of Congress

Budget & Expenditure Budget & Expenditure BrazilBrazil

On the Government’s website there are: Regular On the Government’s website there are: Regular Audit Reports, Random Audit Reports and Special Audit Reports, Random Audit Reports and Special Audit ReportsAudit Reports

On each Ministry’s website there are Annual On each Ministry’s website there are Annual Account Audit ReportsAccount Audit Reports

Transparency Portal (webpage) provides info on: Transparency Portal (webpage) provides info on: – Resources applied directly by the federal departments– Federal resources transferred from the federal level to

states and municipalities – Federal resources transferred directly to citizens – Transactions on the Federal Government's Purchase Card

www.portaldatransparencia.gov.br

Transfers

Direct Spending

Punished Firms

Budget year

By state/county

spending categories

Transfers to citizens

Shortening Shortening Timelines & Timelines &

Annual TrainingAnnual Training The General Assembly approved significant The General Assembly approved significant

improvements to the Illinois Freedom of Information improvements to the Illinois Freedom of Information Act, which applies to all 7,000-plus public bodies in the Act, which applies to all 7,000-plus public bodies in the state. If signed by Gov. Pat Quinn, the new law:state. If signed by Gov. Pat Quinn, the new law:– Shortens the time that public bodies have to Shortens the time that public bodies have to

respond to a FOIA request from seven days to five. If respond to a FOIA request from seven days to five. If they miss that deadline, they cannot charge for they miss that deadline, they cannot charge for copiescopies

– Shortens the time that public bodies can request an Shortens the time that public bodies can request an extension from seven days to five. If they miss that extension from seven days to five. If they miss that deadline, they cannot cite the exemption that the deadline, they cannot cite the exemption that the request is unduly burdensomerequest is unduly burdensome

– Requires all public bodies to appoint FOIA officers Requires all public bodies to appoint FOIA officers who must receive annual training on compliance who must receive annual training on compliance with the actwith the act

Proactive DisclosureProactive DisclosureHealth Services – UK Health Services – UK

The UK’s Information Commissioner’s The UK’s Information Commissioner’s Office has sent formal warning notices to Office has sent formal warning notices to several NHS organisations several NHS organisations

Assistant Commissioner said “By Assistant Commissioner said “By proactively disclosing official information, proactively disclosing official information, the NHS may help to reduce the number of the NHS may help to reduce the number of requests received and also enable requests received and also enable individuals to phrase requests more individuals to phrase requests more clearly. NHS organisations are public clearly. NHS organisations are public bodies and it is right that the public has a bodies and it is right that the public has a right to know what official information right to know what official information these organisations hold.”these organisations hold.”

Proactive Publications Proactive Publications Restaurant Inspections – Restaurant Inspections –

Australia Australia The NSW Food Authority publishes The NSW Food Authority publishes

lists of businesses that lists of businesses that have breached or are alleged to have breached or are alleged to have breached NSW food safety have breached NSW food safety lawslaws

Publishing the lists gives consumers Publishing the lists gives consumers more information to make decisions more information to make decisions about where they eat or buy foodabout where they eat or buy food

The “Name and Shame” list is The “Name and Shame” list is updated weeklyupdated weekly

Proactive PublicationsProactive PublicationsSchool Inspection ReportsSchool Inspection Reports

IrelandIreland Inspection Reports for all schools are Inspection Reports for all schools are

published annually on the websitepublished annually on the website Why? To:Why? To:

– Acknowledge and affirm good practice in schoolsAcknowledge and affirm good practice in schools– Provide assurance of quality in the education Provide assurance of quality in the education

systemsystem– Id areas for development Id areas for development – Ensure a wider dissemination of good practice in Ensure a wider dissemination of good practice in

and among schoolsand among schools– Promote greater accountability and transparency Promote greater accountability and transparency

Ending the Culture of Ending the Culture of Secrecy Secrecy

UKUK The former Lord Chancellor wants an end to The former Lord Chancellor wants an end to

off-the-record briefings and a relaxation of off-the-record briefings and a relaxation of Cabinet collective responsibilityCabinet collective responsibility

““The public will demand that policy-making The public will demand that policy-making and public life was conducted in the open and and public life was conducted in the open and no longer in dark corners. That will improve no longer in dark corners. That will improve the quality of policy decisions and strengthen the quality of policy decisions and strengthen democracy.” democracy.”

This misguided belief among many MPs that This misguided belief among many MPs that they could win the secrecy battle was followed they could win the secrecy battle was followed by “comprehensive defeat” and the result is by “comprehensive defeat” and the result is “very significant damage to Parliament” “very significant damage to Parliament” because people no longer trust politicians! because people no longer trust politicians!

Openness in CourtsOpenness in Courts Iowa and NY Senators have Iowa and NY Senators have

introduced legislation to allow introduced legislation to allow federal trial and appellate judges to federal trial and appellate judges to permit cameras in the courtroompermit cameras in the courtroom

““Letting the sun shine in on federal Letting the sun shine in on federal courtrooms will give Americans an courtrooms will give Americans an opportunity to better understand the opportunity to better understand the judicial process,” they saidjudicial process,” they said

““The bill goes to the heart of an The bill goes to the heart of an open, transparent government … it’s open, transparent government … it’s just the best way to maintain just the best way to maintain confidence and accountability in the confidence and accountability in the system and help judges do a better system and help judges do a better job” job”

Pollutant Release & Pollutant Release & Transfer RegistersTransfer Registers

In recent years, the public's "right to In recent years, the public's "right to know" has moved to the forefront of know" has moved to the forefront of environmental policy making environmental policy making

The OECD is supporting The OECD is supporting governments' response by helping governments' response by helping them develop databases of releases them develop databases of releases and transfers of pollutants to the and transfers of pollutants to the environment, called “PRTR’s” environment, called “PRTR’s”

Pollutant Release & Pollutant Release & Transfer RegistersTransfer Registers

Pollutant Release and Transfer RegistersPollutant Release and Transfer Registers generally have these defining characteristics: generally have these defining characteristics:

reporting on individual chemicals reporting on individual chemicals by individual industrial facilities by individual industrial facilities on all releases and transfers on all releases and transfers to all environmental media (air, water, land) to all environmental media (air, water, land) periodically periodically with consistently structured data with consistently structured data entered into a computer database entered into a computer database actively disseminated to the public actively disseminated to the public with limited data withheld as trade secretswith limited data withheld as trade secrets with the aim to improve environmental quality and with the aim to improve environmental quality and

promote cleaner technologypromote cleaner technology

Rosemary AwardRosemary Award Given annually during Sunshine Week by the Given annually during Sunshine Week by the

National Security Archive at George Washington National Security Archive at George Washington UniversityUniversity

Recognizes outstandingly bad responsiveness to Recognizes outstandingly bad responsiveness to the public department that flouts the letter and the public department that flouts the letter and spirit of the Freedom of Information Actspirit of the Freedom of Information Act

The FBI won the fifth annual The FBI won the fifth annual Rosemary Award for the worst Freedom of Information Act performance by a federal agency

FBI’s reports to Congress show that the Bureau is FBI’s reports to Congress show that the Bureau is unable to find any records in response to 67% of its unable to find any records in response to 67% of its incoming FOIA requests on average over the past incoming FOIA requests on average over the past four years (the other major government agencies four years (the other major government agencies averaged only a 13% “no records found” response)averaged only a 13% “no records found” response)