Implications for Business

2016 ◽  
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Information Society ◽  
Typical Case ◽  
Green Paper ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Trade Secrets ◽  
Case Histories ◽  
Public Sector Information

Chapter 16 outlines the opportunities and risks for business posed by the Freedom of Information Act 2000, drawing on an essay by former Information Commissioner Richard Thomas in 2000 and the Green Paper, Public Sector Information in the Information Society, which was published by the European Commission. The chapter identifies the exemptions in section 41 (breach of confidence) and section 43 (trade secrets and commercial interests) of the 2000 Act as being of particular concern to business, notes that it is helpful to see how the sections are applied to different sets of facts and provides some typical case histories16.

Exploiting Public Sector Information through Innovative E-Government Policies

2011 ◽  
pp. 508-513
Author(s):  
Ioannis P. Chochliouros ◽  
Anastasia S. Spiliopoulou-Chochliourou
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Information Society ◽  
Identity Management ◽  
Public And Private ◽  
The Public ◽  
Knowledge Based ◽  
Shared Spaces ◽  
Public Sector Information ◽  
Digital Knowledge

The digital, knowledge-based economy (European Commission, 2003a) has a strong impact on the life of all citizens at the global level. Under suitable terms and/or appropriate conditions, it can be a powerful “engine” for growth, competitiveness, and jobs, while at the same time it improves living standards. The multiplicity of innovative Information Society (Dutta, Paua, & Lanvin, 2004) tools has led to unprecedented possibilities to combine data taken from different and various sources into added-value products and services. To this perspective, public sector information can be an important “prime” material for relevant applications. For the specific framework of the European Union (EU), the public sector information (European Commission, 1998) plays a very important role in its social and economic models by supporting high levels of welfare for citizens, ensuring socioeconomic cohesion, and sustaining the functioning of a competitive and fully liberalized market environment. In particular, the public sector engages in a wide range of activities, varying from education, healthcare, and social security, to protecting consumers and strengthening the environment. Consequently, financial and business information is collected by a number of ministries and other appropriate organizations. Company registers, usually required by law in many Member States, are also maintained by the public sector. Legal information (in particular concerning legislation and jurisprudence) and administrative information constitute another example, while patent offices are usually public sector bodies. Scientific, technical, cultural, and medical information is extensively collected by public research institutions and public archives. Geographical information relevant to transport and tourism (e.g., maps, road traffic situation) is also available in corresponding public agencies. Furthermore, tourist information is gathered and published by public sector bodies at different levels of government. Learning how to manage and to exploit all relevant information produced and stored could create a very high level of public value (and this is probably an unavoidable step towards a future user-centered government). Even greater potential benefits can result if governments, authorities, and/or organizations actively participate in the development of the knowledge-based society, in the true sense to create public-shared spaces for the creation and the delivery of various forms of “knowledge.” However, today there are still some “barriers” preventing the full “exploitation” of public sector information at the European level. These may originate from diversities either in language or in pricing issues, or in (administrative) rules and/or practices, such as differences in replying time, the refusal to transmit the information in digital format, the need to prove that the information is not limited by data-protection rules, and exclusive deals that already exist between public and private firms. In fact, Europe’s public sector (Cap Gemini Ernst & Young, 2004) is today at a crossroads, in front of numerous global challenging conditions, institutional change, and the profound impact of new technologies in a background which evolves very rapidly. Expectation is growing that, as it is a major economic performer for boosting growth and innovation, the public sector can (and will) play a strong role in realizing the Lisbon strategy (European Commission, 2000; European Council, 2003) for economic, social, and environmental renewal. It should be expected that the public sector would become more productive, cut the “red tape,” eliminate queues, and offer services of improved quality. Simultaneously, the European public sector will, over the next decade, undergo a number of transitions (such as increasing cultural and religious diversity, aging of the population, and changing living, working, and consumption patterns) that will require new services as well as innovative ways of delivering the existing ones. In particular, the public sector should “close” the demographic deficit, restore democratic ownership, and cope with demographic change (e.g., aging, immigration, etc.). Other perspectives may be relevant to safeguard liberty, justice, and security. The public administrations are now facing (with a medium- to long-term time horizon) very powerfully the challenge (DG Information Society of the European Commission, 2001) of improving the efficiency, productivity, and quality of their offerings, to respond to all the forthcoming needs and demands. This may result in new ways of delivering services to citizens and businesses while coping with various domains, especially if considering initiatives to extend the internal market and to deepen convergence in enlargement (OECD, 2003; IDA eGovernment Observatory, 2002; Chochliouros & Spiliopoulou-Chochliourou, 2003a). This option also implicates special perspectives such as identity management, advanced public electronic services, deployment of dynamic and personalized services, and exploitation of innovation in technology.

Exploiting Public Sector Information through Innovative E-Government Policies

2011 ◽  
pp. 2728-2736
Author(s):  
Ioannis P. Chochliouros ◽  
Anastasia S. Spiliopoulou-Chochliourou
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Information Society ◽  
Identity Management ◽  
Public And Private ◽  
The Public ◽  
Knowledge Based ◽  
Shared Spaces ◽  
Public Sector Information ◽  
Digital Knowledge

The digital, knowledge-based economy (European Commission, 2003a) has a strong impact on the life of all citizens at the global level. Under suitable terms and/or appropriate conditions, it can be a powerful “engine” for growth, competitiveness, and jobs, while at the same time it improves living standards. The multiplicity of innovative Information Society (Dutta, Paua, & Lanvin, 2004) tools has led to unprecedented possibilities to combine data taken from different and various sources into added-value products and services. To this perspective, public sector information can be an important “prime” material for relevant applications. For the specific framework of the European Union (EU), the public sector information (European Commission, 1998) plays a very important role in its social and economic models by supporting high levels of welfare for citizens, ensuring socioeconomic cohesion, and sustaining the functioning of a competitive and fully liberalized market environment. In particular, the public sector engages in a wide range of activities, varying from education, healthcare, and social security, to protecting consumers and strengthening the environment. Consequently, financial and business information is collected by a number of ministries and other appropriate organizations. Company registers, usually required by law in many Member States, are also maintained by the public sector. Legal information (in particular concerning legislation and jurisprudence) and administrative information constitute another example, while patent offices are usually public sector bodies. Scientific, technical, cultural, and medical information is extensively collected by public research institutions and public archives. Geographical information relevant to transport and tourism (e.g., maps, road traffic situation) is also available in corresponding public agencies. Furthermore, tourist information is gathered and published by public sector bodies at different levels of government. Learning how to manage and to exploit all relevant information produced and stored could create a very high level of public value (and this is probably an unavoidable step towards a future user-centered government). Even greater potential benefits can result if governments, authorities, and/or organizations actively participate in the development of the knowledge-based society, in the true sense to create public-shared spaces for the creation and the delivery of various forms of “knowledge.” However, today there are still some “barriers” preventing the full “exploitation” of public sector information at the European level. These may originate from diversities either in language or in pricing issues, or in (administrative) rules and/or practices, such as differences in replying time, the refusal to transmit the information in digital format, the need to prove that the information is not limited by data-protection rules, and exclusive deals that already exist between public and private firms. In fact, Europe’s public sector (Cap Gemini Ernst & Young, 2004) is today at a crossroads, in front of numerous global challenging conditions, institutional change, and the profound impact of new technologies in a background which evolves very rapidly. Expectation is growing that, as it is a major economic performer for boosting growth and innovation, the public sector can (and will) play a strong role in realizing the Lisbon strategy (European Commission, 2000; European Council, 2003) for economic, social, and environmental renewal. It should be expected that the public sector would become more productive, cut the “red tape,” eliminate queues, and offer services of improved quality. Simultaneously, the European public sector will, over the next decade, undergo a number of transitions (such as increasing cultural and religious diversity, aging of the population, and changing living, working, and consumption patterns) that will require new services as well as innovative ways of delivering the existing ones. In particular, the public sector should “close” the demographic deficit, restore democratic ownership, and cope with demographic change (e.g., aging, immigration, etc.). Other perspectives may be relevant to safeguard liberty, justice, and security. The public administrations are now facing (with a medium- to long-term time horizon) very powerfully the challenge (DG Information Society of the European Commission, 2001) of improving the efficiency, productivity, and quality of their offerings, to respond to all the forthcoming needs and demands. This may result in new ways of delivering services to citizens and businesses while coping with various domains, especially if considering initiatives to extend the internal market and to deepen convergence in enlargement (OECD, 2003; IDA eGovernment Observatory, 2002; Chochliouros & Spiliopoulou-Chochliourou, 2003a). This option also implicates special perspectives such as identity management, advanced public electronic services, deployment of dynamic and personalized services, and exploitation of innovation in technology.

scholarly journals How Queensland newspapers reported public sector information reform

2017 ◽  
Vol 162 (1) ◽  
pp. 90-106
Author(s):  
Rhonda Breit ◽  
Richard Fitzgerald ◽  
Shuang Liu ◽  
Regan Neal
Keyword(s):  
Public Sector ◽  
Policy Transfer ◽  
Freedom Of Information ◽  
Reform Implementation ◽  
Public Sector Information ◽  
Qualitative Level ◽  
The Media ◽  
Media Reports ◽  
Right To Information

This article explores the role of media in Freedom of Information (FOI) policy transfer, using a case study of Queensland’s 2009 FOI reforms. A multi-dimensional analysis was used to discover how newspapers reported changes in Queensland’s public sector information (PSI) policy to identify whether stories on PSI policy were reframed over time. At a quantitative level, the text analytics software Leximancer was used to identify key concepts, issues and trends in 786 relevant articles from national, metropolitan and regional newspapers. At a qualitative level, discourse analysis was used to identify key themes and patterns from the newspaper articles. Both qualitative and quantitative shifts in the media reporting of Right to Information (RTI) and FOI were revealed across three time periods representing the periods before, during and after the reform implementation. The findings offer insights into the role of newspapers in policy diffusion, revealing how Queensland media reports framed the shift in PSI policy from pull model FOI to push model RTI.

Accessing Administration's Information via Internet in Spain

2011 ◽  
pp. 20-25
Author(s):  
A. C. i Martinez
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Public Administration ◽  
General Public ◽  
Social Information ◽  
The Internet ◽  
The West ◽  
The Public ◽  
Public Sector Information ◽  
New Models

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.

Effektiver Rechtsschutz im Informationsfreiheitsgesetz des Bundes?

2021 ◽  
Author(s):  
Angelika Gerold
Keyword(s):  
Private Sector ◽  
Information Society ◽  
The State ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
State Information ◽  
Constitutional State

We live in an information society. Data is worth a fortune, because knowledge advantages can be converted into cash in the private sector. Information that the state collects should therefore be accessible to everyone. In Germany, this is regulated by the Federal Freedom of Information Act (IFG des Bundes). Yet there is a need for balanced access regulations to state information. After all, a request for access can reveal the tension between transparency and confidentiality. This becomes particularly apparent in the regulations of the IFG des Bundes on the protection of trade and business secrets. A crux of our democratic constitutional state becomes evident: It is not possible to comprehensively safeguard confidentiality.

Accessing Administration's Information via Internet in Spain

2011 ◽  
pp. 3179-3186
Author(s):  
Agustí Cerrillo i Martinez
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Public Administration ◽  
General Public ◽  
Social Information ◽  
The Internet ◽  
The West ◽  
The Public ◽  
Public Sector Information ◽  
New Models

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.

Accessing Administration's Information via Internet in Spain

2008 ◽  
pp. 2558-2573
Author(s):  
Agustí Cerrill i Martinez
Keyword(s):  
Public Sector ◽  
European Commission ◽  
Public Administration ◽  
General Public ◽  
Social Information ◽  
The Internet ◽  
The West ◽  
The Public ◽  
Public Sector Information ◽  
New Models

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.

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