The Library and Freedom of Information: Agent or Icon?

Author(s):  
Paul Sturges

It is through freedom of information legislation that states come closest to providing the full mechanism for access to files. Because the library holds information resources and provides services that promise access to information, it seems natural to suggest that the library, particularly the national library, is an agent for freedom of information. But the first element of true freedom of information is that a set of transparent and effective mechanisms exists so as to allow the right of access to be realized in practice; the second element is that access to files should not require the demonstration of any ‘need to know’. National libraries have collections of great size and diversity, and they can call on the resources of other libraries, nationally and internationally; but they are seldom open to all. Library access mechanisms can also be unduly complex, to the extent that only the committed user can get full value from them; in effect, libraries operate on a ‘need to know’ system. Libraries serve many invaluable purposes, but they are not so much agents of freedom of information as iconic representations of national commitment to freedom of information.

IIUC Studies ◽  
2012 ◽  
Vol 7 ◽  
pp. 73-90
Author(s):  
Mohammad Hasan Murad ◽  
Kazi Arshadul Hoque

Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and people’s right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the ‘right to know,’ is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of people’s right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90


Author(s):  
Patrick Lamoureux

AbstractAccess to information and freedom of information (ATI/FOI) requests are an increasingly utilized means of generating data in the social sciences. An impressive multi-disciplinary and international literature has emerged which mobilizes ATI/FOI requests in research on policing, national security, and imprisonment. Absent from this growing literature is work which deploys ATI/FOI requests in research on higher education institutions (HEIs). In this article I examine the use of ATI/FOI requests as a methodological tool for producing data on HEIs. I highlight the data-generating opportunities that this tool offers higher education researchers and provide a first-hand account of how ATI/FOI requests can be mobilized in higher education research. I argue that despite the value of ATI/FOI requests for producing data on academic institutions, the information management practices of HEIs limit the effectiveness of ATI/FOI in ways that I detail drawing on my experience using information requests to scrutinize the quality assurance of undergraduate degree programs in Ontario. I suggest that in an age of rankings and league tables HEIs are likely to prioritize the protection of their reputation over the right of access. In conclusion I consider the implications of the article’s findings for higher education researchers and ATI/FOI users.


2019 ◽  
Vol 63 (3) ◽  
pp. 435-461
Author(s):  
Uchechukwu Nwoke

AbstractInformation is essential for the functioning of modern societies. Access to information denotes the right of citizens to obtain information regarding how they are governed. In 2011, Nigeria enacted the Freedom of Information Act, to ensure openness and transparency in public governance. This article evaluates the extent to which the legislation has strengthened the right of access to information in Nigeria. Through analysis of the provisions of the act and some decided cases, the article argues that challenges, both in the act's provisions and in its enforcement by the courts, have resulted in a “blunted” law that lacks the capacity to satisfy the people's expectations on the right of access to public information. Drawing on the experience of other jurisdictions where similar laws are operative (notably South Africa and India), the article suggests ways through which the implementation of the act could be made more effective.


2011 ◽  
pp. 235-254
Author(s):  
Sonja Bugdahn

Critics of the notion or concept of “information society” have often made claims to put the new ICTs into a more historical and institutional context. As a response, in this chapter, the more than 200-year-old right of access to governmental information is selected as a reference point. A comprehensive review of literature reveals that this right can be analyzed from various perspectives. Examples are the politics, policy, and polity perspective; the market perspective; and the citizenship perspective. Each perspective highlights different aspects of the impacts a right of access to information can possibly have. The citizenship perspective turns out to be particularly interesting, because the traditional, but changeable concept of citizenship, and the right of access to information interact with each other. In a second step, the same perspectives can be utilized for an analysis of documents and literature on new Information and Communication Technologies (ICTs) in order to determine whether truly new and original elements are added to what has previously been analyzed in terms of access to information rights. The application of the freedom of information perspectives to Internet-based access to information allows for the identification of interesting research questions on the changing concept of citizenship, the future of national and transnational governance and the future of regulation.


Author(s):  
Göran Rollnert Liern

La tramitación parlamentaria de la Ley de Transparencia ha reabierto el debate doctrinal sobre el acceso a la información pública como derecho fundamental. El trabajo hace una valoración de los argumentos utilizados en la discusión, en particular de la jurisprudencia nacional sobre este derecho y de su posible integración en la libertad de información del art. 20.1 d) CE interpretándolo conforme a los tratados internacionales y atendiendo a las recientes sentencias del TEDH dictadas en 2009 y 2013.The parliamentary procedure of the Law of Transparency has reopened the doctrinal debate on access to public information as a fundamental right. The paper gives a valuation of the arguments used in the discussion, in particular the national case-law on this right and the possible integration thereof in the freedom of information set in article 20.1 d) of the Spanish Constitution interpreting it according to international treaties and taking into account the recent judgments of the ECHR established in 2009 and 2013.


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