Getting at the Live Archive: On Access to Information Research in Canada

2011 ◽  
Vol 26 (3) ◽  
pp. 623-633 ◽  
Author(s):  
Kevin Walby ◽  
Mike Larsen
Keyword(s):  
National Security ◽  
Freedom Of Information ◽  
Government Agencies ◽  
Access To Information ◽  
The Public ◽  
Official Discourse ◽  
Dirty Data ◽  
Information Research ◽  
Public Record ◽  
Constitutional Right

Most of the draft documents, memoranda, communications, and other textual materials amassed by government agencies do not become public record unless efforts are taken to obtain their release. One mechanism for doing so is “access to information” (ATI) or “freedom of information” (FOI) law. Individuals and organizations in Canada have a quasi-constitutional right to request information from federal, provincial, and municipal levels of government. A layer of bureaucracy has been created to handle these requests and manage the disclosure of information, with many organizations having special divisions, coordinators, and associated personnel for this purpose. The vast majority of public organizations are subject to the federal Access to Information Act (ATIA) or the provincial and municipal equivalents.We have been using ATI requests to get at spectrum of internal government texts. At one end of the spectrum, we are seeking what Gary Marx calls “dirty data” produced by policing, national security, and intelligence agencies. Dirty data represent “information which [are] kept secret and whose revelation would be discrediting or costly in terms of various types of sanctioning.” This material can take the form of the quintessential “smoking gun” document, or, more often, a seemingly innocuous trail of records that, upon analysis, can be illuminating. Dirty data are often kept from the public record. At the other end of the disclosure spectrum are those front-stage texts that represent “official discourse,” which are carefully crafted and released to the public according to government messaging campaigns.

scholarly journals Copyright Policymaking as Procedural Democratic Process: A Discourse Theoretic Perspective on ACTA, SOPA, and PIPA

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
National Security ◽  
Foreign Relations ◽  
Trade Agreement ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
The Public ◽  
Law Faculty ◽  
College Of Law ◽  
Security Information ◽  
University Of Idaho

In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open domestic process that led quite dramatically to the scuttling of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). He reads the two processes against each other as a prelude to recommending Freedom of Information Act (FOIA) reform. The amendment to FOIA that Professor Levine proposes would open the international IP policymaking process to greater public scrutiny by creating a qualified public right to "foreign relations" national security information, which was systematically withheld from the public during the ACTA negotiations. This article, prepared for the Cardozo Arts and Entertainment Law Journal's 2012 Symposium, "Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law," is a response to Professor Levine that draws on Jürgen Habermas' discourse theory of procedural democracy to examine the policymaking dynamics of ACTA and SOPA/PIPA and to assess the democracy-enhancing potential of the FOIA reform Professor Levine proposes.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

Information Is Power

2021 ◽  
pp. 230-245
Author(s):  
Mary-Rose Papandrea
Keyword(s):  
National Security ◽  
First Amendment ◽  
Third Parties ◽  
Government Information ◽  
The Public ◽  
The Press ◽  
Security Information ◽  
Constitutional Right ◽  
Government Secrecy ◽  
Right Of Access

Balancing the equally important but sometimes conflicting priorities of government transparency for public accountability versus government secrecy for national security seems intractable. One possibility is to recognize a constitutional right of access to government information. This would support democratic self-governance, allow the public to engage in meaningful oversight, and provide access to necessary information without the game of leaks. It could radically refocus arguments regarding the rights of government employees to reveal national security information and of third parties to publish it. Recognizing this right faces an uphill battle against decades of First Amendment jurisprudence. It also faces innumerable logistical and practical obstacles. It would not eliminate the need to determine when the public, the press, and government insiders can disclose national security information. Nevertheless, the ongoing collapse of press access norms and government’s increasing desire to operate outside public view may warrant dramatically rethinking First Amendment scope and protections.

Historical Records

2016 ◽  
Keyword(s):  
Public Access ◽  
Freedom Of Information ◽  
Historical Records ◽  
Public Records ◽  
The Public ◽  
Code Of Practice ◽  
National Archives ◽  
Public Record ◽  
The Relationship ◽  
Information Regime

Chapter 7 examines the relationship between the freedom of information regime established by the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and the pre-existing statutory regime governing the keeping of public records under the Public Records Act 1958. It describes the processes by which public records are transferred to the Public Record Office and opened to public access, and the progressive replacement of the ‘30-year rule’ with a ‘20-year rule’. It explains the separate, but related, concept of ‘historical records’ introduced by the 2000 Act, and the removal of certain exemptions by reference to the age of documents. The special procedures applicable to requests for information in transferred public records that have not been opened to the public are set out. The chapter then summarizes the guidance given to relevant authorities about the above matters by the Lord Chancellor’s Code of Practice and the National Archives.

Freedom of Information and Transparency as Administrative and Constitutional Rights

1999 ◽  
Vol 2 ◽  
pp. 285-302 ◽  
Author(s):  
Carol Harlow
Keyword(s):  
Administrative Law ◽  
Political Agenda ◽  
The Political ◽  
Freedom Of Information ◽  
Constitutional Rights ◽  
Access To Information ◽  
The Media ◽  
Constitutional Right ◽  
Ec Law ◽  
Conceptual Confusion

Freedom of information is an idea which has been high on the political agenda of western democratic societies for many years. It has been cultivated, propagated and sometimes misused in self-interested fashion by the media. Its meaning, always imprecise, has fluctuated. It has been recycled under the American terms of “openness” and “Government in the Sunshine”. Recently it has been once more recycled under the fashionable term “transparency”. In the European context, this imprecision has been detrimental to the development of logical and sturdy principles concerning transparency and access to information. What has emerged from the conceptual confusion has been a reliance on the more restricted administrative law rights of access to information in contexts where a constitutional right to transparency would have been more appropriate, with a consequential impoverishment of the transparency concept in EC law.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals The last forum of accountability? State secrecy, intelligence and freedom of information in the United Kingdom

2019 ◽  
Vol 21 (2) ◽  
pp. 312-329 ◽  
Author(s):  
Melina J. Dobson
Keyword(s):  
United Kingdom ◽  
Significant Role ◽  
Freedom Of Information ◽  
Sensitive Material ◽  
The Public ◽  
The United Kingdom ◽  
National Archives ◽  
Public Record

The official mechanisms of intelligence oversight and accountability in the United Kingdom are arguably disjointed and ineffective. Thus, informal actors such as journalists, have played a more significant role. In addition, a rise of whistleblowers and leakers, such as Chelsea Manning, have highlighted the importance of online archives as an avenue for accountability. The United Kingdom is legally bound to place official documents on the public record at the National Archives. Sensitive material on intelligence and other security subjects majorly impedes the bulk release of documents. Inevitably, the inclination to ‘weed’ sensitive material from mundane documents has resulted in a costly declassification process. Evidence suggests that historians successfully investigated these subjects through the use of archives, despite the efforts of officials to obfuscate. This article argues that historians increasingly constitute the last forum of accountability and that routine declassification is an important, but neglected aspect of our machinery of intelligence oversight.

scholarly journals Agency Perspectives on Online Public Records Request Portals

2019 ◽  
Vol 1 (1) ◽  
pp. 59-74
Author(s):  
Alexa Capeloto
Keyword(s):  
Software As A Service ◽  
Third Party ◽  
Government Agencies ◽  
Public Records ◽  
The Public ◽  
Contextual Framework ◽  
Public Record ◽  
The Relationship ◽  
Process Level

Spurred by converging trends facilitated by the interactive web, government agencies are moving to digitize and make more transparent the public record request (PRR) process via dual-facing online portals. Such portals, often provided by third-party vendors as SaaS (Software as a Service) solutions, are built on the premise and promise of helping agencies streamline their internal workflows while aiding requesters through the sometimes labyrinthine process of accessing public records. This research aims to study the effects and efficacy of such portals from the agency perspective, both at the process level and in a broader sense of reshaping the relationship between citizen and government. Set within a contextual framework of the trends from which these portals have emerged, a survey of 54 U.S. public jurisdictions suggests that online portals are significantly improving agencies’ internal and external processes of receiving, tracking, and responding to requests for public records, but do not necessarily bring correlative improvement in their overall relationship with citizens for a number of possible reasons.

8. Public Interest Immunity and Related Matters

2021 ◽  
pp. 190-203
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

8. Public Interest Immunity and Related Matters

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

Sign in / Sign up

Export Citation Format

Share Document