[kictanet] Summarised THEMES- FOI POLICY DAY 1 AND 2

[joseph kihanya]

Dear all,

These are the revised thematic guides for the days courtesy of Walu( Thanks a lot guy!).


Day 1 issues/ theme continues today( The background info  is included again for ease of reference) and contributions on day 2 are welcome.

Day 1: Why Freedom of Information  (FOI) Act?
Day 2: What are the current modalities for accessing data
held by Data Handlers (Govt or Private Sector)?
Day 3: What Policies should inform the FOI?
Day 4: What Data should be exempted from the Act (access) &
Why?
Day 5: How would users update their data
Day 6: Way Forward.


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DAY ONE( 1)

Background Info
What is FOI?
Freedom of information is a fundamental right that the United Nations in a resolution in 1946 declared to be the touchstone of all freedoms.
It is generally a right of any  individual to access information held by government.
• Is it a right?
• Why Access?
• Why freedom?

There are many terms used in relation to this.

• Freedom of Information
• Right to Know
• Right of Access to information
• Right to information 

They are referring to the same thing and the important point is that they can be interchanged but require that one be selected for use in a particular jurisdiction for consistency.

Which one should Kenya Use? The Moderator will use FOI in this first mail.

How would FOI help in a country like Kenya?

Arguments exist for and against FOI  laws.

Arguments for.

I. It makes government more  accountable.
II. Increases public participation.
III. Promotes human rights.
IV. Allows for good decision making
V. Protects privacy
VI. Makes private companies more accountable.
VII. Promotes health
VIII. Strengthens the economy
IX. Protects the environment
What are the arguments against FOI?

What are  your views on the principles of FOI Laws? What do they mean essentially? Does the policy agree with these principles?

• PRINCIPLE 1. Maximum disclosure 
• PRINCIPLE 2. Obligation to publish
• PRINCIPLE 3. Promotion of open government 
• PRINCIPLE 4. Limited scope of exceptions 
• PRINCIPLE 5. Processes to facilitate access
• PRINCIPLE 6. Costs
•  PRINCIPLE 7. Open meetings 
• PRINCIPLE 8. Disclosure takes precedence 
• PRINCIPLE 9. Protection for whistleblowers 

What are / should be the Objectives FOI Legislation? 

Vision
Does this capture the intent of the right/ freedom optimally?
Mission
Does this optimally capture the implementation/purpose of the right/ freedom?

Introduction
(Entrenching Openness?)
Do the introductions in the following paragraphs reflect this? How should they read?
Paragraphs
1.1- 3.2.3

My comments;

This is policy and resultant Bill/ Act may be the most important thing to happen to our democracy since independence! I feel honoured to be part of this debate.

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DAY TWO(2)

What are your thoughts on the  current modalities / Existing Framework for managing information held by public/ private organizations.

Is is known?
Does it serve a purpose?
What purpose should it primarily serve?
Should the dat be protected? Accessible? By whom? for what reason?
How long should data be held?

Lets go.

Kihanya


 
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