[kictanet] Day 3: What Policies should inform the FOI?

[joseph kihanya]

Dear All,

I trust we may now move on to day 3. Those with comments still on day 1 and 2 can still do so.
The themes were...

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)?


Today's topic really looks as to waht should be the basic  reasoning behind the FOI policy and hence law.

The principles listed hereunder have been recognized by Article 19 ( an international organizatioin dealing with freedomm of te press and related issues) as what should guide the FOI laws(policy).

• PRINCIPLE 1. Maximum disclosure 

That the law should seek this as its underpinning philosophy.

• PRINCIPLE 2. Obligation to publish

That there should be an obligation to publish and requests should be for non-crucial/ essential / bulky information.

• PRINCIPLE 3. Promotion of open government 

That the  law should promote / recognise  the importance of open government.

• PRINCIPLE 4. Limited scope of exceptions

That the exceptions should be clear , precise and allowable in a democratic society/ i,e should not take away what the law seeks to grant.
 
• PRINCIPLE 5. Processes to facilitate access

Clear processes for request should exist.

• PRINCIPLE 6. Costs

These should be kept at a  minimum for the public has already paid for the creation of the information through taxation.

•  PRINCIPLE 7. Open meetings 

Other than informnation, there should bea  promotion of open dialogue at decsion making level.

• PRINCIPLE 8. Disclosure takes precedence 

The tests that are to be applied by the commssioner and the appeal tribunal should seek disclosre unless the exceptions and the public interest demand otherwise.

• PRINCIPLE 9. Protection for whistleblowers 

That those who disclose information that is in the public interest, inspite of the exceptions should not be victimised/ should be protected.


Lets go!

Kihanya


 
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