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

Wed Feb 14 19:52:31 EAT 2007

Hi Kihanya,

Want to draw a poniter to a related matter as is being dealt in a different
country.

Please see the link below.
http://searchsecurity.techtarget.com/originalContent/0,289142,sid14_gci1242852,00.html?track=NL-102&ad=578130HOUSE&asrc=EM_NLN_994760&uid=5800974

Walu had mentioned something related: the protection of consumer data by
private companies too. It is important that this is captured.

Sorry, cannot find the actual mail on the thread but sure he can relate it.

Muthoni

On 2/14/07, John Walubengo <jwalu at yahoo.com> wrote:
>
> Thanx Kihanya for your efforts.  Indeed this is a fairly
> un-convential topic in that it has no obvious or immediate
> financial connotations - hence the slower responses...
>
> But back to my contribution.  I think the policy informing
> the Freedom Of Information bill should look towards
> empowering the citizens through facilitating their access
> to knowledge/information.  We need to think through how our
> collective data regarding our heritage, history, social and
> economic  transactions can be harnessed and made to serve
> the common good.
>
> I know this bill has tended to create controversy because
> it has often been looked at in the narrow terms of the Govt
> vs the Media i.e.  Media seeks info visa-vis Govt sits on
> Info. True, this could be one of the issues but it should
> not limit our scope because the bill should be a reflection
> of broader policy issues that touch on different data
> sitting on various platforms such as (Private) Media
> Broadcasters, Mobile service providers, ISPs, eBankers,
> etc.
>
> How for example can KTN be asked to share (or sell) their
> valuable film clips to the Kenya Archives dept? How can the
> East African Standard avail their 100years+ data to the
> public?  When or Why should Safaricom/Celtel divulge the
> SMS transcript of a certain subscriber to the Police, to
> the Media or the Private Investigator? What kind of data
> security standards and practices should we place for
> critical and national data stores such as KRA, KPA,
> Immigration, etc? What of the Certification Authority (CA)
> providers that are likely to play a cenral role in a future
> eCommerce environment, how will they collect, protect and
> avail their data?
>
> So I think these are some of the Policy issues that need to
> be thrashed out in the process of coming up with the final
> FOI bill.
>
> walu.
>
>
>
>
>
> --- joseph kihanya <kihanyajn at yahoo.com> wrote:
>
> > 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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