[kictanet] Freedom of Information Bill and Open Standards

Thu Jul 26 12:07:55 EAT 2012

I am not sure I understand your argument Conrad. Please clarify what you
mean.

Evans

On Thu, Jul 26, 2012 at 11:27 AM, Rad! <conradakunga at gmail.com> wrote:

> I don't think we have the luxury of this train of thought given that
> an embarrassingly large number of government bodies are either unable or
> have refused to automate their operations. This particular cart is before
> the horse.
>
> On Thu, Jul 26, 2012 at 10:05 AM, Evans Ikua <ikua.evans at gmail.com> wrote:
>
>> Apologies for cross-posting.
>>
>> The Peruvian Government in 2005 passed a law mandating the use of
>> Free/Libre software in all Government agencies (bodies funded by the tax
>> payer). I have reproduced some excerpts here below that tie in with our
>> Freedom of Information Bill (and to a large extent the Data Protection
>> Bill). Please note that the use of the term free is not to be confused to
>> mean free of cost, but more about liberty, openness, open standards and
>> access to source code.
>>
>> *"The guarantee of these rights in our Constitution is not solely based
>> on the good will of the State's agents to fulfill the norms of the
>> Constitution, but also based on the use of technologies that in some cases
>> contribute, and in others do not, to an effective protection of said
>> citizens' rights.*
>>
>> *It is in this context of utmost importance for the State to implement
>> those technologies that help reinforce the exercise of the right of
>> citizens' to access information and to withhold it in cases that require so.
>> *
>>
>> *The use of Free Software in all of the State's agencies points in this
>> direction. Basically, we can say that the fundamental principles that drive
>> the present Bill are tightly related to the basic guarantees of a
>> democratic State and we can sum them up in the following:*
>>
>>    - *Free Access of the citizens to public information*
>>    - *Pereniality of public data*
>>    - *Security of the State and of the citizens*
>>
>> *To guarantee the citizens' free access to information, it is
>> indispensable that the coding of the data not be tied to a sole provider.
>> The use of standard and open formats guarantees this free access, making
>> possible the creation of compatible software.*
>>
>> *To guarantee the pereniality of public data, it is indispensable that
>> the use and maintenance of software does not depend on the good will of the
>> providers, nor of monopolic conditions, imposed by them. Systems can be
>> guaranteed by the availability of the source code.*
>>
>> *To guarantee national security it is vital to have systems that are
>> devoid of elements that allow remote control or the transmission of
>> non-desired information to third-parties. Therefore, it is required to have
>> systems whose source code is freely accessible to the public, so that its
>> inspection be allowed by the State, the citizens and a great number of
>> freelance experts in the world."*
>> Please see the following links for more info:
>> Peru's Bill - Use of free software in Government agencies<http://opensource.org/docs/bill-EngTrans.php>
>>
>> Peruvian Congressman refutes Microsoft's "Fear, Uncertainty and Doubt"
>> (F.U.D.) concerning free and open source software.<http://opensource.org/docs/peru_and_ms.php>
>>
>> Now, looking at our Freedom of Information Bill, the right to access of
>> information by citizens is also anchored in the constitution under Article
>> 35 of the Constitution. But the FOI does not make any reference to the
>> method of processing or storage of that data and information by tghe public
>> bodies. Part VII, Section 49, says "Every public authority or private body
>> shall operate and maintain digital records"*
>>
>> There are two weaknesses with this particular section:
>> *
>>
>>    1. Is the Government mandated to require Private (bodies) companies
>>    to maintain digital records?* *Is this what the Bill aims to achieve?
>>    Or is it targeted at particular private bodies that deal with public data,
>>    say Banks or Hospitals? How does one differentiate? Maybe it needs to be a
>>    bit more specific
>>    2. he requirement to maintain digital records also needs to go
>>    further and demand that such records must be maintained in an open and
>>    standard format, without tying the public to specific proprietary formats.
>>    As indicated in the above excerpt from the Peruvian Act, it is pretty
>>    obvious that the technology used has a large bearing to the access of
>>    information to citizens. There are certain instances where even web based
>>    applications in certain public bodies could only work on certain browsers.
>>    This denies all the right to access such public information.
>>    At the same time, storing public data in proprietary formats means
>>    that the availability of such data in the long term depends on the survival
>>    and availability of the particular vendor (pereniality of public data).
>>    This also  extends to the processing systems.
>>
>> Fast forward to 2013, would the IEBC be able to give access to the source
>> code of the softwares that it will use in its operations for public audit
>> and scrutiny? What if someone has a problem with the electronic voter
>> registration or voting and feels that they need to have access to that code
>> so as to ensure transparency? And what about all other public bodies?
>>
>> In the mean time, if I was to ask for information from a public body,
>> what formats will I get the information in? Will those formats still be
>> supported 20 years from now? Will the vendor require that we upgrade our
>> systems (of course at additional costs) for us to continue getting access?
>>
>> To answer these questions, the FOI needs to be very specific and demand
>> that all public bodies process and store data in open and standard formats
>> that are not vendor specific, nor proprietary. As tax payers and the people
>> paying for these entities, we have a right to demand this.
>>
>>
>> --
>> *----------------------------------------------------
>> Kind Regards,
>> Evans Ikua,*
>> lanetconsulting.com,
>> lpi-eastafrica.org,
>> ict-innovation.fossfa.net,
>> Skype: @ikuae
>> Cell: +254-722-955831
>>
>>
>> _______________________________________________
>> kictanet mailing list
>> kictanet at lists.kictanet.or.ke
>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.com
>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>
>

-- 
*----------------------------------------------------
Kind Regards,
Evans Ikua,*
lanetconsulting.com,
lpi-eastafrica.org,
ict-innovation.fossfa.net,
Skype: @ikuae
Cell: +254-722-955831
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20120726/5c909fdd/attachment.htm>