[kictanet] Freedom of Information Bill and Open Standards

Thu Jul 26 12:56:58 EAT 2012

Many government bodies do not have data in electronic form at all, open or
otherwise; ego requesting data in an open format is moot
On 26 Jul 2012 12:23, "Evans Ikua" <ikua.evans at gmail.com> wrote:

> 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
>>>
>>>
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>>
>>
>
>
> --
> *----------------------------------------------------
> Kind Regards,
> Evans Ikua,*
> lanetconsulting.com,
> lpi-eastafrica.org,
> ict-innovation.fossfa.net,
> Skype: @ikuae
> Cell: +254-722-955831
>
>
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> 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.
>
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