Showing posts with label freedom of information. Show all posts
Showing posts with label freedom of information. Show all posts

Friday, April 15, 2016

Senior public servants need counselling, not coddling if they fear to provide frank and fearless advice under the public's gaze

This week several of Australia’s highest ranking public servants, including the Secretary of Prime Minister and Cabinet and the head of the Australian Public Service Commission, publicly endorsed the position that Australia’s current Freedom of Information laws were restricting public servants from providing frank and fearless advice to government.

To put this in context, the initial comments from theSecretary of the Department of Prime Minister and Cabinet were made on the same day that the Department was hosting civic sector leaders to cocreate the development of actions for improving Australian government transparency.

As an attendee working on the Prime Minister’s Open Government Partnership commitment (read about the OGP day here), it was unsettling and disturbing to hear the Secretary effectively undermine the work of his own excellent team, as well as the Prime Minister’s personal initiative.

The argument from the Secretaries was that public servants are being cowed by public and media scrutiny of advice they provide, and therefore either delivered their advice on potential decisions to government via routes that could not be easily FOIed (such as verbally), or were failing to be as frank and fearless as they should be.

When I worked in the public service and various Freedom of Information Law changes were underway, I did hear other public servants talk about writing less down, to protect themselves, their agency and the government (generally in that order) from the eyes of the public.

Operationally the Secretaries may have a point, some current public servants may fear public disclosure of the advice and input they provide, whether due to fears of embarrassment should the advice be incomplete or poorly considered, or due to the wide, and sometimes extreme, scenarios explored when governments are considering decisions across a broad range of controversial topics.

However this is a poor argument - any fears of embarrassment, exposure or publicity that public servants have are a failure of public sector culture, not a failure of effective governance. There's no evidence that openness has restricted the ability of public servants to give frank and fearless advice - it's only a culture of fear and secrecy that appears to prompt self-censoring behaviours.

Equally claiming that requests from media for information under FOI are a nuisance makes me seriously question the commitment to good governance of any senior public servant making this claim.

In my view any senior public servant espousing that public servants need to be coddled and protected from scrutiny in order to provide the frank and fearless advice expected in their roles needs to be counselled, rather than supported in their cultural groupthink.

The public service works for Australia, serving citizens by way of parliament and has a contractual and moral obligation to provide the best advice it can to the government of the day.

There is no caveat in this obligation for ‘the best advice that doesn’t make a public servant feel embarrassed or uncomfortable’, nor is there a caveat for ‘being inconvenienced’.

Frank and fearless advice can, and should, be given in an open environment. 

The public service should, by default, make its advice public in order to both allow the public to understand the thinking behind why certain decisions are made, or not made, and to provide the scrutiny required to ensure that the public service’s advice to parliament is comprehensive and complete.

It is possible to place systems in place to reduce the FOI burden, something that departments appear to have repeatedly preferred not to do, in favour of making it as hard as possible to identify and request information in order to discourage citizens from daring to question their public sector ‘betters’. Taking an open by default approach, and redesigning systems appropriately, would likely significantly reduce the cost and time currently spent on keeping information unnecessarily hidden.

We live in a time when it is no longer possible for an organisation to hold all the wisdom needed in decision-making. Between limits to the expertise available within an organisation, the lack of time available to busy staff to research emerging innovation ideas, staff at any large organisation will find it hard to provide a comprehensive view of a situation or the available options without external assistance.

With less scrutiny of public sector advice there’s an even lower chance than now (with current restrictions on scrutiny) that the public service will be able to effectively advise government comprehensively, leading inevitably to worse policy outcome.

This is particularly the case when innovative solutions or on-the-ground insights are required.

Nor should frank and fearless advice be career limiting when made public, or for that matter when delivered privately. Shooting the messenger is a human trait and with limited public scrutiny it can be easier for politicians or senior public servants to punish public servants who, in being frank and fearless, step beyond what is considered within an agency or portfolio as ‘acceptable options’.

Concealing decision-making processes in the shadows can easily lead to good and well-evidenced options being buried by ideologues or those who feel these options may not support their public sector empire building.

Of course more openly providing frank and fearless advice can – and will – lead to greater public and media scrutiny. There will be more brickbats than bouquets and the public service will need resilient as it shifts its culture from a fear of embarrassment to embracing public debates that enrich government decision processes.

Given the comments by Secretaries and the leadership of the APSC, such a shift to a bias to open will require a reversal of their attitudes and the culture prevalent at that level.

This culture, a remnant of these individuals’ journeys through the public service over the last twenty to forty years, may have served Australia in the past, but has now become detrimental to an effective future for the Australian Public Service and for Australia as a nation.

It will do Australia no good to have the current crop of Secretaries appoint and promote public servants sharing their views. This will only perpetuate the cultural belief that frank and fearless advice can only be provided in the dark, hidden from the citizens on whose behalf it is being made.


So it appears that for Australia to make a clean break from the ‘protect and coddle public servants’ perspective, to embrace whole-of-society governance, where decisions are made in sunlight, significant guidance and culture change counselling is required for the leadership of Australia's public service.

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Tuesday, July 28, 2015

The uneasy relationship between Freedom of Information and open data

 Freedom of Information (FOI) has always been a tricky area for governments, a delicate balance between accountability and exposure, with successive parliaments around the world tweaking their national and state FOI laws in attempts to prevent disclosures damaging to various governments of the day, while also meeting public and media demands for transparency.

We've seen the federal government in Australia retreat from some of the Freedom of Information (FOI) framework established under former governments, including the effective abolition of the Australian Information Commissioner by budget cuts, when legislation to end the office failed to pass the Senate.

With the three appointed Commissioners in the Office now having followed most of the rest of their staff into new rules, we have a temporary Australian Information Commissioner, for three months, as the government sorts out how to finally end the Office and transfer the function to a more formal, costly and time consuming review process.

This is far from the only tweak in recent times, with Australian FOI legislation also modified in 2013 under a former government to exclude parliamentary service agencies from FOI. This was termed fixing a loophole, that unfortunately allowed the public to request information such as a former speaker's expenses in detail.

Similarly in the UK it appears there's a retreat on FOI occurring, with the UK government calling an enquiry into FOI to look at whether they have the balance right.

What's interesting is that the UK is using its open data presence as part of the justification for the enquiry.

Open data and FOI are not always the same thing. Open data focuses on quantifiable datasets, generally numberical, that represents a current or past state for a given government service, or from data collected by government on a nation's social, economic or environment state.

While open data can expose issues in government, it is often used to identify opportunities and gaps that can be explored and improved on - leading to better services and outcomes.

FOI, on the other hand, is often far less about data and far more about correspondence, decisions and who made them. While open data may expose bad decisions, FOI exposes who made those bad decisions and, sometimes, the basis on which they were made.

That's why data is generally easier for government to release openly than documents. Exposing a bad decision can become a basis for better decision-making, while exposing a bad decision-maker can breach the public sector's responsibility to protect the government of the day, and their own senior staff.

I've previously spoken about the risk of governments using open data as a 'cover' for tightening FOI requirements, and in the UK case above, my concern appears to be being realised.

I've not yet seen this explicitly in Australia, however with the poor scrutiny of government in the media and our weak civic sector, it's likely to occur at some stage.

Don't get me wrong, I think it's fantastic to see the level of open data increasingly being released at federal, state and local levels across Australia. The snowball is rolling and we're beginning to see some of the value that open data enables - both within governments themselves and in association with the communities they serve.

However effective open data release should not become the primary way in which governments engage with Freedom of Information, nor a rationale for broadening exclusions to FOI.

As for FOI, we really need to rethink it at a fundamental level, politically, at public sector levels and in the community.

Currently (and from my experience within government), often those outside government are seen as 'the enemy', seeking to point the finger at people within government and 'bring them down'.

The reality is that government exists as part of society and must remain functionally effective and valuable. FOI can support this process, helping to identify issues and misconduct in order to improve trust in government and it's effectiveness in meeting community needs.

However this can only occur if those within government - and those without - treat FOI in this manner, as an accountability and transparency tool, not as a threat to their integrity.


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Friday, July 12, 2013

Will the Australian Government take an open government approach to developing its Open Government National Action Plan?

Now that Australia has finally sent a letter of intent to join the Open Government Partnership, I've been reading examples of how other jurisdictions went about developing their National Action Plans (a requirement of OGP membership) to foster and support government openness.

It is clear that one of the key attributes of the most meaningful Plans is broad engagement with external and internal stakeholders and with the public on what should be included and emphasised within the National Action Plan itself.

For example, the US's second National Action Plan states:
As it developed a U.S. National Action Plan (“National Plan”), the Federal Government engaged in extensive consultations with external stakeholders, including a broad range of civil society groups and members of the private sector. It solicited inputfrom theAdministration’s own Open Government Working Group, comprised of senior-level representatives from executive branch departments and agencies. White House policymakers also engaged the public via a series of blog posts, requesting ideas about how to focus Open Government efforts on increasing public integrity, more effectively managing public resources, and improving public services. Responsive submissions were posted online.
And Canada's National Action Plan states:
Over the past two years, we have consulted Canadians on both the development of a Digital Economy Strategy and on Open Government. Our Digital Economy consultation sought feedback from all Canadians on how to improve innovation and creativity, and achieve the shared goal of making Canada a global leader in the digital economy. More recently, in the fall of 2011, we launched a consultation to explore Canadians’ perspectives on Open Government in order to inform the development of Canada’s Action Plan on Open Government. 
In fact, it is a requirement for joining the OGP that nations engage in public consultation around their National Action Plan - not simply trump out previous consultations on related topics.

For example, the UK's draft for their second National Action Plan is currently out for public consultation at https://www.gov.uk/government/consultations/open-government-partnership-uk-draft-national-action-plan-2013

Something that will be keenly watched by the open government community in Australia is therefore not only whether the Australian Government releases a National Action Plan and completes its commitments to join the OGP, but how the Government goes about creating the plan.

This is a case of monkey see, monkey do - the tone of openness for future Australian governments could be set by how the Government consults and engages the public and external stakeholders in creating the plan.

If the Australian Government takes a 'lip service' approach, resting on past achievements and limited engagement, this will provide senior public servants with a lead that the Government wants to be seen to be open, but doesn't really wish to be open, leading to similar behaviour in future consultations and openness across the Australian Public Service (APS).

However if the Australian Government takes this opportunity to pursue a world-class approach to demonstrating it s commitment to being as open as a national government can realistically be, this sends a different signal, a signal of commitment to true transparency, which will provide a different lead to senior public servants, one which fosters ongoing commitment throughout the APS.

A lot rests on the approach the Australian Government takes to progresses its intent to join the OGP over the next few months - with a backdrop of a new Prime Minister, new Ministry and new agenda facing an upcoming federal election and an in-progress FOI review.

With the Attorney-General's Department in charge of the OGP process, rather than a government body more intimately connected with an openness agenda, we can only wait and see how the Australian Government will take this forward.

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Freedom of information advocacy: a global snapshot, from Open & Shut

I've had no time to blog this week due to family commitments, however thought it worth drawing attention to Peter Timmins' fascinating post on freedom of information, over at his Open & Shut blog.

Titled Freedom of information advocacy: a global snapshot, the post provides information on the recent report from the Freedom of Information Advocates Network about global Freedom of Information (FOI), also known as Right To Information (RTI), looking at the 95 jurisdictions (slightly under half of the world's countries) that currently have FOI or RTI laws.

Peter wrote the section for Australasia and Oceania and includes an extract in his post.

For the report itself, visit www.foiadvocates.net


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Monday, June 03, 2013

GovHack 2013 - my top ten picks

Last weekend (31 May - 2 June) was a big weekend for Government 2.0 in Australia, with the first truly national GovHack held across eight locations, including seven of Australia's eight major states and territories.

With over $170,000 in prizes, and around 100 national and local prizes on offer, GovHack 2013 attracted 900 participants, who formed into 134 teams to create 124 apps using open government data - of which 108 were submitted by deadline.

Sponsors included a range of small, medium and large companies and included a number of government agencies, who used the event for inspiration on how open data could be used to generate new insights and improve public awareness and understanding.

I was unable to attend due to personal commitments, however kept an eye on the event remotely via the #govhack tag on Twitter, the event website and the online dashboard (image above).

The event, as anticipated, resulted in some awesome visualisations, tools and ideas - ranging from the visual mapping of immigration to Australia, which put asylum seeker arrivals in proportion; to the creation of jewelry based on open data.

Some awards have already been given out, with others to be decided by Thursday.

A process of public voting for entries is now underway - and you can vote for your favourite entries at http://hackerspace.govhack.org/

However here are my top ten favourite entries this year.

Immigration in proportion

This is an awesome way to visualise immigration to Australia, the type of visualisation that governments should be using to put data in perspective.

Explanation:
A visualisation of all immigration to Australia within 2011-12, created for Govhack 2013. Each dot represents one person.

Red dot: immigration through skilled entry, family reunion or special eligibility schemes.
Blue dot: refugees who arrive by boat (IMA = irregular maritime arrival).
Green dot: refugees who arrive by plane (non-IMA).

Refugees arriving through offshore resettlement (eg, from refugee camps overseas) are not currently shown.

Data is from Department of Immigration and Citizenship and Refugee Council of Australia.

Credits: Steve Bennett, Andrew Wise, Darren Yu.




Vote for it at: http://hackerspace.govhack.org/?q=groups/asylum-seekers-proportion-and-getting-sense-scale

Trove: Open it up

While I don't care much for the word games, I love the concept of Trove having its own Captcha - which government agencies could use to enlist Australians in crowdsourcing the digitalisation of our national newspaper archive.

View it at: http://ec2-54-253-113-204.ap-southeast-2.compute.amazonaws.com/
Vote for it at: http://hackerspace.govhack.org/?q=groups/open-it

APS Jobs Gazetter

The APS Jobs Gazetter takes Australian Public Service (APS) jobs information, drawing from the (PDF) APS Jobs Gazette and presents it graphically by type of job over time, based on search terms entered.

This makes it possible to track the ebb and flow of different job types in the APS, very useful for detecting changing patterns in employment over time that simply cannot be achieved via other APS resources.

View it at: http://gazetteer.pv.tl
Vote for it at: http://hackerspace.govhack.org/?q=groups/aps-jobs-gazetteer-exploring-public-service-jobs

Australia in review

It can be difficult to get a clear picture of the Australia's past - with data spread across many sources and many accounts giving a partial sense of each year.

Australia in review is a useful addition to this area, providing a useful and usable snapshop of Australia in each of the last 40 years - with the ability to expand to provide all kinds of custom information.

View it at: http://www.bradandglen.com/govhack/
Vote for it at: http://hackerspace.govhack.org/?q=groups/australia-review-air

Deathmatch.me

There's many preconceptions about the major causes of death in Australia, and deathmatch.me takes a lighthearted approach to correcting these, by presenting causes of death in one-on-one matches to the... er... death.

View it at: http://deathmatch.me/
Vote for it at: http://hackerspace.govhack.org/?q=groups/deathmatchme

Explorations in flight

Ever been interested in seeing where people come from to visit Australia, or how this has changed over the years?

Explorations in flight provides a 20-year picture of flight arrivals and departures for Australia, showing the rise in travel and changes in origin.

View it at: http://flinklabs.com/labs/flights/
Vote for it at: http://hackerspace.govhack.org/?q=groups/explorations-flight-httpflinklabscomlabsflights

Giving kids better health outcomes

This hack isn't simply interesting, but important for supporting parents and health professionals to improve the health outcomes for their kids by understanding local issues.

The data is currently only for South Australia, but hopefully will be increased to cover the entire country.

View it at: http://www.unleashed2013.org/dashboard
Vote for it at: http://hackerspace.govhack.org/?q=groups/giving-them-better-chance-life-analytics-meets-early-childhood-development

Survival kit for international students going to NSW

This site provides information for international students on where the best places are for them to stay, relative to the university they are going to attend.

I like it because it fills a need for a group who otherwise might struggle to make the best decision for themselves due to lack of familiarity with Australia.

View it at: http://govhack2013.kelvinism.com/
Vote for it at: http://hackerspace.govhack.org/?q=groups/stay-here-not-there-survival-kit-international-students-coming-nsw

The open index

How can the public critically assess which government agencies are being the most open? For that matter, how can agencies and politicians assess this?

The open index provides a useful way of measuring openness, using a variety of measures and approaches. Agree or disagree with the weightings (and it does need some work - for example more overdue QoNs is not a good thing), it is a valuable approach for providing some kind of comparison between agencies.

View it at: http://theopenindex.org/
Vote for it at: http://hackerspace.govhack.org/?q=groups/open-index

Where do my taxes go?

I like this Govhack entry as it demystifies where tax money goes - something that is very hard to get in a snapshot from the budget or any other government information.

This is the type of tool I expect to see from modern tax agencies. The fun facts are a blast too.

View it at: http://christonkin.id.au/govhack/final/index.html
Vote for it at: http://hackerspace.govhack.org/?q=groups/where-do-my-taxes-go

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Tuesday, February 05, 2013

Mainstream media takes first steps in adopting open data hacker culture

On Monday 4 February The Age hosted the Data Newsroom event, where teams had an opportunity to dig into three previously publicly unreleased datasets,
  1. Political party funding data, which lists what companies donate money to which political parties.
  2. A database that includes the archives of all Age articles along with key words and relationships between those keywords.
  3. Weather data for Australia going back one-hundred years. 
 As reported by the Australian chapter of the Open Knowledge Foundation (OKFN), 14 teams consisting of journalists, hackers and citizens took on the challenge of producing an article from one of the datasets and convincing a 'Dragon's Den' panel of data journalists of the merits of their approach.

Four shortlisted teams got to go to the public lecture by web inventor, Sir Tim Berners-Lee, at Melbourne  University where the winner was to be announced.

To follow what happens and who wins, follow the OKFN blog at http://au.okfn.org/2013/02/05/the-data-newsroom/


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Wednesday, November 28, 2012

Open Australia launches 'Right to Know' FOI request site

The process of requesting documents from the government, though enshrined in Australian law, can be difficult for many people - taking significant time, causing significant frustration and resulting in inconsistent and substandard outcomes - as I found when asking government agencies some simple question about which public social media channels they operated and which web browsers they used.

My experience saw 25% of agencies requested never respond to the request, several more withhold information on the web browsers they used as 'commercial in confidence' (although this information is automatically transmitted to every website visited by their staff) and several others ask for up to $800 for finding the documents that provided the answer.

In many cases there was little or no information on the FOI process on agency websites and in many cases agency FOI staff contacted me to explain their FOI processes (which differed substantially amongst agencies) - adding significant cost to a process where this information could be more clearly publicly explained through agency websites.

This is, of course, a single example and doesn't represent the bulk of FOI requests - for which there's no consolidated statistical data on whether the system works well and the satisfaction of people making requests (as agencies don't assess this or aggregate this information - as they do for most other customer service processes), making it very hard to quantify how effectively the FOI system is performing other than via anecdotal views, such as mine above.

OpenAustralia has now launched a website designed to simplify the FOI process for ordinary people, making it easier for Australians to understand what they request from which government agencies and the process of making and completing these requests, as well as collecting information on the complexities and difficulties of these processes.

The website, Right to Know, is based on a UK model which has been in operation for a number of years and offers both better transparency in the FOI process as well as potentially streamlining the process for government agencies, where they will have to spend less of their valuable FOI officer time on explaining how to make valid FOI requests.

The site will also help capture released documents and collect data on the complexity and issues with FOI processes, helping the government to improve them in the future.

The site is launching at a time when the government is reviewing the operations of the revised FOI Act, and it will also be interesting to see what this review recommends - and what is ultimately done with these recommendations.

I'm hopeful that the government and public service will look on the launch of Right to Know as a positive step that supports the goals of FOI, rather than considering it as yet another impost on their operations, even if long-term FOI stalwards such as Allan Rose believe that the culture change necessary in the public service to support FOI are yet to occur.

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Monday, November 19, 2012

But we're the experts! Why the 'internal expert' democratic governance model is gradually failing and what can be done about it.

Most public sector agencies are designed as centres of expertise on policy and service delivery.

By gathering, or training, experts in a given topical area and marshalling and directing this expertise to resolve specific issues and goals, agencies have been designed to design and deliver effective and sound policy and service delivery solutions to governments for communities.

Sure these powerhouses of expertise consult a little on the fringes. They access academia and business to provide 'fringe' expertise that they cannot attract into their agencies and engage with NGOs, community groups and individual citizens to check that service delivery solutions meet the 'on-the-ground' needs of specific communities.

This is necessary for fine-tuning any policy or service solutions to meet specific needs, where cost-effective to do so.

However the main game, the real policy powerhouse, are the government agencies themselves, who take on the roles of researcher, think tank, gatekeeper, designer and deliverer through their central pool of expertise.

This is a longstanding - even 'traditional' approach to governance. It was designed and adopted in an era where geography, communication and education limited the extent and access to expertise in a nation or community. Where, often, many people were disempowered politically and economically through limited access to information and knowledge.

Consider Australia at Federation in 1901. 

The new Commonwealth Government, in addressing national issues, had to serve a population of 3.7 million people (smaller than Victoria's population today), with an average age of 22 years old, dispersed over 7.7 million square kilometres.

There was no telephone, radio, television or internet, however the overland telegraph, which gave Australia high-speed communication with the world, was 30 years old, having been completed in 1872 and extended to Perth in 1877. While most communication travelled at the speed of a fast horse, train or ship, it was possible to share information across Australia the speed of light, though at the rate of only a few messages at once. This telegraphic networked served as Australia's communication backbone for almost another fifty years, until telephones became popular after World War II from 1945.

In 1901 Australia had one of the highest literacy rates in the world (80%) with school compulsory to 13 years old, though attendance was not enforced, many remote communities didn't have access to schools and Indigenous Australians were excluded. Literacy meant basic reading and writing, with the ability to add and subtract - the books issued to 13yr olds today would have been far beyond the ability of the majority of students in 1901.

The majority of Australia's 22,000 teachers hadn't attended a teacher's college, generally serving an apprenticeship as 'pupil teachers' and few 'technical colleges' existed to teach advanced students.

In 1901 there were only 2,600 students at Australia's four universities (0.1% of our population) and CSIRO wasn't even an idea (formed 1926). There wasn't a record of how many Australians had received a university education until the 1911 Commonwealth census, which reported 2,400 students at university and 21,000 'scholars' (with their level of education undefined).

In this environment, expertise was rare and treasured. Governments employed the cream of Australia's graduates and were almost the sole source of expertise and thinking on policy issues that the new nation had to address.

The 'government as centre of expertise' model made sense, in fact it was the only viable way to develop a system capable of administering the world's smallest continent and one of the largest, and most sparsely populated, nations.


Jump forward a hundred and ten years, and Australia is one of the most connected nations on the planet, with 98% of our 22 million citizens having instant access to the world through the internet and virtually every Australian having access to telephones, radio and television.

Education is compulsory to 15 or 17, with the majority of teachers tertiary educated and school attendance strictly enforced - including for Indigenous Austalians. We have about 41 universities, ten times as many as in 1901, as well as over 150 other tertiary institutions, with over 21% of Australians having received tertiary education.


As a result, the 'government agency as expert' model is failing.

Across our population there's far more expertise outside of government than within. Governments struggle to attract and retain talent in a global market, hamstringing themselves by restricting employment to Australian citizens, while the commercial sector internationally will happily take Australia's best trained minds and put them to use elsewhere in the world.

Despite this, government's basic model has barely changed. Agencies are structured and act as 'centres of expertise' on policy and service delivery topics.

True, there's a little more interaction with academia, with business and even with citizens. However agencies remain structured as 'centres of expertise' for policy design and service delivery, designed to serve communities with limited communication or education - limited capability to do for themselves.

This model may remain effective in certain parts of the world, in nations where literacy is low, geography remains a barrier and communication infrastructure is weak - like Papua New Guinea, regions in the Amazon and some other remote areas and developing nations.

However in developed nations, with high literacy, substantial tertiary education, where geography is no limit to communication and access to media and internet are almost universal, does the approach retain the same merit?

A 'centre of expertise' approach also has many downside risks which are necessary features of the system, providing the separation and public trust required by governments to operate in this way.

For example, when government agencies structure themselves as the experts, they need to maintain a level of mystique and authority to justify public trust that they are providing the best advice and solutions. 

Just like a religion has special rituals, and restaurants rarely let you see how their kitchens operate in order to preserve the trust of their worshippers and customers, government agencies conceal their day-to-day operations from scrutiny to maintain a mystique of expertise and create a clear separation between the 'agency business' of government and the external workings of society. 

This often involves keeping policy development processes hidden behind a wall of secrecy, bureaucratic language and bizarre semi-ritualistic procedures. 

This is also why, despite FOI and other approaches, governments largely remain secretive about their processes for designing policy. They can be messy, which may reduce trust and call into question the expertise of the agency or government.

As a result, if you're not a policy expert, in most countries it is unlikely that ordinary citizens have much knowledge of how an agency has developed a given policy, who was involved (formally or informally) or why certain decisions were reached. These activities are done behind closed doors - in the confessional, behind the kitchen wall, backstage - with all their inherent messiness, testing of 'dangerous' ideas and economic modelling of who wins and who loses with any specific decision treated as confidential and secret knowledge.

This leads to a second issue and a rationalisation. As the public isn't aware of how a specific policy or service was developed, generally seeing only the final 'packaged' solution, agencies can reasonably and logically argue that the majority of the public have little to add to the policy process. 

'Expert' policy officers can argue that; the public doesn't have sufficient context, doesn't have all the facts, doesn't understand the consequences of decisions or the trade-offs that had to be made.

And of course this is true. Because the public were not part of the process, they did not go on the same journey that the public sector 'experts' went on to reach a particular policy conclusion.

The public is told 'trust us, we're the experts', and again this is indeed true. Only the policy insiders had the opportunity to become the experts, all others were kept outside the process and therefore can never fully understand the outcome. 

Success in implementing policies and services relies on the public trusting agencies and governments to be the experts. To trust them to do their jobs as the 'experts' who 'know better' than the community. However the 'secret agency business' of policy and service design can feed on itself. Government may attempt to keep more and more from their citizens as, from their perspective, the more they reveal the less the public trust agencies. 

This is a tenuous approach to trust in modern society, where scrutiny is intense and every individual has a public voice.

If the agency policy experts, in their rush to meet a government timetable, overlooked one factor, or misunderstood community needs, a policy can quickly unravel and, like an emperor with no clothes, the public can rapidly lose faith and trust in government to deliver appropriate solutions.

In this situation it is rare that an expertise-based agency or government will be willing to publicly admit that they misunderstood the issue, convenes the people affected and expertise in the community and discusses it until they have a workable solution. It does happen, but it is the exception not the rule.

Instead, the first reaction to external scrutiny is often to protect their position and justify why the public should trust them. They may draw the wagons round, either seeking to bluff their way through ('you don't understand why we made these decisions, but trust us'), 'hide' the failure under a barrel (it was a draft, here's the real policy), or to tell the public that the agency will fix the issue ('trust us this second time'). 

In some extreme examples, governments may even cross lines to protect their perceived trust and reputation - concealing information or discrediting external expertise in order to justify the expertise inside their walls and try to regain public trust.

There are other risks as well to the government as expert model. Policy experts, who have worked in the field a long time, may not accept the expertise of 'outsiders' who appear to be interloping on their territory ' who are they to tell us what we should do'. Agency experts may become out-of-date due to not working in a field practically for a long time, they may hire the wrong experts, or simply not hire experts at all and attempt to create them. 

In all these cases, agencies have a strong structural need to preserve public trust and their integrity - which may often exhibit itself as 'protecting' their internal experts from external scrutiny, or otherwise attempting to prevent any loss of reputation through being exposed as providing less than good advice.

These risks mean that the government as expert model is under increasing pressure.

A more educated and informed citizenry, with high levels of access to publication tools means that every public agency mistake and misstep can be identified, scrutinised, analysed and shared widely.

Each policy failure and example of a government agency protecting itself at the expense of the community. Each allegation of corruption, fraud or negligent practice - whether at local, state or national level - contributes to a reduction in trust and respect that affects most, if not all, of government. 

Of course this government as expert model hasn't completely failed. There are areas that the community isn't interested in, where the government is indeed the expert or where it would be dangerous to release information into the public eye - where we do have to trust the governments we elect to act in our best interests without the ability to scrutinise their decisions. These areas are shrinking, but some are likely to always remain.

However the model started fraying around the edges some time ago and we see it represented today in the increasing lack of respect or trust in government. 

Citizens don't compartmentalise these failures in ways that governments hope they will, often seeing them as systemic failures rather than individual issues.

As a result citizens trust governments less, have less faith that governments can develop appropriate policies and services and turn even more scrutiny onto agencies - even when unwarranted.

The failures of the government as expert model are only likely to grow and extend, with greater scrutiny and greater pressure on agencies to perform. This, unfortunately, is likely to lead to more errors, not less, as governments seek to make faster decisions with fewer internal resources, less experts, less time.

So how does this failing model get resolved? What are the alternatives approach that governments can adopt to remain effective, relevant and functional in a society with high literacy, education, access to information and almost universal capability to publicly analyse government performance?

In my view the main solution is for governments, except in specific secure topics, to turn themselves inside out - changing their approach from being policy and service deliver 'centres of expertise' to being policy and service delivery 'convenors and implementors'.

Rather than seeking to hire experts and design policy and services internally, agencies need to hire people who can convene expertise within communities and from stakeholders, marshalling it to design policy and codesign service and focus on supporting this process with their expertise in structuring these approaches to fit the realities of government and implementing the necessary solutions.

This approach involves an entirely transparent design process (for both policies and services), making it possible to inform and engage the community at every step.

Within this approach, government agencies gain the trust of the community through managing the process and outcomes, not through being the expert holding the wisdom. The community doesn't need to trust a black box process, it comes on the journey alongside the agency, developing a deeper and richer trust and support for the outcomes. As a result, the energy of the community is aligned to support the agency in making the policy succeed, rather than being disengaged, or actively opposing the policy and leading to failure.

Government becomes an active participant and enabler of the community, reducing the cost of communicating information and influencing citizen ideas as citizens are influenced through their participation or observation of the proces.

This approach does require substantial education - both within government and within the community - to ensure that all participants are aware and actively engaged in their new roles. It can't, and shouldn't, be introduced into all agencies overnight and there are some policy requirements where security should take precedence and processes cannot be as fully revealed.

However the approach could be introduced relatively easily (and some governments around the world have done this already). For instance, a government could select three to five issues and put together taskforces responsible for taking a collaborative approach to deliver specific policy or service solutions. 

These taskforces provide a 'public secretariat' for managing community and stakeholder involvement, acting as facilitators, not operators, to marshal community engagement in the design process.

This could even be done at arms length from a government, with taskforces drawing on expertise from outside public sector culture to avoid accidental imposition of elements of a central command and control model, provided they include core skills from the public sector necessary to ensure the policies or services developed can be effectively and practically implemented by government.

This process would test the public policy design model, capturing learnings and experiences - not from a single process run once, but from an parallel process, with multiple taskforces running at the same time to test the real-world impact in a reduced timeframe. Learnings from the taskforces would be aggregated and used to build a more complete understanding of how to adopt the approach more widely within agencies.

Provided governments committed to the outcomes of these processes, and selected issues of interest to the community, this approach would provide solid evidence for the effectiveness (or otherwise) of a facilitation/implementation, rather than an internal expertise, approach to governance.

Alongside this moderated approach to public policy development, a complementary citizen-led policy engagement approach could be introduced using an ePetition or ePolicy methodology.

Mirroring the approach taken in other jurisdictions, where the community is given a method to propose, develop and have debated in parliament, citizen policy and legislation, this would provide another route for citizens to engage with and understand the complexity of policy development and build an alternative route for high-attention issues for which governments are not prepared to take immediate action.

This approach has been adopted in several forms overseas, such as the ePetition approaches in the US and UK, where any petition with sufficient votes receives the attention of the government and, in the case of the UK, is debated in Parliament.

more rigorous model is used in Latvia, where citizens are supported to design actual legislation online and, if they can marshall sufficient support, their bills go to parliament, they get to speak on them and the parliament votes them up or down.

This last model is beginning to be introduced in Scandinavian countries and Switzerland has long had a similar process, pre-dating the internet, which allows greater participation by citizens in decisions.

So, in summary, the 'internal expert' model designed for use in nations with limited literacy and education and poor communication, is failing to serve the needs of highly educated and connected nations, such as Australia, leading to increasing citizen concern and plummeting trust in governments.

To address this, governments need to adapt their approaches to suit the new realities - environments where there are more experts outside of government than inside and where citizens can universally scrutinise governments and publish facts, analysis and opinions which serve to increasingly force governments into difficult and untenable positions.

The key changes governments need to make is to turn themselves 'inside out' - exposing their policy and service delivery design and development processes to public scrutiny and engagement and becoming facilitators and implementors of public policy, rather than the expert creators of it.

While some areas of governance need to remain 'black boxes', many can be opened up to public participation, building trust with communities by bringing citizens on the journey with agencies to reach the most practical and appropriate solutions.

This will rebuild trust in governance and allow governments to improve their productivity and performance by tapping a greater range of expertise and building an easier path to implementation, where citizens support agencies, rather than oppose them.

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Tuesday, November 06, 2012

OpenAustralia Hack(s)fest on FOI - for hackers, media, activists & FOI gurus

The OpenAustralia Foundation will be holding the first Australian Hack(s)fest as part of the countdown to the launch of their new FOI assistance site, designed to make it easier for ordinary Australians to put in FOI requests to Commonwealth agencies.

The event, being held in Sydney at Google's office, will be held on the weekend of 17-18 November.

For more details and to register, visit: www.openaustraliafoundation.org.au/2012/11/05/youre-invited-to-our-freedom-of-information-hacksfest/

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Monday, October 29, 2012

Why do agencies struggle with FOI and open data so much?

The linked email conversation (in a blog post), Freedom of Information Request for Classification Data, provides an interesting insight into the struggles government agencies are having with FOI and open data and with the difficulties applicants are having accessing data which should be available in reusable formats.

In this case information which is publicly available and searchable has been made less accessible by an agency in their site (breaking a site scraper). Then after the developer asks the agency for access to the data under FOI the agency (after several delays) offers to make it available for $4,000.

As far as can be determined from the information provided, the process for releasing the data - which is already in a database - simply requires a single SQL command.

The appearance is that the agency is being badly let down by its IT systems or staff - or that it is unwilling to provide the data.

Either situation is a sad reflection on the agency and on the commitment of the government to openness.

I'll keep tracking this request - as are also a number of people in the open data space - to see how it is resolved, and how long it takes to do so.

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Wednesday, October 24, 2012

Free our data - a great presentation from Pia Waugh

Open Data advocate Pia Waugh spoke recently on the topic of freeing government data at Ignite Sydney 9 (an event where speakers get five minutes and 20 slides to say their piece).

It provides a strong view as to why governments need to open up data to the community and is definitely worth viewing and sharing.

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Tuesday, May 22, 2012

Standardising content across government (or why does every agency have a different privacy policy?)

Every government website serves a different purpose and a different audience, however there are also standard content every site must have and legislation and standardised policies they must follow.

This includes content such as a privacy policy, legal disclaimer,  terms of use, accessibility statement, copyright, social media channels, contact page, information publication (FOI) pages and so on. It also includes the navigational structure and internal ordering of pages and the web addresses to access this content (such as for 'about us' pages).

So is there a case to standardise the templates and/or content of these pages and where to find them in websites across government?

I think so.

From an audience perspective, there is a strong case to do so. Citizens often use multiple government websites and it makes their experience more streamlined and efficient if they can find what they need in a consistent place (such as www.agency.gov.au/privacy), written in a consistent format and, where possible, using identical or near identical language.

It would also save money and time. Rather than having to write and seek legal approval for the full page content (such as for privacy information), only agency-specific parts would need writing or approval. Websites could be established more rapidly using the standard content pages and lawyers could focus on higher value tasks.

To put a number on the current cost of individually creating standard, if you assume it cost, in time and effort, around $500 to develop a privacy policy and that there are around 941 government websites (according to Government's online info offensive a flop), it would have cost up to $470,500 for individual privacy policies for all sites. Multiple this by the number of potentially standardisable pages and the millions begin adding up.

Standardisation could even minimise legal risks. It removes a potential point of failure from agencies who are not resourced or have the expertise to create appropriate policies and expose themselves to greater risks - such as over poorly written legal disclaimers which leave them open to being sued by citizens.

In some cases it may be possible to use the same standard text, with a few optional inclusions or agency-specific variations - such as for privacy policies, disclaimers, accessibility statements, terms of use, and similar standard pages.

In other cases it won't be possible to use the same content (such as for 'about us' pages), however the location and structure of the page can be similar - still providing public benefits.

Let's take privacy policies specifically for a moment.There's incredible diversity of privacy policies across Australian Government websites, although they are all subject to the same legislation (the Privacy Act 1988) and largely cover the same topics (with some variation in detail).

While this is good for lawyers, who get to write or review these policies, it may not be as good for citizens - who need to contend with different policies when they seek to register for updates or services.

Many government privacy policies are reviewed rarely, due to time and resource constraints, which may place agencies at risk where the use of new tools (such as Youtube, Slideshare and Scribd) to embed or manipulate content within agency sites can expose users unknowingly to the privacy conditions of third party sites (see how we handled these in myregion's privacy policy with an extendable third party section).

So, how would government go about standardisation? Although effectively a single entity, the government functions as a group of agencies who set their own policies and manage their own risks.

With the existence and role of AGIMO, and the WebGuide, there is a central forum for providing model content to reflect the minimum standard agencies must meet. There are mandatory guidelines for agencies, such as for privacy, however limited guidance on how to meet it. A standard privacy policy could be included and promoted as a base for other agencies to work from, or even provided as an inclusion for sites who wanted to have a policy which was centrally maintained and auto-updated.

Alternatively web managers across government could work together, through a service such as GovDex, to create and maintain standard pages using a wiki-based approach. This would allow for a consistently improving standard and garner grassroots buy-in, plus leverage the skills of the most experienced web masters.

There's undoubtably other ways to move towards standardised pages, even simply within an agency, which itself can be a struggle for those with many websites and decentralised web management.


Regardless of the method selected, the case should receive consideration. Does government really need hundreds of versions of what is standard content, or only a few?


Examples of government privacy policies (spot the similarities and differences):

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Friday, March 09, 2012

The challenge of using Freedom of Information for good

I'm a big supporter of Freedom of Information (FOI) laws and the rights of citizens to access information from their government to better understand the processes and data considered around how decisions are made and policies formed.

I am also a big supporter of FOI as a tool for public good - including for sharing information that is useful within government and for businesses seeking to engage government agencies on a commercial basis.

As such, I put in an FOI request yesterday to the full list of FOI contacts for the Australian Government I collated for the following information:
  • The web browsers approved and used across department hardware (desktop, laptop, tablets and mobile).
  • Whether the agency had a staff social media policy and what it contained.
  • Whether the agency provided additional guidance and training for staff on social media and what these contained.
  • What social media channels were blocked by the agency.
  • What plans the agency had approved to change any of the above.

This information is enormously useful for businesses seeking to engage with government.

Companies seeking to do business with government need their websites to be visible and usable to agencies - hence they must support the web browser technologies that agencies are using. For those that sell online services it is even more crucial that their apps and systems are accessible to agencies, otherwise they can't do business. Equally web developers seeking to sell to government need to understand the browsers their websites will need to support before quoting as older web browsers can add significant cost to a website's development.

Many companies today use social media channels to inform audiences, promote their products and provide support and assistance - a video walk-through, a support forum or product roadmap blog. They need to know whether government agencies block these channels so they can make specific arrangements to ensure they are able to competitively service and support agencies that do.

A number of government agencies are currently in the process of developing social media policies, guidelines and training. I have received many requests over the last few years from people in all parts of government asking if I am aware of other similar policies and guidelines they can borrow from and build on.

I provide what I can, however there's no central repository for this information in Australian government (though there is an international site, the Online Database of Social Media Policies). A central place to find this information would greatly reduce the time and resourcing cost for sourcing models to build from and greatly improve the initial quality of the efforts of agencies.

I also plan on publishing all the correspondence I have with agencies on a new website (foiaustralia.net.au - not yet in place), to help open up the process of making FOI requests, which is still foreign to many people across the community, despite the improvements made in recent revisions of the law.


I attempted to structure my FOI request in a format which would make it easier for agencies to respond - and easier for me to collate and publish the information at a central online location - saving time and money all round... or so I thought. (see my request here)

Unfortunately there's a stricture in FOI law where the information requested needs to be stored in 'documents'.

Although I did specify the documents I requested, this wasn't in a particularly overt fashion and appears to be being overlooked or misunderstood by agencies, some of who are (very rapidly) beginning to respond to my request.

These documents included:
  • Their Standard Operating Environment documentation, which should specify the web browsers officially supported and deployed by platform and the filtering technologies used, including the social media platforms blocked and coached.
  • Their social media policy and associated guidelines for staff. 
  • A register of the social media channels operated by their agency.
  • Internal briefs and strategies related to the use of social media channels by their agency and staff.
I also asked informational questions about the official plans of the agency, such as whether they planned on updating their web browers in the next twelve months, whether they planned to create a social media policy when they had none, whether they planned on unblocking or blocking additional social media channels and how they used their official social media channels.

I have encountered a few minor issues, that I will be progressively sharing with the Office of the Australian Information Commissioner and publishing in due course - a major agency whose published FOI email address is not working, a major and several minor agencies that do not provide electronic FOI contacts at all on their site, spelling mistakes and poor grammar in automated FOI responses.


However the overwhelming issue I am encountering is that it appears that much of the information I am requesting is not stored in 'documents'. It is known and shared within the agency, but is not FOIable if not recorded in the appropriate format.

The flaw I see is in the use and interpretation of the word 'document' - a discrete, paper-like format which doesn't describe much of the information and data stored and distributed within organisations today.

In the future we're likely to see even less information in 'documents' - a thousands of years old archaic mode of information storage - and more information stored in fragments and tables, shared electronically via transient communication tools.

While I totally appreciate agencies sticking to the letter of FOI - that information must be in a structured document, which an FOI requester must specifically request - the opaqueness of public agencies to the public (in knowing which document to request), the increasing range of information in forms other than documents and the danger that agencies, following poor business practice, do not create documents with some important information in order to avoid being FOIed, risks undermining the spirit of Freedom of Information.

I appreciate governments applauding their own successes at openness and transparency - at legislation where the only excuses remaining for not releasing information are privacy, commercial confidentiality and national security.

However they are still overlooking the major and persistant barriers to real freedom of information - the implied need for the requester to already know precisely what documents to ask for and the explicit requirement for that information to be stored in one specific format, a 'document'.

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Wednesday, March 07, 2012

The elephant in the room

In case you've not read it yet, Steve Davies wrote an interesting piece on the government's grapple to adapt to and adopt Gov 2.0 thinking and practice. Published in the Canberra Times and Brisbane Times, the piece highlights that the elephant in the room is the culture of the APS, which is not always supportive of new ways of thinking and doing. It is worth a read. The article is titled The paranoia that will shut government.

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Saturday, February 04, 2012

How easy is it really to source information from Australian governments?

On behalf of a friend I've been looking into the contact information for Freedom of Information (FOI) requests across Australia's Commonwealth and state/territory governments.

While I believe that Australia has good Freedom of Information laws (though I know some would disagree), the real tests of this are whether people are aware of their rights and how difficult it is to identify the right FOI contacts and the complexity of the processes to release information.

Working in government, I have contributed to FOI processes from the inside and studied the legislation and processes of some agencies, however I've personally never asked a government agency for information.

From my brief look into sourcing information, and from my friend's perspective, while legislation is in place and even recognising the internal cost and resourcing challenges of FOI, there's a lot still to be done to create a standard and usable framework for people to find out about FOI and contact agencies at both state and federal levels.

For example, only two states or territories (WA and VIC) have an obvious central FOI site for their governments. foi.wa.gov.au and foi.vic.gov.au.

Queensland has a similar site, at www.rti.qld.gov.au reflecting their 'Right To Information' legislation. While this is internally logical, it doesn't make sense in a broader usability context. At least if you do try to go to foi.qld.gov.au it does redirect you to the site.

The other states and territories hide their central FOI sites away behind strange and convoluted web addresses in agencies that make administrative sense within government, but may not be as obvious to the public.

For example, the site that appeared to be the central FOI information source for NSW has the web address of: http://www.ombo.nsw.gov.au/complaints/freedominfo.html (though I could be wrong - which also points to an issue) and Tasmania appears to uses http://www.ombudsman.tas.gov.au/right_to_information2/rti_process

None of these sites is actually the central repository of information released by these governments - which would also be immensely useful. Instead they are informational sites which push people to contact individual agencies for specific FOI requests.

If I were asked I would recommend that all state and territory governments - and the Australian Government - use a standard FOI website address, and cross-link them for people who end up at the wrong one. Regardless of legislation name or the organisation which centrally administers FOI legislation, these sites should be found at foi..gov.au (or for the Commonwealth at foi.gov.au).

These sites should also become the central release points for FOI information, using modern web technologies such as APIs, or even ATOM/RSS to aggregate FOIed information from all agencies. The information could be retained by agencies, but have the central FOI site as a searchable directory of FOI releases pointing to individual agencies - like data.gov.au's role for public sector information (open data).

From there I'd also advocate that agencies similarly apply a standard approach to FOI, using foi..gov.au and foi...gov.au for state and territory agencies.

This consistency would, at least, mean that people could be educated consistently on where to go to find out their rights and exercise them.

Moving on to individual agency contact information, I've looked into whether there is a single list at Commonwealth level for all FOI contacts across all agencies.

I did find that the Department of Prime Minister and Cabinet maintained a list of agencies with FOI Contact Officer phone numbers - an excellent start. However as it was last updated in September 2011 it had not yet captured the machinery of government changes in the last Ministerial reshuffle.

The list did not, however, provide website or email addresses - channels most people today prefer to find government information (as AGIMO's latest report on Interacting with Government ‑ Australians’ use and satisfaction with e-Government Services 2011 will tell you).

Fortunately, via Twitter, @Maxious let me know that OpenAustralia had compiled a spreadsheet of Australian Government FOI contacts based on the agencies and Ministers subject to FOI from the Office of the Information Commissioner FOI Annual Report for 2010-11 (released in July 2011) and updated for the machinery of government changes last December.

This spreadsheet contained 12% more agencies and Ministers than the list provided on the website of the Department of Prime Minister and Cabinet. However while it contained email and website addresses, the OpenAustralia spreadsheet didn't containcontact phone numbers.

So I spent about an hour matching the two lists and have released the combined information as a Google spreadsheet, FOI contacts for Australian government agencies.

This spreadsheet contains FOI contact details for 355 Australian Government agencies with varying levels of details (phone numbers for 86%, email addresses for 66% and FOI web pages for 60%).

It also contains information for state and territory central FOI agencies.

If anyone out there is interested in FOI I would appreciate if you added to the list, filling in any gaps :)

Looking at the list, there is enormous variability in the email addresses and web addresses used for FOI contacts. Surely the Australian Government could mandate for a standard foi@.gov.au for email and foi..gov.au for websites.

Also agencies could ensure they have appropriate search strategies in place to make this information easily findable in their sites - creating a google site map (which has many other agency benefits) and adding rules in their site's internal search engine to ensure that searches for 'FOI', 'Freedom of Information', 'Information', 'My Information', 'Right to Information' and similar terms (drawing from internal search reports) have the FOI page as their top or preferred result.

These steps would be far more useful in helping Australians locate and access FOI information than many more expensive and difficult activities.

Also, surely someone in government (perhaps the Office of the Information Commissioner) could maintain a public list of FOI contacts - set-up in such a way that agencies could maintain their own information and receive regular automated emails every six months or so to confirm their information remains correct.

This could even draw from the list I've compiled from the Department of Prime Minister and Cabinet and OpenAustralia lists to start it off.

State and territory governments could do likewise - and perhaps link their lists to the Australian Government's list, so that the public - who often have no idea whether they need to go to a state/territory or Commonwealth agency for certain information - have a better chance of figuring out who they should first contact.

Freedom of Information is important and necessary for any democratic society. However simply having the legislation in place is not enough.

Governments need to take steps, such as I've suggested above, to make it easy to discover who to contact and explaining the process of how to contact them and what information may be released.

Without these steps, 'Freedom of Information' or 'Right to Information' become meaningless catchcries.

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