International Conference Report
The Scottish Information Commissioner's report from the 2nd International Information Commissioners Conference, Capetown, South Africa, 1-3 February 2004.
The Conference was built around country reports by Commissioners or equivalents from those countries represented.
In addition there was a more detailed discussion of the situation in South Africa, with presentations from the South African Human Rights Commission and by the Open Democracy Advice Centre, an NGO established to promote open and transparent democracy, and foster a culture of corporate and government accountability.
The event was attended by the official representatives from the countries below but also by members of the South Africa Government Department of Justice; South African History Archives, and the Human Rights Commission plus various MPs and government officials. In addition there were visiting academics and researchers from the UK, India, Ghana, and Kenya.
Official representation
Summary of Key Issues
- Interface between public information and commercial interests especially where businesses receive state subsidies or contracts or carry out activities on behalf of the state.
- The effect on FOI legislation of subsequent amendments, extension to secrecy laws or imposition of charges
- The need for enforcement of FOI laws and access to independent, inexpensive redress.
- The lack of requirements on public authorities to produce information and poor record management of existing information.
- The prevalence of deemed refusal by authorities in receipt of requests.
Report on Comparative Research
ODAC take test cases to law; promote the South Africa Promotion of Access to Information Act 2000 and also assist potential whistleblowers under the Protected Disclosures Act 2000.
ODAC has participated in a programme of comparative research to test existing FOI regimes. A number of societal groups were asked to make requests of specific public authorities e.g. central govt, local government etc. and to record their experience.
In South Africa 52% of requests simply received no reply by the due date. This is termed 'mute refusal.' In South Africa failure to provide information can only be confronted in court. Where court action is taken cases are often settled out of court so that jurisprudence and a body of case law are not established.
According to ODAC what is needed is a 'speedy, accessible, inexpensive, enforceable means of redress.