Re: [kictanet] Day 3: What Policies should inform the FOI?
Hi, Thanks Walu. Between my Intro and your post I think that is the summary for the day! Alex, I am making a comment on your post too. Oh well, day 4 approaches. All the three days themes are open to all until friday when I must summarise al comments to present on Tuesday 20th . Kihanya ----- Original Message ---- From: John Walubengo <jwalu@yahoo.com> To: kihanyajn@yahoo.com Sent: Wednesday, February 14, 2007 3:42:08 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI? 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@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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Interesting and relevant news I have bumbed into below: Boost to media freedom as court dismisses State order By Jibril Adan(STANDARD NEWSPAPER 14th Feb 2007) Press freedom received a major boost after the High Court stopped a Government attempt to muzzle the media. While nullifying a law requiring all television stations to submit what they intend to broadcast for approval, the court said there was no pressing social need for the intended act. It said the planned move amounted to infringement of Kenyans rights. The law would even have required media houses to seek clearance for live broadcasts. "This is an outrage and an affront to democracy," said a Bench comprising Justice Joseph Nyamu and Justice Milton Makhandia. They were giving their verdict in a case challenging a Kenya Gazette notice issued by then Information minister, Mr Musalia Mudavadi. The Story continues in todays Standard Daily @ http://www.eastandard.net/hm_news/news.php?articleid=1143964847 walu. nb: mmhh...I would have imagined the current .KE government would have withdrawn such a case rather than let it run into the current embarassing ruling. But maybe...could there be a chance that there are some people (in Govt) who may have wanted to win such a case? Interesting development and ruling... --- joseph kihanya <kihanyajn@yahoo.com> wrote:
Hi,
Thanks Walu.
Between my Intro and your post I think that is the summary for the day!
Alex, I am making a comment on your post too.
Oh well, day 4 approaches.
All the three days themes are open to all until friday when I must summarise al comments to present on Tuesday 20th .
Kihanya
----- Original Message ---- From: John Walubengo <jwalu@yahoo.com> To: kihanyajn@yahoo.com Sent: Wednesday, February 14, 2007 3:42:08 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI?
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@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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Generally, Motive Theory: The media understand and confront governments in an organised and best sustained manner because they make their money informing on ugly government under-belly. Governments view snoopy media as "spoilers" of their *absolute* authority.In this case, the media rightfully deserves an elevated status on FOI(A) The day the media and government agree 100 per cent, I will apply to have my name changed. Having said that, there my also be a need to have a media watch institute to check on coverage excesses (such as elections coverage) for the sake of consumers bombarded with conflicting messages. rgds, Alex John Walubengo <jwalu@yahoo.com> wrote: Interesting and relevant news I have bumbed into below: Boost to media freedom as court dismisses State order By Jibril Adan(STANDARD NEWSPAPER 14th Feb 2007) Press freedom received a major boost after the High Court stopped a Government attempt to muzzle the media. While nullifying a law requiring all television stations to submit what they intend to broadcast for approval, the court said there was no pressing social need for the intended act. It said the planned move amounted to infringement of Kenyans rights. The law would even have required media houses to seek clearance for live broadcasts. "This is an outrage and an affront to democracy," said a Bench comprising Justice Joseph Nyamu and Justice Milton Makhandia. They were giving their verdict in a case challenging a Kenya Gazette notice issued by then Information minister, Mr Musalia Mudavadi. The Story continues in todays Standard Daily @ http://www.eastandard.net/hm_news/news.php?articleid=1143964847 walu. nb: mmhh...I would have imagined the current .KE government would have withdrawn such a case rather than let it run into the current embarassing ruling. But maybe...could there be a chance that there are some people (in Govt) who may have wanted to win such a case? Interesting development and ruling... --- joseph kihanya wrote:
Hi,
Thanks Walu.
Between my Intro and your post I think that is the summary for the day!
Alex, I am making a comment on your post too.
Oh well, day 4 approaches.
All the three days themes are open to all until friday when I must summarise al comments to present on Tuesday 20th .
Kihanya
----- Original Message ---- From: John Walubengo To: kihanyajn@yahoo.com Sent: Wednesday, February 14, 2007 3:42:08 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI?
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 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
____________________________________________________________________________________
Finding fabulous fares is fun. Let Yahoo! FareChase search your favorite travel sites to find flight and hotel bargains. http://farechase.yahoo.com/promo-generic-14795097
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Agree with Rose. The right to information is the bedrock of all other human rights. The United Nations recognized this in 1946 when the General Assembly resolved: "Freedom of Information is a fundamental human right and the touchstone for all freedom. In its most basic form, a right to information ensures the people of a democracy: they have the right to demand and receive information from their government and place an additional obligation on the government to pro-actively disclose key information to the public. It also allows citizens to secure information from private bodies where it is necessary for the protection or exercise of their rights. It is an excellent tool in the fight against corruption and provides a mechanism for deepening the public's engagement in development activities and to meaningfully engage and participate in democracy. So we should.no.must consider the proposed policy within a broader human rights framework. Best alice ----- Original Message ----- From: "Rose Lukalo" <rlukalo@hotmail.com> To: <alice@apc.org> Sent: Thursday, February 15, 2007 7:14 AM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI?
Hi and thans for signing me onto this mailing list.
I want to support the sentiments of Walu with regard to broadening the policy discussion and turning the focus of FOI away from the media-government nexus. We must refocus the whole purpose to emphasize the place of FOI in human and people's rights.
Media only ride on the basic right of each Kenyan to access any information that affects or influences their ability to fully enjoy their rights. That would include information held by non-governmental actors as well as government - industries that release pollutants into water or air or fail to disclose harmful ingredients in their products; NGOs that handle funds in the names of communities or fail to make honest disclosure of the purpose for which they ask communities for data; government agents holding information that affects an individuals land rights, health rights, right to justice etc.
When we curtail the discussion to media rights then we short-circuit the possibility of enabling people to see the broad contribution that such legislation could make to our progress as a country and we encourage the resistance to this bill.
Rose Lukalo-Owino
------------------------------------------------------------------------------ From: joseph kihanya <kihanyajn@yahoo.com> Reply-To: Kenya ICT Action Network - KICTANet <kictanet@kictanet.or.ke> To: rlukalo@hotmail.com Subject: Re: [kictanet] Day 3: What Policies should inform the FOI? Date: Wed, 14 Feb 2007 06:21:40 -0800 (PST) Hi,
Thanks Walu.
Between my Intro and your post I think that is the summary for the day!
Alex, I am making a comment on your post too.
Oh well, day 4 approaches.
All the three days themes are open to all until friday when I must summarise al comments to present on Tuesday 20th .
Kihanya
----- Original Message ---- From: John Walubengo <jwalu@yahoo.com> To: kihanyajn@yahoo.com Sent: Wednesday, February 14, 2007 3:42:08 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI?
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@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
____________________________________________________________________________________
Finding fabulous fares is fun. Let Yahoo! FareChase search your favorite travel sites to find flight and hotel bargains. http://farechase.yahoo.com/promo-generic-14795097
_______________________________________________ kictanet mailing list kictanet@kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet
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participants (5)
-
Alex Gakuru -
alice＠apc.org -
John Walubengo -
joseph kihanya -
Rose Lukalo