Open government is the governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction it opposes reason of state and other considerations, which have tended to legitimize extensive state secrecy. The origins of open government arguments can be dated to the time of the European Enlightenment: to debates about the proper construction of a then nascent democratic society.
Components
The concept of Open Government is broad in scope but is most
often connected to ideas of government transparency and accountability.
One definition, published by The Quality of Government institute at the
University of Gothenburg, limits government openness to information
released by the government, or the extent to which citizens can request
and receive information that is not already published. Harlan Yu and David G. Robinson specify the distinction between Open Data
and open government in their paper “The New Ambiguity of “Open
Government”. They define open government in terms of service delivery
and public accountability. They argue that technology can be used to
facilitate disclosure of information, but that the use of open data
technologies does not necessarily equate accountability.
The OECD
approaches open government through the following categories: whole of
government coordination, civic engagement and access to information,
budget transparency, integrity and the fight against corruption, use of
technology, and local development.
History
The
term 'open government' originated in the United States after World War
II. Wallace Parks, who served on a subcommittee on Government
Information created by the U.S. Congress, introduce the term in his 1957
article “The Open Government Principle: Applying the Right to Know
under the Constitution.” After this and after the passing of the Freedom
of Information Act (FOIA) in 1966, federal courts began using the term
as a synonym for government transparency.
Although this was the first time that ‘open government’ was
introduced the concept of transparency and accountability in government
can be traced back to Ancient Greece in fifth century B.C.E. Athens
where different legal institutions regulated the behavior of officials
and offered a path for citizens to express their grievances towards
them. One such institution, the euthyna, held officials to a standard of
“straightness” and enforced that they give an account in front of an
Assembly of citizens about everything that they did that year.
In more recent history, the idea that government should be open to public scrutiny and susceptible to public opinion dates back to the time of the Enlightenment, when many philosophes made an attack on absolutist doctrines of state secrecy. The passage of formal legislature can also be traced to this time with Sweden, for example, (which then included Finland as a Swedish-governed territory) enacting free press legislation as part of its constitution (Freedom of the Press Act, 1766).
Influenced by Enlightenment thought, the revolutions in America
(1776) and France (1789), enshrined provisions and requirements for
public budgetary accounting and freedom of the press in constitutional articles. In the nineteenth century, attempts by Metternichean
statesmen to row back on these measures were vigorously opposed by a
number of eminent liberal politicians and writers, including Bentham, Mill and Acton.
Open government is widely seen to be a key hallmark of contemporary democratic practice and is often linked to the passing of freedom of information
legislation. Scandinavian countries claim to have adopted the first
freedom of information legislation, dating the origins of its modern
provisions to the eighteenth century and Finland continuing the
presumption of openness after gaining independence in 1917, passing its
Act on Publicity of Official Documents in 1951 (superseded by new
legislation in 1999).
Current policies
Africa
Morocco's new constitution of 2011, outlined several goals the
government wishes to achieve in order to guarantee the citizens right to
information.
The world has been offering support to the government in order to enact
these reforms through the Transparency and Accountability Development
Policy Loan (DPL). This loan is part of a joint larger program between
the European Union and the African Development Bank to offer financial
and technical support to governments attempting to implement reforms.
As of 2010, section 35 of Kenya's constitution ensures citizens’
rights to government information. The article states “35.(1) Every
citizen has the right of access to — (a) information held by the State;
and (b) information held by another person and required for the exercise
or protection of any right or fundamental freedom ... (3) The State
shall publish and publicize any important information affecting the
nation.” Important government data is now freely available through the
Kenya Open Data Initiative.
Asia
Taiwan
started its e-government program in 1998 and since then has had a
series of laws and executive orders to enforce open government policies.
The Freedom of Government Information Law of 2005, stated that all
government information must be made public. Such information includes
budgets, administrative plans, communication of government agencies,
subsidies. Since then it released its open data platform, data.gov.tw. The Sunflower Movement
of 2014, emphasized the value that Taiwanese citizens place on openness
and transparency. A white paper published by the National Development
Council with policy goals for 2020 explores ways to increase citizen
participation and use open data for further government transparency.
The Philippines
passed the Freedom of Information Order in 2016, outlining guidelines
to practice government transparency and full public disclosure.
In accordance to its General Appropriations Act of 2012, the Philippine
government requires government agencies to display a “transparency
seal” on their websites, which contains information about the agency's
functions, annual reports, officials, budgets, and projects.
The Right to Information
(RTI) movement in India, created the RTI law in 2005 after
environmental movements demanded the release of information regarding
environmental deterioration due to industrialization.
Another catalyst for the RTI law and other similar laws in southeast
Asia, may have been due to multilateral agencies offering aid and loans
in exchange for more transparency or “democratic” policies.
Europe
In the
Netherlands, large social unrest and the growing influence of
televisions in the 1960s led to a push for more government openness.
Access to information legislation was passed in 1980 and since then
further emphasis has been placed on measuring the performance of
government agencies.
North America
In
2009, President Obama released a Memorandum on Transparency and Open
Government and started the Open Government Initiative. In his memorandum
put forward his administration's goal to strengthen democracy through a
transparent, participatory and collaborative government.
The initiative has goals of a transparent and collaborative government,
in which to end secrecy in Washington, while improving effectiveness
through increased communication between citizens and government
officials.
Movements for government transparency in recent American history
started in the 1950s after World War II because federal departments and
agencies had started limiting information availability as a reaction to
global hostilities during the war and due to fear of Cold War spies.
Agencies were given the right to deny access to information "for good
cause found" or "in the public interest". These policies made it
difficult for congressional committees to get access to records and
documents, which then led to explorations of possible legislative
solutions.
South America
Since
the early 2000s, transparency has been an important part of Chile's
Anti-Corruption and Probity Agenda and State Modernization Agenda. In
2008, Chile passed the Transparency Law has led to further open
government reforms. Chile published its open government action plan for 2016-18 as part of its membership of the Open Government Partnership (OGP).
Arguments for and against
Transparency in government is often credited with generating government accountability, which supporters argue leads to reduction in government corruption, bribery and other malfeasance.
Some commentators contend that an open, transparent government allows
for the dissemination of information, which in turn helps produce
greater knowledge and societal progress.
Government transparency is beneficial for efficient democracy, as
information helps citizens form meaningful conclusions about upcoming
legislation and vote for them in the next election. According to the Carnegie Endowment for International Peace, greater citizen participation in government is linked to government transparency.
Advocates of open government often argue that civil society, rather than government legislation, offers the best route to more transparent administration. They point to the role of whistleblowers reporting from inside the government bureaucracy (individuals like Daniel Ellsberg or Paul van Buitenen).
They argue that an independent and inquiring press, printed or
electronic, is often a stronger guarantor of transparency than
legislative checks and balances.
The contemporary doctrine of open government finds its strongest advocates in non-governmental organizations
keen to counter what they see as the inherent tendency of government to
lapse, whenever possible, into secrecy. Prominent among these NGOs are
bodies like Transparency International or the Open Society Institute. They argue that standards of openness are vital to the ongoing prosperity and development of democratic societies.
Critics of government transparency argue that transparency leads to government indecision, poor performance and gridlock.
David Frum writes in an article for the Atlantic, “instead of yielding
more accountability, however, these reforms [transparency reforms] have
yielded more lobbying, more expense, more delay, and more indecision.”
Jason Grumet argues that government officials cannot properly
deliberate, collaborate and compromise when everything they are doing is
being watched.
Additionally, open government initiatives may raise privacy
concerns. In her article, Teresa Scassa outlines three main possible
privacy challenges. First, the difficulty of balancing further
transparency of government, while also protecting the privacy of
personal information, or information about identifiable individuals that
is in the hands of the government. Second, is dealing with distinctions
between data protection regulations between private and public sector
actors because governments may access information collected by private
companies which are not controlled by as stringent laws. Third, is the
release of "Big data", which may appear anonymized can be reconnected to
specific individuals using sophisticated algorithms.
There is also concern for protecting citizens' privacy so they
are not exposed to "adverse consequences, retribution or negative
repercussions" from information provided by governments.
A number of scholars have questioned the moral certitude behind
much transparency advocacy, questioning the foundations upon which
advocacy rests. They have also highlighted how transparency can support
certain neoliberal imperatives.
Technology and open government
Governments and organizations are using new technologies as a tool for increased transparency. Examples include use of open data platforms to publish information online and the theory of open source governance.
Open Government Data (OGD), a term which refers specifically to the public publishing of government datasets,
is often made available through online platforms such as data.gov.uk or
www.data.gov. Proponents of OGD argue that easily accessible data
pertaining to governmental institutions allows for further citizen
engagement within political institutions.
OGD principles require that data is complete, primary, timely,
accessible, machine processable, non-discriminatory, non-proprietary,
and license free.
Public and private sector platforms provide an avenue for
citizens to engage while offering access to transparent information that
citizens have come to expect. Numerous organizations have worked to
consolidate resources for citizens to access government (local, state
and federal) budget spending, stimulus spending, lobbyist spending,
legislative tracking, and more.
Organizations
- Open Government Partnership - OGP was an organization launched in 2011 to allow domestic reformers to make their own governments across the world more open, accountable, and responsive to citizens. Since 2011, OGP has grown to 75 participating countries today whose government and civil societies work together to develop and implement open government reforms.
- Code for All - Code for All is a non-partisan, non-profit international network of organizations who believe technology leads to new opportunities for citizens to lead a more prominent role in the political sphere and have a positive impact on their communities. The organizations relies on technology to improve government transparency and engage citizens.
- Sunlight Foundation - The Sunlight Foundation is a nonprofit, nonpartisan organization founded in 2006 that uses civic tech, open data, and policy analysis to make information from government and politics more transparent to everyone. Their ultimate vision is to increase democratic participation and achieve changes on political money flow and who can influence government. While their work began with an intent to focus only on the US Congress, their work now influences the local, state, federal, and international levels.
- Open Government Pioneers UK is an example of a civil society led initiative using open source approaches to support citizens and civil society organisations use open government as a way to secure progress towards the Sustainable Development Goals. It uses an Open Wiki to plan the development of an open government civil society movement across the UK's home nations.
