Right
to Information laws not only require Governments to provide information
upon request, they also impose a duty on public bodies to actively
disclose, disseminate and publish, as widely as possible, information
of general public interest even before it has been requested. This
has a number of positive effects:
- It minimises the time, money and effort required
by the public to access important but routine information;
- It helps people to better understand what information
they can access and how and where to seek it;
- It reduces the overall number of individual requests
that bureaucrats have to process, thereby reducing the administrative
burden on government of implementing access to information laws.
The
Central RTI Act has a very comprehensive proactive disclosure provision
at section 4. Specifically, s.4(1)(b) of the Central Act sets out
a list of 17 categories of information which have to be proactively
disclosed by all public authorities. At a basic level, s.4 requires
every public authority to routinely disclose information about its
functions, decision-making norms, documents held, employee contacts,
and budgets. It goes further though, and even requires regular disclosure
of information about subsidy schemes (including details of beneficiaries)
and the recipients of licenses, concessions and permits. Considering
the amount of corruption in these areas, it is hoped that greater
transparency will result in greater accountability.
Collecting
and Collating Information
The Uttaranchal Government has already produced a Proactive
Disclosure Template which provides detailed guidance to public
authorities on how to implement the proactive disclosure provisions
under the Central Act. Other jurisdictions could consider using
the template as the basis for their own disclosure schemes.
As
a general rule, when implementing s.4(1) each different sub-topic
should be considered separately and a decision made regarding:
(i)
what specific information needs to be collected;
(ii) by whom;
(iii) how often;
(iv) from where/whom; and
(v) how the information can best be disseminated.
Careful
consideration needs to be given to what information is most necessary
at what level of government. For example, the level of s.4 disclosure
for Secretariat level will be different from the contents relating
to district level or taluka level operations of the same department.
This means that each office of a public authority may proactively
publish different types of information. However, each office should
also have access to the information held by other offices, just
in case someone wants to view it. For example, if someone comes
to a district office requesting information about headquarters,
officials are still under an obligation to provide the information
as soon as possible if they don't hold it themselves. This should
be explained to the requester.
Section
4(1)(xvii) of the Central Act allows additional categories of information
to be added to the proactive disclosure obligations under the law.
This section could be used, for example, to require the regular
publication of information about all government contracts that are
awarded. In fact, in the spirit of open government your organisation
should strive to disclose information regularly that is of interest
to the public generally, as well as information, which, if published,
would serve to meet the Central Act's objectives of government transparency
and accountability.
Section
4(2) of the Central Act specifically requires that public authorities
should constantly endeavour to disclose suo moto as much information
as possible so that the public have minimum need to resort to using
the Central Act. In practice, this means that public authorities
should regularly reconsider the level of information they are routinely
publishing. It would be smart to review all applications and identify
whether any particular category of document is being regularly requested.
Such information could then be regularly published - which would
not only help the public, but also reduce the burden on officials
responsible for processing applications.
All
of the current State RTI Acts contain proactive disclosure provisions,
although the exact information that is required to be routinely
published is different. Unfortunately, in practice, implementation
of these provisions has been variable, with many public authorities
simply failing to discharge their duties.
For
more guidance, you may want to read the following guidance notes,
which were published overseas to assist public servants in England
and Scotland to prepare for implementation of their Acts:
Publishing
and Disseminating Information
Section
4(3) of the Central Act specifically requires that all information
"shall be disseminated widely and in such a form and manner
which is easily accessible to the public". This is an important
provision because it establishes that it is not enough to merely
collect information and store it in a cupboard at the head office!
Instead, it is essential that all members of the public can access
the information easily and through several cheap options, no matter
where they live, and that it is in a language and style that can
be understood.
Public
authorities will need to consider the different forms of disclosure
- at the local levels (ie. district/taluka levels), more reliance
may be placed on noticeboards and simple, easy to access guides,
whereas at the headquarters there may be more reliance on departmental
websites, media dissemination (eg. newspaper, radio) and databases.
At
a minimum, all s.4 information should be routinely put on your organisation's
website (if you have one; if you don't, you should consider creating
one, as the internet is increasingly a useful information dissemination
tool in India). However, internet connection is not yet readily
accessible in all parts of India, and therefore such information
should also be kept in hard copy at each of the offices/units of
your organisation. As much key information as possible should also
be listed on local noticeboards. In South Africa, the proactive
disclosure provisions of the law even require that contact details
of PIOs are listed in all telephone directories!
Updating
Information
Once you have produced this information for the first time, you
will need to make sure that it is regularly updated. Section 4(1)(b)
of the Central Act requires that, at a minimum, information should
be updated every 12 months. However, some information may need to
be updated more regularly if it is to be useful for the public.
For example, names and contact details of Public
Information Officers (see s.4(1)(b)(xvi)) should be updated
at least every month. Likewise, information on subsidy schemes (see
s.4(1)(b)(xii)) needs to be published and updated monthly if it
is to be of any real use in helping the public monitor whether they
are receiving their correct entitlements. Furthermore, subsidy information
needs to be published so that it is relevant to the locale - ie.
each village should proactively publish subsidy information relevant
to their village.
Ideally,
the Rules should clarify how often each category of information
needs to be updated. This is what the Rules in Delhi have done for
example. If this clarification is not forthcoming though, public
authorities themselves should simply consider what approach would
best satisfy the needs of the public to access timely, relevant
information and implement accordingly.
Please
click on the link to the Central
RTI Act to read the detailed provisions contained in the law.
Please click on the link to CHRI's
State RTI pages to find out more about relevant rules and implementation
in your specific State.
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