Freedom of information – raising public and institutional awareness TAIEX workshop, Skopje Kristina Kotnik Sumah Deputy of the Information Commissioner of Slovenia

Main questions: 1. How to raise awareness on FOI in public and private sector? 2. How to promote transparency in practice? (it is not enough just to speak about transparency) 3. How to change mentality of civil servants?

Simple questions No simple answers

Raising awareness Changing mentality Promoting transparency

Raising awareness of FOI in public and private sector It is important to have a centralized public body which is responsible for implementation of FOIA and actively promotes transparency in practice (Information commissioner, Agency for Protection of the Rights to Free Access to Public Information) It is important to recognize transparency as a common goal and as a part of long term government´s working program and commitments

„Transparency starts at the highest level and spreads to the lower levels.“ If the government does not support transparency, we can not expect public servants to act transparently in practice

Raising awareness of FOI in public and private sector Substantial human and financial resources are needed for the successful implementation of FOI law (this is why it is important to recognize this matter as a part of long term government´s program) - „If there is a will, there is a way“. Clear objectives should be set – to know where we are going and what do we want to achieve

Raising awareness of FOI in public and private sector Short and long term goals in this field should be based on findings from practice. (for example, according to IC`s annual report 2010, there were more than 360 complaints against the administrative silence in Slovenia. Reducing this number is one of our top priorities. This is why, we are taking such cases particularly seriously and we act immediately). There should be mechanisms and tools for monitoring the implementation of FOI law in practice (annual reports of public bodies, public survey, annual reports of IC,…)

Raising awareness of FOI in public and private sector To promote FOI, good legal framework is needed, but active promotion and education in practice is essential Raising awareness is not a static goal, it is a continuous process that takes time

How mentality changes – Case Law: Public sector salaries In 2004 a journalist made a FOI request for information regarding salaries of top management of RTV Slovenija; RTV Slovenija is a public institution, financed with public funds, It is a „public body“, liable under FOIA, RTV has issued a negative decision. It denied the request on the grounds that this information, if disclosed, would mean violation of personal data protection act

RTV Slovenija stated that „whether to disclose personal information on salary to the public, is within the full discretion of the individual.“ The journalist filed a complaint against the negative decision of the RTV Slovenija. IC established that the exemption of data protection was given, however in such cases access to the requested information could be granted on the basis of public interest test. IC had to weigh between two constitutional rights – the right to personal data protection, and the right to access to public information

Since the salaries of public officials are paid from the public funds, IC decided that the public interest prevails and the requested information should be freely accessible to the public RTV Slovenija has filed a lawsuit against the IC decision in the administrative dispute procedure at the Administrative Court. However, in the meantime (in 2005) the Public sector wage system act (PSWSA) was changed. Article 38 of the PSWSA now clearly states, that „the salaries in the public sector shall be public“. Individual data on gross salary of any public servant and official is publicly accessible

What were the consequences of this case… It caused a broad public debate on spending public money…. It led to the conclusion that the work of the RTV Slovenija (and other public bodies) should be more transparent and the RTV Slovenija should be able to demonstrate that the public funds have been spent efficiently… It also has led to a change in the law and consequently to a change in practice

What were the consequences of this case… In 2005 APIA was amended: Not just public sector wages, every information, connected to: -public money spending, -information related to the execution of public functions or employment relationship of the civil servant.... SHALL BE PUBLIC

Raising awareness in public sector – slovenian experience Attitude of some public bodies: how to find a way not to comply with FOIA FOIA is often still perceived as something that diverts public officials from their basic tasks and operations, from their “regular” work. Applicants are often seen as ‘nuisance’

Raising awareness – slovenian experience This attitude is a reason for a high number of complaints to IC due to inactivity – administrative silence of the first instance public bodies. IC acts quickly and after that first instance public body usually responds to the applicant and provides information, but this prolongs the procedure for the applicant.

FOI is not just additional administrative work for public officials….. …..It is the exercise of fundamental human right

How to change this mentality? Education as a tool for changing the mentality in public sector Permanent support and counseling to public officials, responsible for FOI Present positive aspects of FOI – building institutional integrity, reducing corruption,.. Find new ways to motivate public sektor (annual best practice awards for public bodies, award for best official, responsible for FOI,…) Be a role model

Raising awareness about FOI in public sector Education as a tool - who to educate about FOI? –Employees at the IC office – building competent, strong institution with a high degree of public trust, –Officials, responsible for FOI in liable public bodies, –Other public officials and officers, –Journalists, NGO, –Students, individuals, general public

Education as a tool - how to educate about FOI? slovenian experience: - special unit called „Administration academy“ in the Ministry of public affairswhich is responsible for targeted and advanced training for achieving professional competence of the civil servants and officials, different trainings on FOI: - general training (half day) - advanced training (one day) - training on interaction between FOI and personal data

Education as a tool - how to educate about FOI? What is the content of the trainings about FOI? – general training (more theoretical): why FOI, FOI as a human right, who are liable public bodies, what are the exemptions (which information are not accessible) how to act, if you receive a FOI request (short procedure, general administration act procedure)

Advanced training (more practical): -Detailed procedure with FOI request, -How to apply FOIA in individual cases, - The rule of partical access, -Detailed studying of IC and court cases, -How to apply the public interest test in a concrete individual situation

Raising awareness about FOI in public and private sector – slovenian experience Is there a centralised public body, dealing with FOI in Slovenia? NO Ministry of Public Affairs Information Commissioner

24 Ministry of public administration TASKS OF THE MINISTRY (Art. 32 FOIA): promotional and developmental tasks, in particular: 1.Informing the public about the means and conditions for access and re-use of public information 2.Providing counseling to other bodies in relation to the application of the provisions of this Act 3.Other promotional and developmental tasks 4.Inspection and supervision over the implementation of this Act

The role of Information Commissioner in promoting transparency– Slovenian experience In the FOI working area, IC acts as a second instance, appeal body. Can not issue an opinion for public bodies or requestors how to act in an individual case in advance Can not start the procedure on its own initiative (only based on the appeal). According to FOIA has no promotional and educational competencies…. BUT IN PRACTICE…

IC does a lot of educational and promotional activities -cooperate with administration academy, provide lecturers for their trainings, -organize workshops where IC cases are presented by IC employees We believe that IC office should be a role model for other public bodies The motto of IC office is: „Transparency starts with us“

The role of Information Commissioner in promoting transparency– Slovenian experience At IC Office FOI requests are priority (we try to respond the same day. If the request is unclear, we immediately contact the requestor (by phone, e – mail,..) and try to find out, what he wants. If the request is complicated or extensive, we immediatley give the first information. We inform the requestor that his request is in the procedure and when approximately he can expect our answer.)

The role of Information Commissioner in promoting transparency– Slovenian experience We are really trying to be as open to the public as possible: – fast first response to applicants, –try to simplify the procedure whenever possible, –Every day telephone and personal counseling for public bodies and applicants (it is not needed to make an appointment in advance)

How to reach the public? –Through good and effective work in individual cases, –through media campaigns (press releases, annual awards for good practice, free workshops for applicants and media, free publications) –Through proactive transparency (good web site with many relevant information, social media - facebook, twitter,…) –Finding new ways to approach public (lectures for students, woorkshops for general public)

What are our results? The IC web site twice won the annual award „netko“, for best web site in public sector; According to public opinion research in March 2011, people hold great trust in Information Commissioner. With a high degree of public trust (53.1 %), the Commissioner left behind all other institutions, such as Military, the President of the Republic, the Ombudsman, Schools, Police etc. It is also worth mentioning that Information Commissioner enjoys the lowest rate of public distrust among all the institutions included in the survey

Public opinion survey, March 2011

Challenges for the future... …to promote the idea that information “produced” by public institutions in the course of their work is property of citizen… …..work on changing the way of thinking in public sector – it is a gradual process… Raising awareness is not a static goal, it is a continuous process that takes time

Thank you for your attention.