Increasing proactive disclosure in New Zealand Áine Kelly-Costello University of Auckland

What can we learn from Spain? And next steps for New Zealand Proactive disclosure = proactive release of information, ideally under an Open * license. New Zealand has no proactive disclosure legislation. We want to encourage a culture shift towards proactive disclosure being the norm in New Zealand.

What Spain is doing well 1. They have proactive disclosure legislation (under roughly the OIA equivalent). 2. The legislation contains strong principles for release of information covering easily locating and identifying it, its user-friendly presentation, reusable format and accessibility. 3. Strong uptake of creating more comprehensive Transparency legislation at regional level, including more detailed proactive publication provisions. 4. Civil society is very active on transparency issues including proactive disclosure. 5. Having lists of what should be published at national/regional level makes it easier to identify the gaps.

Which aspects of the Spanish legislation are not working well? 1. Not always realistic: Difficult to enforce compliance (vague penalties, no non-applicability clause) Problems with imprecise terminology in legislation   2. Resource allocation: Disclosure of excess information. 3. Regarding the principles the information should comply with: They need regulations to clarify and strengthen them Additionally, information archives should be kept and date last modified should be included

Proactively disclosed information in Spain under national legislation Information on entities: structure, responsibilities, applicable regulations, senior staff profiles Contracts: tendering process, amount awarded, identities of awardees, etc. Financial information: public grants, budgets, annual accounts, audits Information about senior officials: salary, conflicts of interest, etc. Property and tangible assets (public agencies only).

Information additionally published under regional legislation in Murcia More detailed information on councils and their Council Controlled Organization equivalents (e.g. agendas, meeting minutes, assets register, code of ethics/good governance, legal rulings) Also available on a central website: traffic updates, environmental info, public participation forums, something like OIA request answers, links to social network pages, etc. Detailed information on accounts, budgets, service contracting, suppliers, costs of services Urban development and public works information  Note: the listing of information published includes links to the information

Whereto from here in increasing proactive disclosure in New Zealand? Continue to collate information on the legislation and practices of other countries (national and subnational) in the areas of proactive disclosure of information and open data Formulate a proactive disclosure provision that could be included in the OIA The Office of the Ombudsman could prepare guides on this topic Educate agencies on the benefits of proactive disclosure Prioritize proactive disclosure in the forthcoming Open Government Partnership National Action Plan Encourage regional and city councils to establish Open Data policies with transparency requirements

Áine Kelly-Costello University of Auckland Thank you! Áine Kelly-Costello University of Auckland