Working Group Two Structure and Technology : creating an environment for transparency This group discussed the necessary structural environment for a transparency regime, as well as the structural impediments to implementation and enforcement. It aimed to further understand the role of technology in facilitating or inhibiting transparency and the potential harms engendered by technology, such as the increasing digital divide affecting the Americas.

Issue Statement  What are the structural and technical issues that permit the right of access to information to flourish in the Americas, where are the obstacles and what can be done to overcome the challenges and advance the right?

Considerations  Institutional capacity (public administration and public awareness)  Judicial independence  A free and capacitated media  Legislative or independent oversight mechanisms  Technological advances promoting and impairing transparency  Making systems more supportive of access to information  Cultural factors  Small state phenomena affecting the right of access to information

Regional Findings  There is broad diversity among the countries in the Americas.  The particular political, social, economic and cultural circumstances of each country in the region require that the people of each country determine the access to information system that best suits their needs.  Nevertheless, it is both desirable and feasible that the countries in the region work collaboratively in sharing their experiences and recognizing regional norms related to the right of access to information.

Regional Findings  Because the benefits – both tangible and intangible – of access to information are well-established, it is incumbent on governments, civil society, the news media and the private sector to help create an environment of transparency within their respective countries as well as the region as a whole.  Although technology can assist in providing access to information, the region should be mindful that technology is not a panacea – many people still lack meaningful access to technology and the dissemination of government information on websites is often not an adequate substitute for the disclosure of information.

Recommendations & Action Points REGIONAL AND INTERNATIONAL ORGANIZATIONS:  All regional and intergovernmental organizations and international/regional financial institutions should ensure internal transparency policies and mechanisms, providing clear and simple processes, limited exceptions, independent appeals processes, mandate proactive disclosure, promote transparency in member states  Provide financial and technical support for states, citizens, training of journalists, research etc. STATES:  Ensure full and effective implementation, at national and subnational level, and enforcement mechanisms  Issue clear rules and regulations for record-making and management, including specific provisions to deter increasing use of “non-existence of record” as reason for denial

Recommendations & Action Points NON-STATE ACTORS (Civil Society, Corporate and Professional Organizations) :  Civil society organizations, universities and scholars should undertake evidence-based research, including issues such as the particular conditions in our region that allow some transparency cultures to thrive; efficacy of the different transparency systems; relationship between information management and transparency, measurement indicators and tools to assess implementation and enforcement etc.  Encourage training of journalists to use right of access to information  Build solidarity among access to information community and create alliance with full range of stakeholders