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Strategic Communications Training Freedom of Information X State MDA

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Presentation on theme: "Strategic Communications Training Freedom of Information X State MDA"— Presentation transcript:

1 Strategic Communications Training Freedom of Information X State MDA

2 Welcome Note Opening Remarks Programme Information

3 Training Objectives To improve understanding of the FOI Act (Federal Law) for MDA officials

4 Roadmap for the Day FOI Act Implementation
Q & A, discussion of examples of FOI Wrap Up and Next Steps Evaluations

5 Freedom of Information
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers - Article 19 UN Declaration of Human Rights Guarantees the right of access to information held by public institutions, irrespective of the form in which it is kept and is applicable to private institutions where they utilize public funds, perform public functions or provide public services. - Freedom of Information Act, Nigeria

6 FOI Act Implementation
The public has the right to access information that: the government (or other powerful institutions) holds about them the government (or other powerful institutions) holds that could benefit them. The public has the right to see/hear what is going on in: the legislature the courts. other public bodies Officials-- public and private-- have the right to “blow the whistle” on bad practices in powerful institutions.

7 FOI Act Implementation in Nigeria
Basics Right of access to public information and records without need to demonstrate the specific interest Government institutions must publish in the Federal Gazette regularly Response given to applicant within 14 days If turned down, legal reason must be given Enforcement Failure to Respond could lead to N500,000 fine –OR- Maximum 3 years in prison What does the newly enacted FOI do? Guarantees the right of access to information held by public institutions, irrespective of the form in which it is kept and is applicable to private institutions where they utilize public funds, perform public functions or provide public services.       Requires all institutions to proactively disclose basic information about their structure and processes and mandates them to build the capacity of their staff to effectively implement and comply with the provisions of the Act        Provides protection for whistleblowers.        Makes adequate provision for the information needs of illiterate and disabled applicants;       Recognizes a range of legitimate exemptions and limitations to the public’s right to know, but it makes these exemptions subject to a public interest test that, in deserving cases, may override such exemptions.        Creates reporting obligations on compliance with the law for all institutions affected by it. These reports are to be provided annually to the Federal Attorney General’s office, which will in turn make them available to both the National Assembly and the public.       Requires the Federal Attorney-General to oversee the effective implementation of the Act and report on execution of this duty to Parliament annually.

8 FOI: Not a Threat! an Opportunity
HOW? Make MDA information public Allocate FOI responsibility to specific staff Train information officers & other public officials Set up or improve existing information and records management systems Publicise the existence of the Freedom of Information Law– raise awareness

9 FOI, Q & A, Discussion What are some of the types of information that the government holds that might be in the interest of the individual member of the public to know? What are some examples of government wrongdoing government that could be dealt with by giving whistleblowers the right to tell the truth in public? What are some of the important decision-making public bodies in your state? How does FOI make life better? How far can the principle of freedom of information be applied to private bodies in society, such as companies, as well as to governments? Politics •Social welfare • Health • Education • Environment •Planned investment • Security • Justice Legislature, Courts, Human Rights Violations Healthier society, cleaner environment, less corruption, respect for human rights, respect for privacy, more secure society, more effective democracy Application in the business sector: Freedom of Information – Confidentiality, Commercial Interests and the Public Interest – Regulation FoI and Data Protection How can we determine what is confidential information or how an organisation’s commercial interest might be affected? How does the public interest test affect these exemptions, and disclosures generally? Experience in other countries has shown that confidentiality and the protection of commercial interests are two of the most significant exemptions in relation to Freedom of Information. How can we determine what is confidential information or how an organisation’s commercial interest might be affected? How does the public interest test affect these exemptions, and disclosures generally? Using case studies and examples, this one-day course examines the practical application of these critical exemptions and the implications of the public interest test. Freedom of Information and Data Protection. There is an inherent conflict of interest between FOI and Data Protection. Disclosure of Third Party Information under FOI request is an Issue that MoI will have to take into account and create guidance and direction for Lagos state. These will be issued by the MoI.

10 Q & A, Wrap-up & Next Steps

11 Participant Evaluations

12 Thank you


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