Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

The Internet Governance ForumNairobi, Kenya

27th - 30th September 2011

Keisha Taylor

Acknowledgements: Christopher Corbin for his contribution to this report

Introduction

The Internet Governance Forum (IGF) brought approximately 2000 participants from around the world to discuss Internet Governance issues. The organisers of Workshop 123 “ Public Sector Information online: towards a Global policy framework ” undertook a short survey (See Appendix 1 for a Summary of the Survey Results and Appendix 4 for a copy of the questionnaire) at the IGF to find out what those in attendance knew about the state of freedom of information, data protection and the availability and use of public sector information in their country. There were 54 respondents in all. 51 respondents were from 27 countries. 3 respondents did not identify their nationality or country of residence. Participants were randomly selected at workshops, booths and in hallways throughout the duration of the IGF.

34% of respondents were from Kenya and 56% of all respondents were from African countries.

Af!liation

● 24% were academic/researcher (A/R)● 18% of respondents had multiple affiliations (MA)● 13% were from technology companies (TC)● 11 % came representing civil society organisations (CSOs)● 9% were government representatives (Gov’t)● 9% were independent (IND)● 7% were from Inter-governmental organisations (IGO)● 7% were from the private sector (PS)

Image 1: Affiliation

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

What is Open Government Data? Total

● 61.1% of respondents indicated that they knew what open government data meant.● 27.8% of respondents were not sure what open government data meant.● 11.1% of respondents did not know what open government data meant.

Image 2: What is Open Government Data?

Are you aware of any ways in which government data is being made open and available for reuse in your country?Total

● 68% said yes● 30% said no● 2% said they were not sure.

Image 3: Awareness of any ways in which government data is being made open and available for reuse in your country (All respondents)

What is Open Government Data?

African Countries

55% said yes32% said not sure13% said no

Non African Countries

75% said yes10% said no15% said not sure

Awareness of any ways in which

government data is being made

open and available for reuse in

your country

African Countries

61% said yes35% said no4% said not sure

Non African Countries

75% said yes25% said no0% said not sure

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Interestingly, 6 respondents indicated that they were unsure of what open government data meant, but said they were aware of ways in which government data was being made open and available for reuse in their country. 1 respondent said that they did not know what open government data was but was aware of ways in which data was being made open and available for reuse in their country. This indicates that some uncertainty exists about what the term open government means 1. Data may be available on a government website but not necessarily open.

Data Protection Legislation

When asked if they knew about the existence of data protection legislation in their country of residence. Total

● 50% said yes● 30% said they did not know● 20% said no

Image 2: Knowledge about the existence of data protection legislation in their country of residence (All respondents)

Freedom of Information Legislation

1According to the Open (Knowledge) Definition “in essence material (data) is open if it can be freely used, reused and redistributed by anyone. “government data” means data and information produced or commissioned by government or government controlled entities. http://opengovernmentdata.org/what/ (last accessed 11th October 2011)

Awareness of data

protection legislation

African Countries

36% said yes19% said no45% said do not know

Non African Countries

70% said yes20% said no10% said do not know

Awareness of Freedom of

Information laws

African Countries

55% said yes29% said no16% said do not know

Non African Countries

50% said yes95% said no5% said do not know

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

When asked if they knew about the existence of Freedom of Information law in their country of residence. Total

● 11% said that they did not know if it existed● 33% said that it did not exist● 56% said that it did exist

Image 3: Knowledge about Freedom of Information legislation in their country (All respondents)

Creative Commons License

Knowledge of the Creative Commons License was almost evenly split, but most respondents knew what it was.

Total

48% of respondents said they did not know what the Creative Common License was while 52% did know what it was.

Image 4: Knowledge of what the Creative Commons License is (All respondents)

Conclusion

This brief survey seemed to illustrate that a lot more needs to be done to improve understanding of open government data and public sector information in Internet Governance and ICT Policy circles. Some respondents were unaware of the existence of freedom of information and data protection legislation in their country or believed that laws existed when they did not. However, the existence or non-existence of these laws and the way in which

Awareness of Creative

Commons Licence

African Countries

59% said yes41% said no

Non African Countries

70% said yes30% said no

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

they are used and applied has a direct impact on many other Internet Governance and ICT Policy issues. It has been found that some countries that have such legislation do not use it to promote what the text outlines, but to thwart freedom of expression.

For a global public sector information policy framework to be useful more needs to be done to inform other stakeholders about why the availability of public sector information is of importance to them and their countries. They must also be aware of the data protection and freedom of information legislation that exists to acknowledge and influence amendments needed to be able to develop a national or global public sector information policy framework. Awareness and understanding of terms that those in the open data world use widely such as open government data needs to be better explained. Also given almost half of respondents did not know of the Creative Commons Licence model a lot more must be done to enable those working on other Internet governance and ICT policy issues to understand what this is and how it can be of use to them. This survey was not meant to be rigorously scientific, but only give a snapshot of how much and what people know about freedom of information data privacy and open government data in their country. This information provided also needs to be mapped against the actual existence of such laws and initiatives in each country.

Appendix 1: Summary of Survey Results

NationalityCountry of residence Affiliation

Do you know what open govt data means?

Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Does your country have a data protection Law

Does your country have a FOI law

Are you aware of the CC licence

Belarus Belarus CSO Yes Yes No No YesChina China IGO Yes Yes Yes No Yes

Fiji Fiji

Private Sector/Technology Company No No No No Yes

France France IGO Not sure No Yes Yes No

France KenyaResearcher/Academic Yes Yes Yes Yes No

Germany Switzerland CSO Yes Yes Yes Yes Yes

Germany GermanyResearcher/Academic Yes Yes Yes Yes Yes

Germany GermanyTechnology Company Yes Yes Yes Yes Yes

Ghana GhanaCSO/Government Yes Yes

Yes (under revision)

No (under discussion) Yes

Kenya Kenya Private sector Yes YesDo not know

Do not Know No

Kenya KenyaTechnology Company Yes Yes

Do not know

Do not know No

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

NationalityCountry of residence Affiliation

Do you know what open govt data means?

Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Does your country have a data protection Law

Does your country have a FOI law

Are you aware of the CC licence

Kenya KenyaTechnology Company Yes Yes

Do not know

Do not know Yes

Kenya Kenya Private sector Yes NoDo not know No Yes

Kenya Kenya Government Not sure Yes No No YesKenya Kenya Private sector Yes Yes No No Yes

Kenya Kenya IGO No NoDo not know Yes No

Kenya Kenya Independent Not sure NoDo not know Yes No

Kenya Kenya Independent Not sure NoDo not know Yes No

Kenya Kenya Independent Not sure YesDo not know Yes No

Kenya KenyaResearcher/Academic Not sure No Yes Yes No

Kenya KenyaTechnology company Not sure No Yes Yes No

Kenya Kenya Government Yes Not sure Yes Yes No

Kenya KenyaTechnology company No Yes Yes Yes No

Kenya KenyaResearcher/Academic Not sure Yes Yes Yes No

Kenya KenyaResearcher/Academic Yes Yes Yes Yes No

Kenya KenyaResearcher/Academic Yes Yes Yes Yes No

Kenya Kenya Independent No NoDo not know Yes Yes

Kenya KenyaResearcher/Academic Yes Yes

Do not know Yes Yes

Malawi MalawiResearcher/Academic Not sure No No No Yes

Mali Mali Government No No No No Yesn/a n/a CSO Not sure Yes No Yes Non/a n/a Private sector Not sure Yes Yes Yes No

n/a n/a

CSO, Technology company/IGO Yes Yes

Do not know Yes Yes

Nigeria NigeriaResearcher/Academic Yes Yes Yes Yes No

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

NationalityCountry of residence Affiliation

Do you know what open govt data means?

Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Does your country have a data protection Law

Does your country have a FOI law

Are you aware of the CC licence

Nigeria (Answered as a Gambian resident) the Gambia

CSO, Researcher/ Academic, IGO Yes

Yes - the govt of the Gambia e govt portal Yes

Yes - the Gambia ICT policy and ICT act Yes

Niue, State of New Zealand

Niue, State of New Zealand

Private Sector/Technology Company No No No No No

Pakistan PakistanTechnology Company Yes

Yes - made a website on taxation system so we can pay taxes online Yes Yes No

Papua new guinea

Papua new guinea CSO Not sure Yes No No No

Russia Poland

CSO, Independent, Technology Company, Researcher/Academic Yes Yes Yes No Yes

Rwanda Rwanda

CSO, Government, Researcher/Academic Not sure

Yes (Data centre for everyone to create portals for citizens Yes

Yes (ICT Bill contains this) No

Senegal Senegal Government Not sure Yes Yes Yes NoSerbia Serbia CSO Yes Yes Yes Yes Yes

Singapore Singapore Government Yes

Yes (we have a national statistics and data repository for example

Yes - in process public consultation as of September 2011 No Yes

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

NationalityCountry of residence Affiliation

Do you know what open govt data means?

Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Does your country have a data protection Law

Does your country have a FOI law

Are you aware of the CC licence

Somalia Somalia

Government/Researcher / Academic Yes Yes No No Yes

South Korea KoreaResearcher/Academic yes Yes Yes No Yes

Sri Lanka Sri LankaResearcher/Academic Yes Yes

Do not know No Yes

Tanzania TanzaniaResearcher/Academic Yes Yes

Do not know

Do not know No

Tanzania Tanzania IGO Yes No No No Yes

The Netherlands

The Netherlands Independent Not sure No Yes Yes Yes

Uganda Uganda

Private Sector,Researcher/ Academic Yes No

Do not know

Do not know Yes

UK UKResearcher/Academic Yes No Yes Yes No

UK UK

Technology Company/ Researcher/ Academic Yes Yes Yes Yes Yes

USA Venezuela CSO Yes

Yes - private information is sold and reused for political discrimination

Do not know - ISPs and cell companies are required to keep for indefinite time all phone, sms email for access by government without due process

Do not know Yes

ZimbabweKenya/Tanzania

Technology Company Yes

Yes - but open government data is outdated except for fiscal revenue (tax matters)

Do not know No No

Appendix 2: Responses about data protection legislation.

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country Respondents

Data Protection

Resources

Belarus 1 No There is no special law on data protection in Belarus. The 1995 Law on Informatisation does not regulate the processing of personal data or the movement of data.2

China 1 Yes The Amendment to the Criminal Law of the PRC (February 2009) The PRC Tort Liability Law July 2010 includes a right to privacy in its list of protected ‘civil rights and interests’, but without defining further what this means. 3

China strengthened its protection of "personal information" on July 27, 2011, when it amended the "Provisions on the Administration of Internet Information Services," preventing Internet service providers from collecting and using personal data without individual consent. 4

Fiji 1 No More information5

France 2 2 said Yes The French Data Protection Act and The French Data Protection Authority have been established.

Germany 3 3 said Yes The German Federal Data Protection Act of 20 December 1990 was amended by law of 14 September 19946

Ghana 1 Yes Constitutional only7Articles 18 and 21

Kenya 19 7 Yes2 - No10 - Do not know

No data protection law yet. Kenyan government is working on both Data Protection Bill and Information and Communication Technology Bill. 8

Malawi 1 No

Mali 1 No

Netherlands 1 Yes Dutch Data Protection and Act and Data Protection Authority exists 9

Nigeria 1 Yes

2 Doroshevich M (no date), Belarus, Internews and Political Intelligence, http :// ec . europa . eu / information _ society / activities / internationalrel / docs / pi _ study _ rus _ ukr _ arm _ azerb _ bel _ geor _ kaz _ mold /6_ belarus . pdf (last accessed 11th October 2011)3 Greenleaf G (2011) Asia-Pacific Data Privacy: 2011, Year of Revolution?, University of New South Wales Faculty of Law Research Series 2011, Paper 30 http :// law . bepress . com / cgi / viewcontent . cgi ? article =1299& context = unswwps & sei - redir =1& referer = http %3 A %2 F %2 Fwww . google . co . uk %2 Furl %3 Fsa %3 Dt %26 source %3 Dweb %26 cd %3 D 9%26 ved %3 D 0 CGYQFjAI %26 url %3 Dhttp %253 A %252 F %252 Flaw . bepress . com %252 Fcgi %252 Fviewcontent . cgi %253 Farticle %253 D 1299%2526 context %253 Dunswwps %26 rct %3 Dj %26 q %3 Ddata %2520 protection %2520 law %2520 in %2520 china %25202011%26 ei %3 DWVeTTqthh 8 XxA - OotDk %26 usg %3 DAFQjCNH 14 mTBoGTuZrtfMpXqWyyNdWLFAw # search =%22 data %20 protection %20 law %20 china %202011%22 (last accessed 11th October 2011) pg. 64 Hunter S (2011), E-Discovery: What increased data protection means for the global economy, Inside Council, 7 th October 2011 (last accessed 11th October 2011) http://www.insidecounsel.com/2011/10/07/e-discovery-what-increased-data-protection-means-f 5 Greenleaf G (2011) op cit. Pg. 66 Practical Law Company (2011), Data Protection: Germany, Law stated as at 01-Apr-2011http :// ipandit . practicallaw . com /3-502-4080 (last accessed 11th October 2011)7 Antokol (2008), International Privacy and Data Protection Laws, Baker & Daniels LLP, 24th October 2008 http :// www . primr . org / uploadedFiles / PRIMR _ Site _ Home / Resource _ Center / Useful _ Links / International _ Research / International _ Privacy _ Laws . p df ( last accessed 11 th October 2011) 8 Ibid pg. 169 Ibid pg. 20

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country Respondents

Data Protection

Resources

answering as the Gambia resident

Nigeria 1 Yes

Niue - New Zealand

1 No The New Zealand Privacy Act 1993 established the office of Privacy Commissioner.10

Pakistan 1 Yes No signs of data protection legislation11

Papua New Guinea

1 No There are no known data privacy developments in Papua New Guinea 12

Russia 1 Yes The law came into effect on July 1, 2011. Commentators, however, believe the law unfavourably and unworkable.13

Rwanda 1 Yes

Senegal 1 Yes Act on the Protection of Personal Data 2007

Serbia 1 Yes The new Serbian Law on Personal Data Protection (“New Law”) came into effect on 4 November 2008 and is applied since 1 January 2009 14

Singapore 1 Yes The Singapore government plans to introduce legislation for debate in parliament early-2012.15

Somalia 1 No

Sri Lanka 1 Do not know No signs of data protection legislation16

10Greenleaf G (2011) op cit. pg. 1011 Ibid pg.712 Greenleaf G (2011) op cit13Segalis B (2011), Russia Amends Federal Data Protection Law, infosec island, 21 st July 2011 https://www.infosecisland.com/blogview/15276-Russia-Amends-Federal-Data-Protection-Law.html (last accessed 11th October 2011)14 Jugoslovenski pregled /Yugoslav Survey (2008) Republic of Serbia, Ministry of Justice, Law on Personal Data Protection Published in the "Official Gazette of the Republic of Serbia" No. 97/08 http://www.mpravde.gov.rs/images/Data%20Protection%20Law-FINAL.pdf ( last accessed 11 th October 2011) 15 Yeo V (2011), S'pore sets data protection law for 2012, ZDNet Asia on 16 February 2011 http://www.zdnetasia.com/spore-sets-data-protection-law-for-2012-62206733.htm ( last accessed 11 th October 2011) 16 Greenleaf G (2011) op cit. pg.7

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country Respondents

Data Protection

Resources

South Korea 1 Yes (Data Protection Act 2011) 17

Tanzania 2 1 – Do not know and 1 No

There is no law in Tanzania which protects data or databases in Tanzania. 18

Uganda 1 Do not Know

UK 2 2 - yes The UK Data Protection Act 199819

USA responding as Venezuelan Resident

1 Do not Know Articles 60 and 143 of the Constitution refer specifically to data processing and privacy in electronic communications. The main laws that regulate telecommunications, data and privacy are: Telecommunications Privacy Protection Law; the Organic Law for Telecommunications; Data Message and Electronic Signature Law; Special Law against Information Crimes; Social Responsibility in Radio and Television Law; and Public Function and Statistics Law, which regulates the national statistics system. 20

A Habeas Data right exists, at least on paper. 21

Zimbabwe 1 Do not Know The Access to Information and Privacy Protection Act (AIPPA) 2002 22

Appendix 3: Responses about freedom of information law

Country No. Respondents

Response Resources

Belarus 1 No

China 1 No Freedom of Information Act23

Fiji 1 No Constitutional - Draft law 24

France 2 2 said yes The 1978 Law on Access to Administrative Documents. The 1978 Data

17 Sung-Hey Park Lee & Ko (2011) ANALYSIS: Cross-Border Transfer Issues Under the Data Protection Act of South Korea, Reviewed in Relation to the Outsourcing Clause and Relevant Regulatory Framework, World Data Protection Report, BNA, 22 nd September 2011 http://www.globallawwatch.com/2011/09/analysis-cross-border-transfer-issues-under-the-data-protection-act-of-south-korea-reviewed-in-relation-to-the-outsourcing-clause-and-relevant-regulatory-framework-2/ ( last accessed 11 th October 2011) 18 International Telecommunications Union (no date) Cyber Security in Tanzania - Country Report http :// www . itu . int / osg / spu / cybersecurity / contributions / Tanzania _ Ulanga _ paper . pdf ( last accessed 11 th October 2011) 19 The National Archives (no date) Data Protection Act 1998http :// www . legislation . gov . uk / ukpga /1998/29/ contents ( last accessed 11 th October 2011) 20 PHR2006 - Bolivarian Republic of Venezuela, Privacy International https://www.privacyinternational.org/article/phr2006-bolivarian-republic-venezuela ( last accessed 11 th October 2011) 21 Martinez-Herrera (2011) From Habeas Data Action to Omnibus Data Protection: The Latin American Privacy (R)Evolution, Clearing and Settlement, 13 th October 2011http://www.clearingandsettlement.com/2011/10/from-habeas-data-action-to-omnibus-data-protection-the-latin-american-privacy-revolution/ ( last accessed 11 th October 2011) 22 FreedomInfo: Zimbabwe (no date) http :// www . freedominfo . org / regions / africa / zimbabwe / ( last accessed 11 th October 2011) 23 Read more about this on the Freedom of Information China blog http :// foichina . blogspot . com / ( last accessed 11 th October 2011) 24 Citizens’ constitutional forum (2004), A freedom of information law for Fiji: Discussion paper and draft bill, March 2004 http :// www . ccf . org . fj / confrence / fijiFOIpaper . pdf ? PHPSESSID = aefd 8 a 6 dd 6 a 237679 f 6 c 23 dc 32 eccb 81 ( last accessed 11 th October 2011) KPMG (2011), Thinking Beyond Borders: Management Of Extended Business Travelers, Fijihttp :// www . kpmg . com / Global / en / IssuesAndInsights / ArticlesPublications / Documents / thinking - beyond - borders -2011/ ies - tbb -2011- fiji . pdf ( last accessed 11 th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country No. Respondents

Response Resources

Protection Act allows individuals to obtain and correct files that contain personal information about themselves from public and private bodies. 25

Germany 3 3 said yes The Federal Freedom of Information Act (1 June 2005)26

Ghana 1 No More information27

Kenya 19 13 - yes3 - no3 don't know

Kenya has added a freedom of information law to its list of priority legislation to pass before August 2012

Malawi 1 No Malawi has included freedom of information provisions in new constitutions28.

Mali 1 No Mali has started discussions on developing laws. 29

The Netherlands 1 Yes Government Information (Public Access) Act 1991 Openness of Government Act30

Nigeria - responding for the Gambia

1 Yes

Nigeria 1 Yes

25 FreedomInfo . org : France (no date) http :// www . freedominfo . org / regions / europe / france / ( last accessed 11 th October 2011) 26 FreedomInfo . org : Germany (no date) http :// www . freedominfo . org / regions / europe / germany / ( last accessed 11 th October 2011) 27 PeaceFM online (2011), The State of Ghana's Economy in 2011, 30th August 2011 ( last accessed 11 th October 2011) http :// news . peacefmonline . com / features /201108/65858. php ( last accessed 11 th October 2011) 28 Sturges P (no date), Freedom Of Access To Information: A Paradigm For The Information Professions http://www.ifla.org/files/faife/publications/sturges/paradigm.pdf ( last accessed 11 th October 2011) 29Africa Freedom of Information Centre ( no date ) Mali : Government Commits to Promote Access to Information http :// www . africafoicentre . org / index . php ? option = com _ content & view = article & id =1574:- mali - government - commits - to - promote - access - to - information -& catid =293: afic - news & Itemid =561 ( last accessed 11 th October 2011) 30 FreedomInfo : The Netherlands (no date) http :// www . freedominfo . org / regions / europe / netherlands / ( last accessed 11 th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country No. Respondents

Response Resources

Niue - State of New Zealand

1 No Bill of Rights Act (Section 14)Official Information Act 1982Local Government Official Information and Meetings Act 1987 31

Pakistan 1 Yes Pakistan adopted a Freedom of Information Ordinance in 2002. In April 2010, the Constitution of Pakistan was amended to provide for a right to information. The Ordinance lacks legitimacy because it was not adopted by a democratically elected legislature and falls well short of international and now constitutional guarantees of the right to information. There have, as a result, been various attempts to introduce new legislation on the right to information in Pakistan. A Freedom of Information Bill was promulgated around June 2008. More recently, in July 2010, a Right to Information Law was drafted and moved in the National Assembly. If passed, this would go a long way to bring Pakistan into line with international and constitutional standards in this area though some areas can be improved. 32

Papua New Guinea

1 No Freedom of the media is enshrined in its Constitution. Section51 of the Constitution There are broad provisions of the Freedom of Information (S.51) and the Freedom of Expression (S.46) in the Constitution. 33

Russia 1 No The Law on Providing Access to Information on the Activities of State Bodies and Bodies of Local Self-Government 34

Rwanda 1 Yes The Government of Rwanda has only proposed a fairly progressive bill 35

Senegal 1 Yes In Senegal, a draft law developed by civil society received support from the prime minister and government officials, creating a national coalition to drive the bill forward. 36

Serbia 1 Yes Serbian Law on Free Access to Information of Public Importance 37

Singapore 1 Yes

31 FreedomInfo ( New Zealand (no date) http :// www . freedominfo . org / regions / oceania / new - zealand / ( last accessed 11 th October 2011) 32 Centre for Law and Democracy (2011), Pakistan: Note on the draft Right to Information Law, July 2011 http://www.law-democracy.org/wp-content/uploads/2010/07/10.07.Pakistan.RTI-Note.pdf http://www.foiapakistan.com/about-foia-pakistan.html ( last accessed 11 th October 2011) 33 UNESCO (2011), Freedom of Information: The Right to Know http://unesdoc.unesco.org/images/0019/001936/193653e.pdf pg. 38 ( last accessed 11 th October 2011) 34 FreedomInfo ( Russia ) http :// www . freedominfo . org / regions / europe / russia / ( last accessed 11 th October 2011) 35Article 19 (2011), Right to Know Day 2011: Africa strides forward, 28 th September 2011 http://www.article19.org/resources.php/resource/2749/en/right-to-know-day-2011:-africa-strides-forward ( last accessed 11 th October 2011) 36 Ibid 37 FreedomInfo ( Serbia ) http :// www . freedominfo . org / regions / europe / serbia / ( last accessed 11 th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Country No. Respondents

Response Resources

Somalia 1 No

South Korea 1 No

Sri Lanka 1 No The Sri Lankan parliament, in the aftermath of accusations of widespread war crimes, overwhelmingly rejected a freedom of information bill put before them by the opposition United National Party on 21 June 2011

Tanzania 2 1 - Do not Know 1 - No

More info38

Uganda 1 Do not know After years of inaction, Uganda passed its Access to Information Regulations in April 2011, implementing the 2005 Access to Information Act. 39

UK 2 2 - Yes Freedom of Information Act 2000Freedom of Information (Scotland) Act 2003Public Records Act, 195840

USA responded as Venezuelan resident

1 Do not know The Venezuelan government created a centre to “compile, analyse and integrate” information in the public interest, but still does not have a specific access to information law that secures the right outlined in the country’s 1999 constitution.41 Articles 28 and 48. The Venezuelan legal framework, however, presents inconsistencies with respect to the inclusion of these concepts in other legal instruments. 42

Zimbabwe 1 No The Access to Information and Privacy Protection Act (AIPPA) 2002. While the title and text refers to FOI it allows the government to control the media and thwart freedom of speech.43

Appendix 4: Questionnaire

Internet Governance ForumNairobi, Kenya 2011

Public Sector Information online: towards a Global policy framework

Questionnaire

The organisers of the IGF6 workshop Public Sector Information online: towards a Global policy framework is undertaking an awareness survey on public sector information, open government data policy at the 2011 IGF in Nairobi. The findings from this survey will be included in the workshops final report following the IGF6.

38 FreedomInfo (Tanzania) http :// www . freedominfo . org /2011/01/ tanzanian - official - pledges - action - on - foi - legislation / ( last accessed 11 th October 2011) 39 Uganda ATI Regulation, 2011 http://right2info.org/resources/publications/uganda-ati-regulation-2011/view 40 FreedomInfo ( United Kingdom ) http :// www . freedominfo . org / regions / europe / united - kingdom / ( last accessed 11 th October 2011) 41 Article 19 (2011), op cit.42 Privacy International PHR2006 - Bolivarian Republic of Venezuela https://www.privacyinternational.org/article/phr2006-bolivarian-republic-venezuela ( last accessed 11 th October 2011) 43 FreedomInfo (Zimbabwe) http://www.freedominfo.org/regions/africa/zimbabwe/ ( last accessed 11 th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Nationality:

Country of residence:

Af!liation:

● civil society organisation● government● private sector● technology company● independent● researcher/academic● Intergovernmental organisation

● Do you know what open government data means?

Yes No Not sure

● Are you aware of any ways in which government data is being made open and available for reuse in your country?

Yes No

● Does your country have a Data Protection Law?

Yes No Do not know

● Does your country have a Freedom of Information Law?

Yes No Do not know

● Are you aware of the Creative Commons Licence model?

Yes No

Thank you for completing the survey!

If you would like to be contacted about the results, please provide your email here

Bibliography

15

Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives

Open Knowledge Foundation (no date), Open (Knowledge) Definition http://opengovernmentdata.org/what/ (last accessed 11th October 2011)

Doroshevich M (no date), Belarus, Internews and Political Intelligence, http :// ec . europa . eu / information _ society / activities / internationalrel / docs / pi _ study _ rus _ ukr _ arm _ azerb _ bel _ geor _ kaz _ mold /6_ belarus . pdf (last accessed 11th October 2011)

Greenleaf G (2011) Asia-Pacific Data Privacy: 2011, Year of Revolution?, University of New South Wales Faculty of Law Research Series 2011, Paper 30 http :// law . bepress . com / cgi / viewcontent . cgi ? article =1299& context = unswwps & sei - redir =1& referer = http %3 A %2 F %2 Fwww . google . co . uk %2 Furl %3 Fsa %3 Dt %26 source %3 Dweb %26 cd %3 D 9%26 ved %3 D 0 CGYQFjAI %26 url %3 Dhttp %253 A %252 F %252 Flaw . bepress . com %252 Fcgi %252 Fviewcontent . cgi %253 Farticle %253 D 1299%2526 context %253 Dunswwps %26 rct %3 Dj %26 q %3 Ddata %2520 protection %2520 law %2520 in %2520 china %25202011%26 ei %3 DWVeTTqthh 8 XxA - OotDk %26 usg %3 DAFQjCNH 14 mTBoGTuZrtfMpXqWyyNdWLFAw # search =%22 data %20 protection %20 law %20 china %202011%22 (last accessed 11th October 2011) pg. 6 http://www.insidecounsel.com/2011/10/07/e-discovery-what-increased-data-protection-means-f ( last accessed 11 th October 2011)

KPMG (2011), Fiji, http://www.kpmg.com/global/en/issuesandinsights/articlespublications/documents/thinking-beyond-borders-2011/ies-tbb-2011-fiji.pdf pg. 3 (last accessed 11th October 2011)

Practical Law Company (2011), Data Protection: Germany, Law stated as at 01-Apr-2011http :// ipandit . practicallaw . com /3-502-4080 (last accessed 11th October 2011)

Antokol (2008), International Privacy and Data Protection Laws, Baker & Daniels LLP, 24th October 2008 http :// www . primr . org / uploadedFiles / PRIMR _ Site _ Home / Resource _ Center / Useful _ Links / International _ Research / International _ Privacy _ Laws . pdf (last accessed 11th October 2011)

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