Wednesday, March 14, 2012

Guarded optimism on FOI « The PCIJ Blog

Guarded optimism on FOI « The PCIJ Blog

"x x x.


Now, however, that President Aquino has given his endorsement, we see a game-changing opportunity in the struggle for a genuine FOI law.
There are 15 FOI bills filed and referred to the House Committee on Public Information chaired by Rep. Ben Evardone, and 12 FOI bills filed and referred to the Senate Committee on Public Information chaired by Senator Honasan. At the House, we support the proposed substitute bill submitted by Representative Erin Tañada to the committee in his capacity as Technical Working Group chairman.
This substitute bill, if passed, will translate into substantial gains to all citizens.
? First, it will impose a uniform and speedy procedure for people’s access to information.
? Second, it frees the broadest amount of non-sensitive information to easy and effective access for the everyday needs of citizens in availing of government services.
? Third, the bill lays down clear limits on exceptions. In addition to defining the limits of exceptions, the bill reaffirms existing and adds new safeguards against abuse of exceptions.
? Fourth, it identifies a list of documents of high public interest that are required to be disclosed without need of request, including SALNs that have otherwise been very difficult to access.
? Fifth, it introduces basic standards on government’s record keeping and introduces various mechanisms to facilitate easy access of information.
? Sixth, it introduces a number of better remedies to denial of access and violation of our right to information, including the imposition of substantial administrative and criminal liability.
To be sure, there will be continuing challenges that will have to be confronted if the bill in its present form is passed— such as the potential misuse of the national security exception. But on the whole, the bill represents a significant, progressive advance of our right to know, and fares very well when ranged against the close to 90 FOI laws around the world.

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