Troubling Transparency


Book Description

Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad—how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of “open data” and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.




Democracy and Transparency in the Indian State


Book Description

The enactment of the national Right to Information (RTI) Act in 2005 has been produced, consumed, and celebrated as an important event of democratic deepening in India both in terms of the process that led to its enactment (arising from a grassroots movement) and its outcome (fundamentally altering the citizen--state relationship). This book proposes that the explanatory factors underlying this event may be more complex than imagined thus far. The book discusses how the leadership of the grassroots movement was embedded within the ruling elite and possessed the necessary resources as well as unparalleled access to spaces of power for the movement to be successful. It shows how the democratisation of the higher bureaucracy along with the launch of the economic liberalisation project meant that the urban, educated, high-caste, upper-middle class elite that provided critical support to the demand for an RTI Act was no longer vested in the state and had moved to the private sector. Mirroring this shift, the framing of the RTI Act during the 1990s saw its ambit reduced to the government, even as there was a concomitant push to privatise public goods and services. It goes on to investigate the Indian RTI Act within the global explosion of freedom of information laws over the last two decades, and shows how international pressures had a direct and causal impact both on its content and the timing of its enactment. Taking the production of the RTI Act as a lens, the book argues that while there is much to celebrate in the consolidation of procedural democracy in India over the last six decades, existing social and political structures may limit the extent and forms of democratic deepening occurring in the near future. It will be of interest to those working in the fields of South Asian Law, Asian Politics, and Civil Society.







Overview of the Privacy Act of 1974


Book Description

The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.




The Right to Information Act 2005


Book Description

The Indian state till recently denied information about its functioning and decision-making to its citizens, ironically, using laws made during the colonial period. Apart from being an anomaly in a democratic set-up, it created an adverse impact on the quality of governance, accountability, and transparency. It was only in 2005, after a prolonged freedom of information movement, that this situation was finally rectified. The government enacted the landmark Right to Information Act 2005, and gave to all its citizens the right to access information held by or under the control of public authorities. This Handbook is meant to serve as a practical guide to the implementation of the Act. The book begins by locating the Act in the context of a global movement for freedom of information (FOI), and discusses the efforts made by international bodies for adoption of FOI. It also presents a detailed comparative study of FOI in five countries—the US, the UK, Canada, South Africa, and India. In subsequent chapters, the book adopting a step-by-step approach, discusses the provisions of the Right to Information Act, how citizens should make use of the right to information, the comprehensive guidelines for public authorities and their obligations under the Act, which includes relevant central information commission decisions, the role of the public information officers (PIO), who are to be appointed as per the provisions in the Act by all public authorities, the exemptions allowed under the Act, and, finally, the appellate authorities to whom a citizen can appeal in case of unsatisfactory response by the PIO.




The RTI Story: Power to the People


Book Description

Aruna Roy resigned from the IAS in 1975 to work with peasants and workers in rural Rajasthan. In 1990 she helped co-found the Mazdoor Kisan Shakti Sangathan (MKSS). The MKSS struggles in the mid 90s for wages and other rights gave birth to the now celebrated Right to Information movement. Aruna continues to be a part of many democratic struggles and campaigns. This book is a collective history that tells the story of how ordinary people can come together and prevail against great odds, to make democracy more meaningful.




The Right to Information in India


Book Description

The Oxford India Short Introductions are concise, stimulating, and accessible guides to different aspects of India. Combining authoritative analysis, new ideas, and diverse perspectives, they discuss subjects which are topical yet enduring, as also emerging areas of study and debate. Access to information is indispensable to the functioning of any true democracy. An Indian citizen's right to information is guaranteed by Constitution of India and implicitly embedded in his right to the freedom and expression. Bringing together the major aspects of the Right to Information Act 2005, this book presents a clear and concise introduction to: -the evolution of the Act and the various privileges conferred under it, - the procedures involved in seeking information, - the duties of information suppliers, and - the kinds of information which are exempted from disclosure. Through in-depth comparative analyses of the law in various other parts of the world, it captures the strengths and drawbacks of the RTI Act, its success stories, and suggests policy measures to improve its implementation.




The Freedom to Read


Book Description




Access to Knowledge


Book Description