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

The Internet Governance Forum Nairobi, 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? What is Open Government Data? African Countries 55% said yes 32% said not sure 13% said no Non African Countries 75% said yes 10% said no 15% said not sure

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

open and available for reuse in your country African Countries 61% said yes 35% said no 4% said not sure Non African Countries 75% said yes 25% said no 0% 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 Awareness of data ● 50% said yes protection legislation ● 30% said they did not know African Countries ● 20% said no 36% said yes
Image 2: Knowledge about the existence of data protection legislation in their country of residence (All respondents)

19% said no 45% said do not know Non African Countries 70% said yes 20% said no 10% said do not know

Freedom of Information Legislation
1

Awareness of Freedom of Information laws African Countries

55% said yes 29% said no According to the Open (Knowledge) Definition “in essence material (data) is open if it can be freely used, reused and redistributed by 16% government controlled anyone. “government data” means data and information produced or commissioned by government or said do not know entities.
http://opengovernmentdata.org/what/ (last accessed 11th October 2011)

3

Non African Countries 50% said yes 95% said no 5% said do not know

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)

Awareness of Creative Commons Licence African Countries 59% said yes 41% said no Non African Countries 70% said yes 30% said no

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
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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

Nationality Belarus China

Country of residence Belarus China

Affiliation CSO IGO Private Sector/ Technology Company IGO Researcher/ Academic CSO Researcher/ Academic Technology Company CSO/ Government Private sector Technology Company

Do you know what open govt data means? Yes Yes

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

Does your country have a data protection Law No Yes

Does your country have a FOI law No No

Are you aware of the CC licence Yes Yes

Fiji France France Germany Germany Germany Ghana Kenya Kenya

Fiji France Kenya Switzerland Germany Germany Ghana Kenya Kenya

No Not sure Yes Yes Yes Yes Yes Yes Yes 5

No No Yes Yes Yes Yes Yes Yes Yes

No Yes Yes Yes Yes Yes Yes (under revision) Do not know Do not know

No Yes Yes Yes Yes Yes No (under discussio n) Do not Know Do not know

Yes No No Yes Yes Yes Yes No No

Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Are you aware of any ways in which govt data is being made open and available for reuse in your country? Yes No Yes Yes No No No Yes No No Not sure Yes Yes Yes Yes No Yes No No Yes Yes

Nationality Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Malawi Mali n/a n/a

Country of residence Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Malawi Mali n/a n/a

Affiliation Technology Company Private sector Government Private sector IGO Independent Independent Independent Researcher/ Academic Technology company Government Technology company Researcher/ Academic Researcher/ Academic Researcher/ Academic Independent Researcher/ Academic Researcher/ Academic Government CSO Private sector CSO, Technology company/IGO Researcher/ Academic

Do you know what open govt data means? Yes Yes Not sure Yes No Not sure Not sure Not sure Not sure Not sure Yes No Not sure Yes Yes No Yes Not sure No Not sure Not sure

Does your country have a data protection Law Do not know Do not know No No Do not know Do not know Do not know Do not know Yes Yes Yes Yes Yes Yes Yes Do not know Do not know No No No Yes

Does your country have a FOI law Do not know No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes

Are you aware of the CC licence Yes Yes Yes Yes No No No No No No No No No No No Yes Yes Yes Yes No No

n/a Nigeria

n/a Nigeria

Yes Yes

Yes Yes

Do not know Yes

Yes Yes

Yes No

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Nationality

Country of residence

Affiliation

Do you know what open govt data means?

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 Niue, State of New Zealand

CSO, Researcher/ Academic, IGO Private Sector/ Technology Company

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

No

No

No

No

No

Pakistan Papua new guinea

Pakistan Papua new guinea

Technology Company

Yes

Yes - made a website on taxation system so we can pay taxes online

Yes

Yes

No

CSO CSO, Independent, Technology Company, Researcher/Ac ademic

Not sure

Yes

No

No

No

Russia

Poland

Yes

Yes

Yes

No

Yes

Rwanda Senegal Serbia

Rwanda Senegal Serbia

CSO, Government, Researcher/ Academic Government CSO

Not sure Not sure Yes

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

Yes Yes Yes Yes - in process public consultatio n as of September 2011

Yes (ICT Bill contains this) Yes Yes

No No Yes

Singapore

Singapore

Government

Yes

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

No

Yes

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Are you aware of any ways in which govt data is being made open and available for reuse in your country?

Nationality

Country of residence

Affiliation Government/ Researcher / Academic Researcher/ Academic Researcher/ Academic Researcher/ Academic IGO Independent Private Sector, Researcher/ Academic Researcher/ Academic Technology Company/ Researcher/ Academic

Do you know what open govt data means?

Does your country have a data protection Law

Does your country have a FOI law

Are you aware of the CC licence

Somalia South Korea Sri Lanka Tanzania Tanzania The Netherlands

Somalia Korea Sri Lanka Tanzania Tanzania The Netherland s

Yes yes Yes Yes Yes Not sure

Yes Yes Yes Yes No No

No Yes Do not know Do not know No Yes Do not know Yes

No No No Do not know No Yes Do not know Yes

Yes Yes Yes No Yes Yes

Uganda UK

Uganda UK

Yes Yes

No No

Yes No

UK

UK

Yes

Yes

USA

Venezuela

CSO

Yes

Yes - private information is sold and reused for political discrimination Yes - but open government data is outdated except for fiscal revenue (tax matters)

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

Yes

Yes

Do not know

Yes

Zimbabwe

Kenya/ Tanzania

Technology Company

Yes

Do not know

No

No

Appendix 2: Responses about data protection legislation. 8

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

Country

Responde nts 1

Data Protection No

Resources

Belarus

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 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 More information 5 The French Data Protection Act and The French Data Protection Authority have been established. The German Federal Data Protection Act of 20 December 1990 was amended by law of 14 September 1994 6 Constitutional only 7Articles 18 and 21 No data protection law yet. Kenyan government is working on both Data Protection Bill and Information and Communication Technology Bill. 8

China

1

Yes

Fiji France Germany

1 2 3

No 2 said Yes 3 said Yes

Ghana Kenya

1 19

Yes 7 Yes 2 - No 10 - Do not know No No Yes Yes

Malawi Mali Netherlands Nigeria
2

1 1 1 1

Dutch Data Protection and Act and Data Protection Authority exists

9

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 %3A%2F %2Fwww.google .co.uk%2Furl%3Fsa%3Dt%26source%3Dweb%26cd%3D9%26ved%3D0CGYQFjAI %26url%3Dhttp%253A%252F %252Flaw.bepress .com%252Fcgi%252Fviewcontent .cgi%253Farticle %253D1299%2526 context %253Dunswwps %26rct%3Dj%26q%3Ddata %2520protection %2520law%2520in%2520china%25202011%26 ei%3DWVeTTqthh 8XxA-OotDk%26usg %3DAFQjCNH 14mTBoGTuZrtfMpXqWyyNdWLFAw #search=%22data%20protection %20law%20china%202011%22 (last accessed 11th October 2011) pg. 6 4 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. 6
6

Practical Law Company (2011), Data Protection: Germany, Law stated as at 01-Apr-2011 http://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 11th October 2011) 8 Ibid pg. 16
9

Ibid pg. 20

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Country Responde nts Data Protection Resources

answering as the Gambia resident Nigeria Niue - New Zealand Pakistan Papua New Guinea Russia 1 1 Yes No The New Zealand Privacy Act 1993 established the office of Privacy Commissioner. 10 No signs of data protection legislation 11 There are no known data privacy developments in Papua New Guinea 12 The law came into effect on July 1, 2011. Commentators, however, believe the law unfavourably and unworkable. 13

1 1 1

Yes No Yes

Rwanda Senegal Serbia

1 1 1

Yes Yes Yes Act on the Protection of Personal Data 2007 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 The Singapore government plans to introduce legislation for debate in parliament early-2012. 15

Singapore

1

Yes

Somalia Sri Lanka

1 1

No Do not know No signs of data protection legislation 16

10 11 12 13

Greenleaf G (2011) op cit. pg. 10 Ibid pg.7 Greenleaf G (2011) op cit

Segalis 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 11th 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 11th 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 Responde nts 1 2 Data Protection Yes 1 – Do not know and 1 No Do not Know 2 - yes Do not Know The UK Data Protection Act 1998 19 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 The Access to Information and Privacy Protection Act (AIPPA) 2002 22 Resources

South Korea Tanzania

(Data Protection Act 2011) 17 There is no law in Tanzania which protects data or databases in Tanzania. 18

Uganda UK USA responding as Venezuelan Resident

1 2 1

Zimbabwe

1

Do not Know

Appendix 3: Responses about freedom of information law Country No. Responde nts 1 1 1 2 Response Resources

Belarus China Fiji France
17

No No No 2 said yes Freedom of Information Act 23 Constitutional - Draft law 24 The 1978 Law on Access to Administrative Documents. The 1978 Data

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-inrelation-to-the-outsourcing-clause-and-relevant-regulatory-framework-2/ (last accessed 11th 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 11th October 2011) 19 The National Archives (no date) Data Protection Act 1998 http://www.legislation .gov.uk/ukpga/1998/29/ contents (last accessed 11th October 2011) 20 PHR2006 - Bolivarian Republic of Venezuela, Privacy International https://www.privacyinternational.org/article/phr2006-bolivarian-republic-venezuela (last accessed 11th 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 2011 http://www.clearingandsettlement.com/2011/10/from-habeas-data-action-to-omnibus-data-protection-the-latin-american-privacy-revolution/ (last accessed 11th October 2011) 22 FreedomInfo: Zimbabwe (no date) http://www.freedominfo .org/regions /africa /zimbabwe / (last accessed 11th October 2011)
23 24

Read more about this on the Freedom of Information China blog http ://foichina .blogspot .com/ (last accessed 11th October 2011)

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 =aefd8a6dd6a237679 f6c23dc32eccb81 (last accessed 11th October 2011) KPMG (2011), Thinking Beyond Borders: Management Of Extended Business Travelers, Fiji http://www.kpmg .com/Global/en/IssuesAndInsights /ArticlesPublications /Documents /thinking -beyond-borders -2011/ies-tbb-2011-fiji.pdf (last accessed 11th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Country No. Responde nts Response Resources

Protection Act allows individuals to obtain and correct files that contain personal information about themselves from public and private bodies. 25 Germany Ghana Kenya 3 1 19 3 said yes No 13 - yes 3 - no 3 don't know No No Yes Yes The Federal Freedom of Information Act (1 June 2005) 26 More information 27 Kenya has added a freedom of information law to its list of priority legislation to pass before August 2012 Malawi has included freedom of information provisions in new constitutions 28. Mali has started discussions on developing laws. 29 Government Information (Public Access) Act 1991 Openness of Government Act 30

Malawi Mali The Netherlands Nigeria responding for the Gambia Nigeria

1 1 1 1

1

Yes

25 26 27

FreedomInfo .org: France (no date) http://www.freedominfo .org/regions /europe /france / (last accessed 11th October 2011) FreedomInfo .org: Germany (no date) http://www.freedominfo .org/regions /europe /germany / (last accessed 11th October 2011)

PeaceFM online (2011), The State of Ghana's Economy in 2011, 30th August 2011 (last accessed 11th October 2011) http://news.peacefmonline .com/features /201108/65858. php (last accessed 11th 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 11th October 2011) 29 Africa 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 -toinformation -&catid=293:afic-news&Itemid =561 (last accessed 11th October 2011) 30 FreedomInfo : The Netherlands (no date) http ://www.freedominfo .org/regions /europe /netherlands / (last accessed 11th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Country No. Responde nts 1 Response Resources

Niue - State of New Zealand Pakistan

No

Bill of Rights Act (Section 14) Official Information Act 1982 Local Government Official Information and Meetings Act 1987 31 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 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 The Law on Providing Access to Information on the Activities of State Bodies and Bodies of Local Self-Government 34 The Government of Rwanda has only proposed a fairly progressive bill 35 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 Serbian Law on Free Access to Information of Public Importance 37

1

Yes

Papua New Guinea

1

No

Russia Rwanda Senegal

1 1 1

No Yes Yes

Serbia Singapore

1 1

Yes Yes

31
32

FreedomInfo (New Zealand (no date) http://www.freedominfo .org/regions /oceania /new-zealand / (last accessed 11th October 2011) Centre for Law and Democracy (2011), Pakistan: Note on the draft Right to Information Law, July 2011 http://www.law-democracy.org/wpcontent/uploads/2010/07/10.07.Pakistan.RTI-Note.pdf http://www.foiapakistan.com/about-foia-pakistan.html (last accessed 11th 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 11th October 2011)
34 35

FreedomInfo (Russia ) http ://www.freedominfo .org/regions /europe /russia/ (last accessed 11th October 2011) (last accessed 11th October 2011)

Article 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 36 Ibid
37

FreedomInfo (Serbia ) http://www.freedominfo .org/regions /europe /serbia / (last accessed 11th October 2011)

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Awareness Survey on Freedom of Information and Data Protection Legislation and Open Government Data Initiatives
Country No. Responde nts 1 1 1 Response Resources

Somalia South Korea Sri Lanka

No No 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 More info 38

Tanzania

2

1 - Do not Know 1 - No Do not know

Uganda

1

After years of inaction, Uganda passed its Access to Information Regulations in April 2011, implementing the 2005 Access to Information Act. 39 Freedom of Information Act 2000 Freedom of Information (Scotland) Act 2003 Public Records Act, 1958 40 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 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

UK

2

2 - Yes

USA responded as Venezuelan resident

1

Do not know

Zimbabwe

1

No

Appendix 4: Questionnaire

Internet Governance Forum Nairobi, 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 11th 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 11th October 2011) 41 Article 19 (2011), op cit.
42

Privacy International PHR2006 - Bolivarian Republic of Venezuela https://www.privacyinternational.org/article/phr2006-bolivarian-republicvenezuela (last accessed 11th October 2011) 43 FreedomInfo (Zimbabwe) http://www.freedominfo.org/regions/africa/zimbabwe/ (last accessed 11th 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

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

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