This report was released by the Government Information Access Council in 1996.  It contains principles

As a Senior Planner with the Information Policy Office (now part of the Office of Technology) in the Department of Administration, I provided extensive staff assistance to this council.  Like so many useful government documents, this document is not longer available online from the State of Minnesota.
 
 




MINNESOTA
GOVERNMENT INFORMATION
ACCESS COUNCIL

DIGITAL DEMOCRACY


Minnesota Citizens' Guide for

Government Information Policy
 

TABLE OF CONTENTS
 

Government Information Access Council: Digital Democracy

Citizens' Guide for Government Policy in the Information Age


 





 
Executive Summary.................................................... i

A. Recommendations........................................ i

B. Principles.................................................... iii

I. Introduction....................................................... 1

A. Tools of Democracy..................................... 1

B. Vision........................................................... 2

II. Recommendations............................................. 3

A. System Design............................................. 4

B. Training........................................................ 4

C. Government On-line.................................... 5

D. Information Policy Organization

and Enforcement.......................................... 6

E. Community Access....................................... 7

F. Additional Recommendations....................... 8

III. Guiding Principles............................................. 12
 


Appendices


A. The Government Information Access Council (GIAC)............................ 19

B. GIAC Enabling Legislation, and the Minnesota Data Practices Act........ 25

C. Nominal Group Process Used for Recommendation Prioritization.......... 31

D. Working Group Objectives and Report Excerpts...................................... 32

E. British Columbia Model for Independent Commissioner of

Freedom of Information and Privacy......................................................... 58

F. Bibliography and Resources...................................................................... 59

G. GIAC Member Additional Comments....................................................... 60

H. Reader Comment/Feedback Form.............................................................. 61


 
 
 
 
 

DIGITAL DEMOCRACY

Government Information Access Council

EXECUTIVE SUMMARY

The Minnesota Government Information Access Council (GIAC) was created in 1994 by the Minnesota State Legislature for the following purposes: to improve public access to government information and, therefore, to improve the democratic process, through the use of information technology; and to help government become more efficient, effective and responsive to the public through the use of information technology.

GIAC is a broadly representative group of 29 members who have met to provide vision and leadership for the tremendously exciting and challenging issues that the Ainformation age@ brings to a democracy. The Council embraced input from additional citizen members in their Work Groups, and traveled across the state conducting public meetings to include any interested individual or organization; all to gain inclusion and capture the collective wisdom of the people.

The vision guiding the Government Information Access Council is an ideal of more open government and more participatory citizens. All policy for access to and dissemination of government information and services must revolve around this philosophy; therefore, GIAC recommends that the following vision statement be formally adopted in statute as a guidepost for all future planning: A primary purpose of providing information access is open government.

A series of recommendations and a review of the GIAC basic principles is offered in this report. Although many important issues remain to be resolved, these can form the foundation for action on the part of elected officials and other government decision makers as deliberations proceed on how to enhance Minnesota=s position as a leader in quality of life. The tools of technology can and will affect Minnesotans= opportunities, rights and responsibilities. Thoughtful consideration of the guidance, observations and needs of the citizens will serve our state and our country well as leaders establish policies on information technology and applications.

I. RECOMMENDATIONS

Specific action is required to move forward in the implementation of the vision. To that end, GIAC has made the following recommendations:

A. Systems Design: All new or redesigned electronic government systems containing public information and services should fully integrate electronic public access to the information and services, and they should be interoperable to the greatest extent possible.

B. Training: Comprehensive training and education programs for all government personnel should be available. Such training should result in government personnel who are knowledgeable about fulfilling obligations and requirements under Minnesota=s information policy laws and practices; and are able to use current technologies and technology applications to improve public access to information and services. In addition, incentives should be provided for collaborative efforts to make available comprehensive training and education programs for citizens. The object of this training is to result in citizens who are knowledgeable about their rights under Minnesota=s information policy laws and are able to use current technologies and technology applications to access public information and services.

C. Government On-line: North Star should be recognized as Minnesota government=s official electronic access point. The State of Minnesota should implement a government information locator and index system that is compatible with established standards for government documents, information and services. The public should be enabled and encouraged to communicate electronically with elected officials, policy makers in government to encourage active citizenship. An on-line clearinghouse that includes service models, best practices, and an index of government on-line activities should be developed through the North Star Project. Local government representatives should be involved in determining what information and services should be provided by local governments, and in establishing a local government model for delivering information and services via North Star.

D. Information Policy Organization and Enforcement: Government units should review current practices to ensure that procedures for public access to public information and services are fully and clearly articulated, whether those procedures involve paper or electronic dissemination. To simplify proper understanding and use, existing government information policy law should be codified into a single chapter or a series of related chapters of Minnesota statute. Alternative methods to the resolution of disputes in a simple and less expensive manner than through the courts, need to be established. A Joint Legislative Commission on Information Policy should be created to assume primary responsibility for the development of uniform public information policy, strip old statutes of the confusing mix of nomenclature, and work with new legislation to ensure consistent language and policy results.

E. Community Access: Additional funding should be made available for the development of technology-supported government information and service projects at the local level. To ensure that citizens in every community have access to public, on-line government information and services, terminals for general public use should be made available during locally determined times at community sites. Comprehensive and ongoing outreach program to inform citizens about information technologies and services should be established to help them realize the potential benefits that information technologies offer to individuals, organizations and communities. Such an outreach program would identify which government organizations serve as the liaisons to support local grass-roots initiatives for developing information technologies and telecommunications infrastructure; and help citizens identify and use various public and private assistance that is available for improving the community=s economic development opportunities through the use of technologies. The use of interactive regional teleconferencing, public access channels and public broadcast facilities should be encouraged, with emphasis given to the provision of access to government decisionmaking.

F. Additional Recommendations: Further recommendations were discussed at length by GIAC, and are also offered in this report. They address collaborative, multi-government efforts to share information; Universal Service; equitable access; the matter of costs associated with getting government information; and the notification of the public as to the public availability of information.

It is the hope of all members of the Government Information Access Council that the publication of Digital Democracy, Minnesota Citizens= Guide for Government Information Policy, provides guidance to elected officials in providing improved public access to government information, improves the democratic process and helps government become more efficient, effective and responsive to the public as it incorporates information technology into the daily conduct of business.

II. GOVERNMENT INFORMATION ACCESS COUNCIL PRINCIPLES

The recommendations that are forwarded in this report are based on the 12 guiding principles that were adopted by GIAC in January 1996. Those principles are:

1. Access to government information is a fundamental right of all citizens in a democracy.

2. Responsive provision of information access and the dissemination of government information are essential functions of government.

3. Public access to government information shall be free, and any charge for copies shall not exceed marginal cost.

4. All citizens, regardless of geographic, physical, cultural, socio-economic status or other barriers, shall have equitable and affordable access to government information.

5. The Minnesota Government Data Practices Act and other information access policy laws must be complied with and enforced at all levels of government.

6. Privacy is a right that must be maintained and protected in the context of changing technology.

7. Government information shall exist in the public domain to the greatest extent possible.

8. Government shall ensure that government employees and citizens have the tools, applications, training and support for electronic access.

9. Interaction among citizens, governments, businesses and organizations shall be promoted through the use of information technology and networks.

10. Citizens shall be enabled and encouraged to be consumers and producers of electronic information and services.

11. The State shall ensure that all citizens of Minnesota have the benefits of Universal Service.

12. Effective competition in telecommunications services in Minnesota is an essential component of effective access and interactive use of government information and services in electronic form.
 
 



















DIGITAL DEMOCRACY

Government Information Access Council

I. INTRODUCTION

In 1995, the Government Information Access Council (GIAC) developed principles to guide elected officials and other government officials in decisions that impact citizen access to government information. Those principles were the basis for the recommendations that follow.

It is significant to note that GIAC is made up of a diverse group of individuals who think and feel passionately about government and information in the emerging electronic age.

Their backgrounds, experiences and commitments mold their beliefs on the subject, and during the process of considering the issues that was apparent. GIAC members, as well as additional citizen members, formed four Work Groups: Citizens and their Government - Tools of Democracy, Regulation and Tax Policy, Information Access Principles, and Demonstration Projects, Equal Access and Outreach. These Work Groups were the springboard for the recommendations presented in this report. For a summary of the Work Group objectives and supplemental information generated by them, please turn to Appendix D.

Of particular importance is the identification of certain tools of democracy that can and should be made available as quickly as possible. The Minnesota Data Practices Act stands out as the foundation for assuring that government information is publicly accessible. In addition, GIAC enabling legislation identifies some types of specific information or data that is essential to allow citizens to participate fully in a democratic system of government, and the following list of tools include those and core information resources that are important to public understanding of government activities. These documents or publications are currently accessible in traditional format, and most have statewide application. Electronic dissemination and access is viewed as necessary to carry out the spirit of the GIAC legislation.

A. TOOLS OF DEMOCRACY

The following list identifies the particular documents, data or information that are considered the basic electronic tools of democracy:

(1) directories of government services and institutions; Minnesota Guidebook to State Agency Services; State of Minnesota Telephone Directory; Legislative Directories
 

(2) legislative and rulemaking information, including public information newsletters; bill text and summaries; bill status information; rule status information; meeting schedules; and the text of statutes and rules (including index and search tools); state register

(3) official documents, releases, speeches and other public information issued by the Governor=s Office and Constitutional Officers, such as Secretary of State, Attorney General, State Treasurer=s Office, and the State Auditor=s Office

(4) the text of other government documents and publications such as the Supreme Court and Court of Appeals opinions and general judicial information; Ethical Practices Board, election finance and other reports; state budget information; local government documents like city codes, and county board minutes

In addition to these tools, government should be encouraged to offer services to the public electronically to improve convenience of access to those services. Examples include such services as applications for licenses such as driver=s or hunting licenses, the filing of tax returns or applications for employment.

B. VISION

The vision guiding the Government Information Access Council, as well the recommendations in this report, is an ideal of more open government and more participatory citizens. The two mutually encourage one another: open government--government that makes its information readily accessible to citizens-- allows citizens to become more knowledgeable and therefore participatory; more participatory citizens demand that their government be more open, and therefore more efficient, effective and responsive.

All policy for access to and dissemination of government information and services must revolve around this philosophy; therefore, GIAC recommends that the following vision statement be formally adopted in statute as a guidepost for all future planning in this area:

A primary purpose of providing information access is open government.

We are at an evolving, chaotic and transitory time in history, and the lively discussions that have taken place through GIAC represent a healthy discourse that will help us as a state and as a nation take action with awareness. Our country is a patchwork of differing points of view, and finding consensus on topics is both important and challenging. As we travel through this difficult period, government is presented with issues that demand immediate decision making as well as ongoing adjustments as we learn their long-term impacts. Readers of this report can take assurance that the recommendations and principles stem from a vision about democracy, equity and efficiency, and that this is a dialogue that will continue far into the future.
 
 
 

II. RECOMMENDATIONS

In its second year of meetings, the Government Information Access Council concentrated on refining, and then prioritizing, specific recommendations to the Legislature for improving public access to government information and for improving government efficiency, effectiveness and responsiveness through the use of information technology. In order to establish these priorities, members of the Priorities Committee generated and applied the following criteria:

& Will the recommendation improve and expand citizen access to government information?

& Will the recommendation improve government efficiency and effectiveness?

& Is the recommendation a foundational initiative, which must be established before other recommendations can be implemented?

& Will the recommendation clarify policy and principles that impact government information and services?

& Is the recommendation cost-effective?

Based on this criteria the following five recommendations were those categories in which most consensus was demonstrated. In the section following these five priorities, all other recommendations are discussed. Each of the recommendations in this section of the report have strong advocates within GIAC; recognizing that a simultaneous effort may disperse energy and resources too broadly, the Priorities Subcommittee of GIAC used a nominal group process to establish the criteria listed above to rank order the comprehensive array of recommendations. A summary of that process is available as Appendix C. Individual members of GIAC were offered the opportunity for comment to allow for the expressions of any concerns that may have been missed in the consensus building process. These comments are noted in Appendix G.

Recommendation Categories:

A. System Design

B. Training

C. Government On-line

D. Information Policy and Enforcement

E. Community Access

F. Additional Recommendations
 
 
 
 

A. System Design

New information technologies can eliminate barriers that sometimes exist between citizens and their government, as well as between government units themselves. If state and local governments make their public information and services available electronically, even more citizens will have ready access to the information and services, no matter what their geographic distance from the government unit that manages and maintains the information, no matter what time of day they want to access the information and services. Further, if government systems for delivering information and services are interoperable, new possibilities for improving efficiency and effectiveness arise.

To ensure that government units become more efficient and effective by taking full advantage of the possibilities offered by information technologies, GIAC makes the following recommendations:

  • 1. All new or redesigned electronic government systems containing public information and services should fully integrate electronic public access to the information and services.