Here is our monthly round-up of news from the transparency organisations in the ATI Network. This month, we have updates from Spain, the Netherlands, Poland, Sweden, Croatia, Hungary, Greece, South Africa and Latin America. What a global hum of transparency activity!

Access Info Europe have brought a joint legal challenge against the European Commission’s new internal access to documents rules, arguing that they violate the EU Charter of Fundamental Rights, the Treaty on the Functioning of the European Union (TFEU), and Regulation 1049/2001. More here.

SPOON in the Netherlands have gained two new members of staff, saying, “These new shining stars are not full-time, but definitely promising. We’re really happy with this addition and feel like we’ve gained a superpower!”

Additionally, they completed a major piece of research this month, investigating eight recurring assumptions in the debate around FOI in the Netherlands. It was the first time someone took the time to actually look at the facts. “And what did we find? None of them are true.”

The results of this research were presented just two days later in a parliamentary debate about the Woo, the Dutch FOIA. Hopefully, this will help counter the looming restrictions on the right to transparency in the Netherlands.

SPOON also advised three journalists on how to hold to account the Minister of Agriculture, who unceremoniously intervened by phone during a court hearing. This case, including the intervention, is now with the judge.

Finally, they helped a local media outlet in Amsterdam with their objection to a FOI decision, with the result that instead of nothing being released, nearly everything became public. Great result!

Sieć Obywatelska Watchdog Polska (SOWP) continued their intensive activities promoting transparency and protecting civic activism.

Together with Article 19, the Helsinki Foundation for Human Rights, and the Polish Federation of NGOs, SOWP launched the anti-slapp.pl platform, which gathers comprehensive information about Strategic Lawsuits Against Public Participation (SLAPPs).

This website offers access to legal analyses, reform recommendations, educational resources, and media coverage, thereby supporting journalists and activists in countering these threats.

SOWP also became heavily involved in the debate concerning the central register of public sector contracts. Their research across hundreds of local governments revealed that the Ministry of Finance’s proposed changes, raising the contract publication threshold from PLN 500 to PLN 10,000, would result in over 70% of contracts being undisclosed, undermining the effectiveness of the register.

They also re-ran their course “Hope(lessness) of Small and Large Municipalities,” enrolling 60 participants from across Poland, including councilors, local activists, village leaders, and public officials from 12 voivodeships. Over three months, participants will gain practical knowledge on civic oversight tools and local government operations.

Finally, SOWP also released two valuable podcast episodes this month: one addressing SLAPPs and another dedicated to successful actions aimed at protecting forests and local natural environments.

Handlingar, in Sweden, continue to apply for project funding and also looking into applying to be a part of incubators and accelerators. They want to focus efforts on getting Alaveteli much more well documented and easy to run and maintain and especially for the Pro features that can fund the public benefit free version of Alaveteli platforms. They’re looking to collaborate with all platforms and organisations in the FOIA networks! Get in touch at handlingar@okfn.se! 🙂

ImamoPravoZnati attended GONG’s annual Open Data Day conference on March 6 and 7. The event gathered institutional stakeholders, civil society organisations and data enthusiasts in a series of discussions and workshops, including one on digital tools for active citizens, where they presented their Alaveteli site Imamopravoznati.org.

KiMitTud, the Hungarian Alaveteli site, report: “In 2022, following an announcement, that the state had purchased N.S. Média és Vagyonkezelő Kft., the company that publishes the leading Hungarian sport newspaper (Nemzeti Sport), and designated a state-owned company as the entity responsible for exercising state ownership rights, Átlátszó submitted a Freedom of Information request for the contract related to the purchase of the Prime Minister’s favourite newspaper’s publishing company, but to no avail.

“They refused to release the document, claiming it was a trade secret.

“Since no such exemption applies to public funds and publicly relevant data, we took the matter to court. After more than two years of legal battles, we received the 33-page contract. The document revealed that the state had paid 3,479,756,000 forints in public funds for the publisher of Nemzeti Sport.” Read all about it here.

They continue, “Another court win from February, and quite an important one, as the court ruled in favour of the public in our case against a state railway company that hid its contract. The state railway’s maintenance subsidiary tried to withhold a 900 million HUF contract on the grounds that it “contains personal data that is subject to limited disclosure for GDPR purposes, as well as business secrets”. The court ruled, however, that as the company was managing public property and was therefore obliged to hand over the document to Átlátszó.” Read this story here.

Vouliwatch/Arthro5A The Greek organisation submitted two FOI requests this month. The first requested the publication of the members of the Ministerial Cabinet’s 2024 gift registry of (last May, following a successful appeal, VouliWatch had managed to get them to publish the registry for 2023).

The second requested information related to political parties and candidates’ finances from the Parliament’s audit committee, that is update on loans of each political party, election expenses of candidates and political parties, etc. The information in question, according to the law, should have been made public proactively.

Abrimos Info report that Mexico’s National Institute of Transparency for Access to Information and Personal Data Protection, INAI, is finally set to disappear this month, as secondary laws have already been approved.

Abrimos Info has secured a small rapid response grant to make a quick backup of parts of the national transparency platform, and continue to check on whether the data remains consistent after the switch.

They will be participating in the International Journalism Festival in Perugia in April, and participated in the OpenDataDay in México City. You can see a report on this here.

OpenUp ZA South African organisation OpenUp participated in the Africa & Middle East Open Government Partnership Regional Summit. “It was a lovely reconnection between our team and the stalwarts of the African FOI community in organisational partners like the Africa Freedom Of Information Centre, Uganda and the Media Rights Agenda, Nigeria”, they say.

mySociety: And finally, here at mySociety we have been working hard preparing for our TICTeC conference, after the whirlwind of the USA funding freezes – don’t forget to get your tickets!

We’ve also been drafting guidance around exceptions to the FOI act to support users from marginalised groups, and providing advice and support to two cohorts of people who are getting ready to submit their first requests.

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Image: Filip Mishevski

It’s a painful subject to think about — children lost and unaccounted for as they migrate across Europe — but it’s also one that it’s vital to monitor and quantify. 24 investigative journalists from 12 European countries have taken on the job, coming together in the crossborder Lost in Europe (LIE) investigation.

According to their findings, 18,292 unaccompanied child migrants went missing in Europe between January 2018 and December 2020 – that’s around 17 children slipping off the records every day, often into the world of crime, human trafficking and prostitution.

Liset Hamming is an investigative journalist who also runs Wob-Knop, the Netherlands’ Freedom of Information site, on our Alaveteli platform. Last year, she messaged to say that a contact of hers within LIE was starting a new investigation.

Liset would be assisting with sending FOI requests to immigration and border enforcement authorities in 16 European countries. We knew right away that the international Alaveteli network could provide exactly the help required.

We made introductions to partners in Croatia, Czech Republic, France, Germany, Sweden, Hungary, Belgium, Greece and of course the WhatDoTheyKnow team here in the UK. Then via our partners at Ask the EU help was offered for filing requests in Italy and Spain.

These experts were able to help Liset navigate the individual requirements of the FOI regime in each country, pointing toward the relevant authority and translating or refining the wording of the request being made. In some other countries, Liset made her own contacts.

Local knowledge

There’s a surprising amount you need to know before you start making FOI requests abroad. The Alaveteli network contacts were indispensable for their ability to answer questions about their local regimes: what law the requests would go under, what authority to request to, whether people from outside the country were legally eligible to make requests, what the deadlines were for responses and what recourse could be taken if these weren’t met. The information gathered from the various in-country contacts was put together with the preliminary research Lost in Europe had done into the availability of documents on child immigration numbers.

Based on all of this, the requests took two different forms: in some places, it was clear exactly which document type needed to be asked for; while in others this was harder to pin down, and so the requests were more exploratory.

This March, LIE ran a data bootcamp for their member journalists, data scientists and designers, as well as any others (including ourselves and our Alaveteli partners) who were involved in the investigation. They had three objectives for this two-day event:

• Analysis of the most recent statistics, figures, calculation methods and the exchange of data between different EU countries
• Identifying gaps in European laws, procedures and regulations in the field of children’s rights and migration
• Pinning down design, communication and clear storytelling around figures and maps, for a broad public readership

The discussions and outcomes of this intensive meetup were invaluable, and so far it has directly resulted in news stories across major publications in the Netherlands, Italy, Germany, Greece, France, Romania and the UK.

In the meantime the 16 requests have been filed and are in progress. The first responses from authorities are ‘dripping in’, as Liset puts it. Some FOI proceedings can take a while, as anyone who ever took up a similar challenge will confirm.

The investigation is still in progress, and you can follow along with its latest file here. As a tangible sign of the value already being uncovered, this strand of LIE’s work won first place in the global IJ4EU Impact Award for cross border journalism. We’re very glad to have been able to assist in this small way to a vital investigation.

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The requests

• On Transparencia for Belgium: request 1 to the General Directorate of the Administrative Police and request 2 to the Federal Police  (‘Total number of arrests at or near the border’)
• On Ma Dada for France: Procès-verbaux de la Police Aux Frontières (‘Border Police reports’) to the Ministry of the Interior
• On WhatDoTheyKnow for the UK: Total number of and reason for charges, checks, requests and/or arrests at the border regarding non EU citizens to the Home Office
• On Imamo Pravo Znati for Croatia: Policijskih izvještaja, izjava, optužbi i/ili zapisnika u vezi s provjerama, pretragama i/ili uhićenjima na granici (‘Police reports, statements, charges and / or records related to border checks, searches and / or arrests’) to the Ministry of the Interior, Zagreb
• On Frag Den Staat for Germany: Festnahme an der Grenze (‘Arrests at the border’) to the Federal Police HQ
• On Handlingar for Sweden: Gränshandlingar mellan 1 januari 2014 och 31 december 2020 (‘Boundary documents between 1 January 2014 and 31 December 2020’) to the Police Authority
• On Arthro5A for Greece (the first four requests ever filed on the brand new Alaveteli site!) συλλήψεις και αρνήσεις στα εσωτερικά σύνορα της ΕΕ (‘Arrests and denials at the Eu’s internal borders’) to the Ministry of Citizen Protection, the Greek Police, the National Coordinating Centre for Border Control, Immigration and Asylum and to the Ministry of Immigration and Asylum.
• Requests to the Ministry of Justice in the Netherlands had to be made by post, as they don’t accept FOI correspondence digitally.

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Image: Aude-Andre Saturnio

We’re delighted to announce that we’ve received funding from the Swedish Postcode Foundation that will help us extend our work on Freedom of Information in Europe.

The Foundation uses proceeds from the country’s lottery sales to help fund projects that support democracy and freedom of speech, as one of three areas where they believe they can help bring about long term positive change to the world.

The connection is particularly apt, as it was in Sweden that the world’s first FOI law was passed in 1766. From that beginning grew a worldwide good: since then, access to information has been recognised as a fundamental right by the European Court of Human Rights, and has been adopted in countries around the globe.

Matched up

In May 2019 we received funding from Adessium Foundation for a three-year project to increase access to online FOI tools across Europe. The ultimate aim is to enable journalists, campaigners and citizens in Europe to make greater and more effective use of their right to access information; and in particular to generate public interest stories and campaigns that will hold power to account.

Now this new match funding will allow us to dig further and build better within the main elements of the project, which are:

• To help partners to launch new FOI sites in the Netherlands, France (already completed) and another jurisdiction (coming soon).
• To upgrade existing sites to include the Alaveteli Pro functionality: AskTheEU already has this and five others will gain it shortly. By 2022 there’ll be 13 Alaveteli sites in Europe, 10 of which will have Pro.
• To improve the Alaveteli Pro software with new features that’ll make it a more powerful tool for investigations and campaigns (so far we’ve worked on exporting data from batch requests and enabling users to add links to news stories).
• To support journalist and campaigning organisations to use Alaveteli tools as part of their investigations (such as Privacy International’s use of FOI in their investigation into surveillance technologies used by police in the UK).
• To monitor government compliance with FOI, especially in the wake of the coronavirus pandemic.

Get involved

Now we can spread the goodness even further, so we’re planning to run some online training/learning activities around using Alaveteli tools as part of an investigation or campaign. If your work would benefit from this, and you live in an EU country with an Alaveteli Pro site, do get in touch.

We’re also keen to partner with membership-based news or campaign organisations to run more pilot projects using our new Projects feature. If you have a project that could benefit from contributors helping to extract and analyse data from FOI responses, let us know.

And finally: we’ll soon be starting to gather data about FOI compliance in different EU countries. If this is something that could benefit your work, register your interest and we’ll keep you posted.

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Image: Jonathan Brinkhorst 

Today is a pretty special day. Not only is it International Right To Know Day, but this year also marks the 250th anniversary of the world’s first Freedom of Information legislation, adopted by Sweden in 1766.

Open Knowledge Sweden have chosen this significant day to launch the beta version of FrågaStaten, the 28th installation of our Alaveteli Freedom of Information software.

This would always have been an extra special launch for us: Alaveteli is named after a small town, at that time Swedish, which was home to FOI’s forefather Anders Chydenius.

Anders Chydenius played a crucial role in creating the 1766 constitutional Freedom of Press legislation, which included a Freedom of Information law in Sweden.

This legislation enshrined the abolishment of political censorship, and gave civil servants the right to Freedom of Whistleblowing in order to expose corruption. Crucially, it also established the first law of public access to government documents (including the right to anyone to access records anonymously) – the first intimations of what we know today as Freedom of Information, or the Right To Know.

So, 250 years later, we are thrilled that Alaveteli is now being used in the country where Chydenius, and others, fought hard to establish the world’s first access to information law.

Above all, we’re delighted that Swedish citizens now have an easy way to request information from public authorities; which, in turn, is creating an online archive of public knowledge that anyone can access.

We asked Mattias from Open Knowledge Sweden, who is coordinating the project, their reasons for setting up the site:

Why did you decide to set up FrågaStaten?

Sweden has created a narrative of itself as being one of the most open countries in the world. Rightly so, as we have one of the strongest constitutions on Freedom of Information.

However, throughout the last century and up until the present day, we’ve been going backwards. Most journalists, lawyers and historians have brought attention to this state of affairs, but it has not changed. This threatens our democracy and is more of a danger to our society than we might initially perceive.

The issue is that our constitutional Freedom of Information was written for an analog and paper-based society.

Since the advent of computers, IT and the Internet, FOI is yet to receive the much needed digitisation — even though this would create as much value today as FOI did back in 1766 when it was introduced. Why? Because it would force Swedish authorities to release information digitally.

Today they are still clinging on to the last remains of a paper-based society, stubbornly releasing public information on physical documents. Coincidentally Sweden has one of the highest use and coverage of the Internet among its citizens, but digitisation of the public sector is lagging behind the rest of society and other countries.

At the same time, the development of open data is currently very slow or non-existent. This is a situation which could be completely flipped to the positive if political representatives truly committed to digitising our Freedom of Information Act and system, as open data is much more valuable today in our information age than it was 250 years ago.

FrågaStaten will shine a light on this and demonstrate the multiple positive outcomes of this scenario — so that is also why we are doing this.

What made you choose to use Alaveteli software for your platform?

I am a strong believer in open source, its flexibility, compatibility and potential and I saw that Alaveteli was the option which had the most development, maintenance and also a global community.

What are your future plans for the site?

Our mission is to accelerate the open digitisation of Sweden and transition to an open government in which its people truly can hold their government accountable. This platform is an important experiment and a key foundation to our strategy to connect projects, communities and initiatives, enabling open and social innovation.

We have just applied for funding for a side-project to FrågaStaten which intends to make a systematic scrutiny of how the Swedish state and public sector performs when it comes to following the constitutional Freedom of Press and Freedom of Information. We hope it will connect more people to the cause and help shine light on the dark spots of our Freedom of Information Act, and the health of our Swedish constitution.

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We wish Open Knowledge Sweden and FrågaStaten the best of luck in bringing Freedom of Information in Sweden into the 21st century. If you know anyone who would like to request information from Swedish public authorities, let them know about FrågaStaten!

If you fancy hearing more about Anders Chydenius and the first FOI law, please check out these upcoming events.

Image: Ian Insch(CC)