Access to Information Knowledge in the Public Administration (FI0026)

Taking care of the know-how of the access to information legislation and of the legal praxis that guides its interpretation. This is a way to secure that the interpretation principles are as consistent as possible in the administration. Access to information needs to be the main rule also in practice. Here it is important however to note that there are special areas and special legislation, as an example the security issues of police related to general and individual security. Supporting the know-how of access to information legislation by taking care that it is included in civil servants training and education. At the same time attention will be paid to understandability. Information is not genuinely public if it is not presented in an easy to understand way.

4. Strengthening the skills and knowledge of access to information legislation in the public administration

Language of the commitment as it appears in the action plan:

“Taking care of the know-how of the access to information legislation and of the legal praxis that guides its interpretation. This is a way to secure that the interpretation principles are as consistent as possible in the administration. Access to information needs to be the main rule also in practice. Here it is important however to note that there are special areas and special legislation, as an example the security issues of police related to general and individual security.

Supporting the know-how of access to information legislation by taking care that it is included in civil servants training and education. At the same time attention will be paid to understandability. Information is not genuinely public if it is not presented in an easy to understand way.”^{[Note : Finland National Action Plan 2017-2019 (in English), https://www.opengovpartnership.org/documents/finland-national-action-plan-2017-2019-all-languages/.]}

Start Date: Not identified             

End Date: Not identified

Context and Objectives

The commitment seeks to improve understanding of the access to information legislation and principle among government officials. According to two journalists interviewed for this report, there is a need for improvement in the application and know-how of access to information legislation.^{[Note : Juha Rekola, International Ombudsman, The Union of Journalists Finland. Email interview 20.02.2019. Jyrki Räikkä, Journalist, Helsingin Sanomat. Member of the Open Government Support Group. Email comment 20.02.2019.]} According to the international ombudsman of the Union of Finnish Journalists, civil servants are sometimes unknowledgeable of access to information legislation or might interpret the law in a confused manner.^{[Note : Juha Rekola, International Ombudsman, The Union of Journalists Finland. Email interview 20.02.2019.]} Understandability of information is also an issue, along with long response times for access to information requests and potential high fees for information services.^{[Note : Ibid.]}

The commitment addresses the lack of know-how to respond to access to information requests in public administration and the issues surrounding understandability of information. However, it does not directly address the problem of long response times or the high fees associated with access to information requests. The commitment is not verifiable, and it concerns the inner workings of the government without a clear public-facing element. It could be made more concrete by identifying responsible agencies and specific milestones and by increasing its outreach through the inclusion of a public-facing element. The commitment addresses a specific problem in public administration. However, because it only seeks to ensure the adequate execution of the current legal standard, its potential impact does not go beyond minor.

Next steps

The IRM researcher suggests that:

• The government could provide indicators through which the completion of this commitment is measured, such as data on the decisions made by the Administrative Court on access to information requests.
• The government could collect feedback on government communication and access to information requests from the civil society and media organisation to better assess the impact of this commitment.^{[Note : Summary of comments on Finland’s third national action plan submitted during the consultation period 2 February –3 March 2017, p.38, https://avoinhallinto.fi/assets/files/2017/06/Lausuntoyhteenveto-III-toimintaohjelma.pdf.]}
• If this commitment is carried forward, the government could identify government agencies whose funding depends on access to information requests and seek to decrease this dependency.

4. Strengthening the skills and knowledge of access to information legislation in the public administration.

Language of the commitment as it appears in the action plan:

“Taking care of the know-how of the access to information legislation and of the legal praxis that guides its interpretation. This is a way to secure that the interpretation principles are as consistent as possible in the administration. Access to information needs to be the main rule also in practice. Here it is important however to note that there are special areas and special legislation, as an example the security issues of police related to general and individual security.

Supporting the know-how of access to information legislation by taking care that it is included in civil servants training and education. At the same time attention will be paid to understandability. Information is not genuinely public if it is not presented in an easy to understand way.” [24]

Start Date: Not identified

End Date: Not identified

This commitment sought to improve the level of understanding on access to information legislation among civil servants, through increased training. According to the interviews conducted for the 2017-2019 IRM Design Report, there is currently a clear need for improvement in the application and know-how of access to information legislation in the Finnish public administration. [25] The commitment sought to ensure the adequate execution of the current legal standard set by the Act on the Openness of Government Activities.

During the implementation period, the Finnish government facilitated in-person and online training for civil servants on access to information legislation. [26] In June 2019, the government committed to strengthening the public administration’s compliance with the Act on the Openness of Government Activities “by setting a stricter obligation for authorities to comply with the Act and the related legal practice and case law in a manner that promotes transparency and by clarifying the sanctions that can be imposed for violations of the Act”. [27] Because the commitment does not outline measures other than civil servant training and education, its implementation status is complete.

According to the international ombudsman of the Union of Finnish Journalists, journalists continue to face issues regarding inadequate compliance with access to information legislation. [28] Some areas of government work better than others in this policy area, [29] but it is difficult to establish a systematic cross-government evaluation of the current practice or its improvement over the implementation period. [30]

Overall, the implementation of this commitment saw some change in government practice, but its effect on government openness was marginal.