Proactive Publication of Information (ME0059)

Proactive publication of information
Commencement and completion dates: January 2019 – August 2020
Responsible institution Line ministries The General Secretariat to the GoM Other state administration authorities
Commitment
The issue at stake Lack of targeted, well-systematised and usable data on the Open Data portal to enable business start-ups to access information and data helpful for starting a business and its market positioning. Integrity refers to lawful, independent, impartial, accountable and transparent exercise of duties by public officials and other public employees preserving their own and the institution’s reputation. Over the last 10 or so years the NGO Centre for Democratic Transition developed the openness index for executive, legislative and judicial authorities, as well as for local self-governments. The findings indicate that for many years the executive branch in Montenegro has been the regional leader in openness at the level of the Government, line ministries and other state administration authorities. Recently, however, we have observed some deteriorations in certain segments. There is no systemic monitoring in place for the implementation of the Guidelines for creating electronic documents in line with e-accessibility standards, developed by the MPA in collaboration with the Association of the Blind of Montenegro, and consistent with the Government commitments for protection of persons with
disabilities. On the other hand, there is still a limited accessibility of formats for persons with disabilities, thus restricting their access to administrative services.
Commitment This commitment implies the creation of more open data to foster intra- and inter-sector communications, particularly to provide better public information in various areas of public interest. A survey of business start-ups is needed to understand the type and structure of data to be posted on the open data portal that would facilitate the process of starting a business, add value at the market and share information with other stakeholders. Set up a separate section for start-ups as generators of future growth and strengthening of the MSME sector. To deliver on this commitment the amendments to the Decree on State Administration Setup and Method of Operation are needed to set the criteria/standards to have consistent openness of the executive branch horizontally and vertically in reference to: regular and consistent date publication and updates in the open data format, greater budget transparency, user-friendliness and accessibility. Public administration integrity and public trust in institutions will be enhanced through preparation and publication of electronically readable publications. Accessible contents at webpages of state institutions, i.e. e-services they offer and the e-document available online, are important steps towards digital equity. Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law.
How will it help address the issue Collection, classification and distribution of open data through a single centralised point ensures greater openness and new opportunities for citizens and businesses to create new value from the data available. By opening data, government fosters the development of creative businesses and knowledge-based economy, and in return it gets the feedback that can be used for improving data quality.
Availability of relevant data for business start-ups at a single place is an important resource for new entrants in the market, but also for those seeking jobs through autonomy and innovation. Such a database is needed to address that issue and serve as a firm foundation for promoting and fostering new business opportunities. Regulation of the matters affecting transparency of the government will contribute to its greater integrity, and the consistent implementation would respond to the needs of stakeholders, i.e. citizens as end users – to systematically publish data of general interest by unifying practices and standards for all state administration authorities. Availability of electronically readable government data is an additional indicator of its openness. The right to freely access information held by public authorities is an important aspect of a democracy. Citizens are entitled to true and timely information on matters affecting their lives and their environment, and have the right to participate in decision-making. The full implementation of the Free Access to Information Law is seen in tis oversight function, since citizens and other entities may have direct insight into the operation of public authorities and the work of officials, as one of the tools to prevent negligence, misconduct, abuse of office and corruption.
Its relevance to OGP values The delivery on this commitment is yet another indicator of transparency seen in publication of more highvalue and easily accessible information, primarily for the purpose of public information as a precondition for and one form of public participation in policy-making and other stages of policy life. Moreover, having legislative regulation in place implies accountability of all those obliged to apply the relevant provisions. The delivery on this commitment would add to transparency and accountability of public authorities and enhance the constitutionally enshrined right to freedom of information.
Additional information Compatibility with SDGs Reference to SDG 16: ‘Peace, Justice and Strong Institutions’ 16.6 – Develop effective, accountable and transparent institutions at all levels 16.10 – Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. The actions to be undertaken within the framework of this commitment will contribute to increasing access and use of public information and data with the aim of increasing public administration transparency and accountability.
BUDGET €49,500
Actions with verifiable results and implementation dates
3.1 Amendments to the Decree on State Administration Setup and Method of Operation - The amended Decree sets the rules for openness of the Government, line ministries and other administration authorities
3.2 Greater use of the open data portal http://www.data.gov.me - An increase in data sets in the area of public security, education, agriculture, maritime affairs, labour and social welfare, transport, administration, health, environment by 30% compared to October 2018 (29) - Increased number of data set themes - 5 new themes January 2019 August 2020 24 - Review opportunities for and increase relevant open-data ranks like OD Barometer (World Wide Web Foundation), Open Data Index (OKF), OURData Index (OECD) and ODIN (Open Data Watch)
3.3 Use of open data to support business start-ups – €20,000 - A public event (hackathon) (purpose: get customer feedback on the conceptual design, develop prototypes for advanced search options, advance functionalities and customer experience at the data.gov.me portal) – 30 participants - Survey of business start-ups on the type and structure of data to be found on the open data portal - Develop a database at http://www.data.gov.me - Develop support and mentorship tools for business start-ups based on high-value sets (based on prior surveys)
3.4 Develop an online platform to support SMEs (the Ministry of Economy) - the platform for structured information provision on SME incentives and grants in place
3.5 Ensure the publication of electronically readable materials from GoM sessions (SG to GoM and MPA) – €4,500 - Develop guidelines on electronically readable documents -Train staff for creating electronically readable documents
3.6 Monitor the implementation of Guidelines for Electronically Readable Documents in line with e-accessibility standards - 2019 Monitoring Report developed
3.7 Amendments to the Free Access to Information Law – €25,000 - Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law and creation of a legal framework more conducive to the exercise of this right
3.8 Report on the implementation of the Law on Classified Data over the last 3 years (Directorate for Secret Data Protection) - The report will include: number of data for which classification has expired in the legal deadline in total and by authority; number of data whose classification was reconsidered; number of data whose level of classification was reduced in each of the authorities having in place commissions for periodic re-examination of classified data; number of declassified data at the commission’s proposal, in total and by authority; data on the implementation of punitive provisions, particularly the list of legal entities punished under Art 82.
Points of contact
Responsible person in the implementing entity Bojana Bajić, Aleksandra Masoničić, Marija Hajduković, MPA
Title/Department The Directorate for State Administration The Directorate for e-Government and Information Safety The Directorat for Good Governance and Interactions with NGOs
e-mail / phone bojana.bajic@MPA.gov.me 26 aleksandra.masonicic@MPA.gov.me marija.hajdukovic@MPA.gov.me

3. Proactive publication of information

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

“This commitment implies the creation of more open data to foster intra- and inter-sector communications, particularly to provide better public information in various areas of public interest.

A survey of business start-ups is needed to understand the type and structure of data to be posted on the open data portal that would facilitate the process of starting a business, add value at the market and share information with other stakeholders. Set up a separate section for start-ups as generators of future growth and strengthening of the MSME sector.

To deliver on this commitment the amendments to the Decree on State Administration Setup and Method of Operation are needed to set the criteria/standards to have consistent openness of the executive branch horizontally and vertically in reference to: regular and consistent date publication and updates in the open data format, greater budget transparency, user-friendliness and accessibility.

Public administration integrity and public trust in institutions will be enhanced through preparation and publication of electronically readable publications.

Accessible contents at webpages of state institutions, i.e. e-services they offer and the e-document available online, are important steps towards digital equity.

Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law.”

Milestones:

3.1 Amendments to the Decree on State Administration Setup and Method of Operation

3.2 Greater use of the open data portal http://www.data.gov.me

3.3 Use of open data to support business start-ups

3.4 Develop an online platform to support SMEs

3.5 Ensure the publication of electronically readable materials from GoM sessions

3.6 Monitor the implementation of Guidelines for Electronically Readable Documents in line with e-accessibility standards

3.7 Amendments to the Free Access to Information Law

3.8 Report on the implementation of the Law on Classified Data over the last 3 years

Start Date: November 2018                                                                 

End Date: August 2020

Context and Objectives

This commitment aims to proactively improve access to information and open data in Montenegro by conducting internal and external public administration reforms. First, the commitment seeks to amend the Decree on State Administration Setup and Method Operation to provide clear rules for opening data in Montenegro. The government has committed to increase available datasets by 30% and to release information on five new data themes. Secondly, the commitment aims to support business start-ups through open data hackathons and mentorship tools. The government also plans to publish information on incentives and grants for small and medium sized enterprises (SMEs) and ensure publication of electronically readable materials from government sessions in line with accessibility standards. Finally, the commitment aims to legally review and amend provisions of the Free Access to Information (FOI) Law and to report on the implementation of the Law on Classified Data.

The commitment’s activities are verifiable. However, the planned activities involve many different themes and do not list expected outcomes or milestone indicators. For example, the commitment envisages an analysis of the FOI Law’s practical implementation but does not provide concrete steps to improve the law. Also, it is unclear how many electronically readable documents will be published after the adoption of the guidelines under Milestone 3.6. According to the Center for Democratic Transition, the report on the implementation of the Law of Classified Data could allow citizens to review possibly unjustified classifications of documents. [15] However, the completion of the commitment does not guarantee any changes in government practices or promise more proactively published documents on state websites. According to the State Secretary of the Ministry of Public Administration (MPA), the Operational Team cannot impose legal solutions to the Working Group that is going to prepare changes for the FOI Law. [16] As a result, the commitment’s potential impact is minorprmbition anduinely successful  e t guaranty any change. of milestones but it is not verifiable on the level of objectives. Comp

Next steps

Moving forward, the IRM suggest the following:

• The government could publish more data on specific areas. For example, the Ministry of Finance could publish data on government-spending on a regular basis and in readable format.
• The target group of the MPA could be extended from SMEs to include CSOs. Civil society needs open data, not only for greater accountability of public authorities but also because CSOs in Montenegro create many applications.
• This government could specify a target number of documents that will be published each month. This number could continuously increase until every report prepared for the governments’ session is electronically readable. All materials could be electronically readable in a three-year period of time.
• The government could clarify how the FOI law will be amended and what measures will be taken to continuously and proactively increase published documents of all public authorities.
• On the Law on Classified Data, the government could incentivize public authorities to re-examine data that is currently classified as secret and publish data no longer secret, in accordance with the law.

[15] Interview by IRM researcher, Sept. 2019.

[16] Interview by IRM researcher, Sept. 2019.

Commitment 3. Proactive publication of information

Limited

This commitment aimed to improve access to information and open data in Montenegro. Specific milestones included: (3.1) amending the Decree on State Administration Setup and Method of Operation, (3.2) increasing use of the open data portal http://www.data.gov.me, (3.3) using open data to support business start-ups, (3.4) developing an online platform to support SMEs, (3.5) ensuring the publication of electronically readable materials from Government of Montenegro sessions, (3.6) monitoring the implementation of Guidelines for Electronically Readable Documents in line with e-accessibility standards, (3.7) amending the Free Access to Information Law, and (3.8) reporting on the implementation of the Law on Classified Data.

The Decree on State Administration Setup and Method of Operation (3.1) states that the Ministry for Public Administration, Digitalization and Media is responsible for ensuring information held by public authorities is available in open format. There is no further mention of open data in the Decree. [16]

Based on a review of datasets on the data.gov.me portal, 16 public institutions published 192 datasets in 13 areas (3.2). A total of 134,501 downloads of datasets are recorded in the analytics of the website (as of February 2022). [17] The most downloaded file is the salaries in the Parliament of Montenegro, indicating some interest in this topic. [18] However, interviewed civil society stakeholders stated they do not often use the portal in their work. Moreover, many datasets consist only of contact lists, which are already available on other websites. [19] Among the more potentially useful datasets are energy licenses, a list of active CSOs in the country, and public funding of CSOs from 2013-2018. [20] One indicator for this milestone was improving Montenegro’s rank in global open data indices. There is no data for Montenegro from the Open Data Barometer (World Wide Web Foundation) since 2017, no data from the Open Data Index (OKF) since 2015, and no data for Montenegro from the OURData Index (OECD). However, for ODIN (Open Data Watch) Montenegro scored 57 in 2020 (ranked 66 out of 187), an improvement from the 2018 score of 45 (84 out of 178). [21]

For milestone 3.3, various hackathons were held during the action plan period, including by the Chamber of Commerce and the Ministry of Public Administration, Digital Society and Media in October 2019. [22] There was no survey of business start-ups on the open data portal, and only a few conferences were held where participants discussed open data. In July 2019, the Chamber of Commerce established the National Hub of Open Data, which brings together public administration, the private sector, the scientific community, and civil society to improve open data in Montenegro. [23] However, a member of the Chamber of Commerce contacted by the IRM said they were not involved directly in implementing OGP activities. While several hub events were organized, it is difficult to evaluate their impact. Nonetheless, its members seek to improve the data on the data.gov.me portal. The Chamber of Commerce took part in a regional EU-funded ODEON project, which supported the hub’s activities. [24] 

The register for SMEs (3.4) has information on governmental incentive measures available to domestic and foreign investors through support programs intended for the private sector. [25] This register has information on the characteristics and benefits of investment incentives. It also includes information on the incentive (purpose, type, who can access it and how, which ministry is in charge, web links, etc.). Previously, this information was scattered across various governmental decisions.

The self-assessment notes that guidelines on how to publish electronically readable materials from Government of Montenegro sessions have been drafted (3.5), [26] but the IRM was unable to find them. These guidelines are a formal document to be followed by public servants when creating documents for open format. There is no available information on trainings for staff. The monitoring report on the “Guidelines for Electronically Readable Documents” was published in June 2020 (3.6), which included recommendations for improving the Government of Montenegro’s website. Despite some aesthetical improvements, a civil society representative noted that it is still difficult to find documents on the new website unless one knows the exact title, due to limitations in the search functions. [27] The Rulebook on Accessibility Standards is a two-page document with standards for publishing information online. [28] Although it is legally binding, it does not include any monitoring measures.

The draft amendments to the Law on Free Access to Information (3.7) were adopted in late December 2021. The government states that the amendments broaden the use of public interest and harm tests to some exceptions, improve the management of dealing with requests inside institutions, and strengthen the role of the Agency for Personal Data Protection and Free Access to Information as an independent supervisory body. [29] Interviewed civil society representatives told the IRM they were not familiar with the amendments and thus could not comment on them. During consultations on the draft law however, Montenegrin and international NGOs criticized the proposed amendments for allowing information to be classified that could potentially expose corruption within government agencies, [30] highlighted several weaknesses around business and tax secrecy and the exclusion of data from international organizations, foreign countries, and the security sector, and called for strengthening of the role of the Agency for Personal Data Protection and Free Access to Information. [31] According to the EU Progress Report for Montenegro, “(T)he Government plans to proactively share public information and there is a more positive, albeit uneven, trend of declassifying and providing access to certain documents to which access was denied previously. This also concerns information about areas sensitive to corruption.” ^[32]

The report on the implementation of the Law on Classified Data (3.8) is not publicly available. The self-assessment states that the report contains information on the amount of data that is classified as confidential, but it does not contain a list of criminal charges against people or sanctions imposed for breaches of the law. [33]