Availability and freedom of information

[Background (skip if you’re in a hurry)] I’m doing a second MA while doing an internship at a government institution. I spend my spare time gathering information for a thesis related to international organised crime. Most of what I find is from the news, supplemented by a handful of journal articles, and frankly the information is pretty thin. This is because the people in the know – police/security forces (including armies, Interpol, the US DEA, etc.), governments, and IGOs (like the United Nations Office on Drugs and Crime, UNODC) release little or no information publicly, at most a few general reports and some press releases that form the basis of the news articles I use.

As my thesis is historical (OK, recent history, but still), and none of the information I’m looking for would really jeopardise or even embarrass people or governments today, I’ve been emailing embassies, IGO offices, NGOs, and security representatives asking for comments on past events, documentation, or an interview if possible. Responses so far have taken only two forms: 1. Deafening silence, or 2. Variations on the theme of “No, sod off”. I’ve contacted a few university professors, who have been far more helpful, and intend to start contacting journalists and activists in the field as well. It’s clear (as noted in an article in an academic journal a decade old) that academic study in this field is based on generally anecdotal and journalistic data, since – basically – the people in the know don’t feel like talking. Perversely, the most useful leads and data I’ve obtained so far has been from well-placed beer in the local expat community; and the information I’m looking for isn’t actually classified, as far as I know.

I’ve also been going through some archives for work, where I found some relevant files, though I couldn’t use them because of my security clearance – I had to get the same information from public channels. I was told that, in general, since none of these files are classified, I could submit a request to the government for access to the files (like a FOIA request) – but due to a technicality, the requests in almost all the cases would be denied. The paper archives are destroyed when they expire (i.e. files have to be stored for a certain amount of time; when that time expires, they are burned); the government is now digitalising their archives completely, where a program automatically deletes expired files every day. So essentially, a lot of non-confidential information, potentially of use to historians and other researchers, is destroyed with little oversight. [/background]

Two questions up for discussion.

  1. Is it in the public interest (nationally and globally) for governments, government institutions, and IGOs to gather valuable information and not share it? (Obviously excepting the case of information that’s confidential for safety or security reasons – e.g. most personal information, potentially embarrassing or offensive country reports from embassies, and information about current police investigations or activities in war)
  2. Are we harming our future by destroying/allowing our governments to destroy archives, even relatively mundane ones?

My concern is that society (local, national, global) is still solidified into two very distinct classes, the governing and the governed, and that the governing class is able to control the message by controlling the release of information – even when the information released is totally true and honest. This shouldn’t be the case in supposedly democratic countries where media penetration and especially the internet could and should allow the flow of complete, free, and mostly unfiltered information. For one example, Brazil is working on creating a “truth commission” to investigate human rights violations during the period of the military dictatorship (well, the period’s a little longer, but still ends over 2 decades ago). The president of Brazil fought the dictatorship personally (was tortured by the regime as a result), and the military has been largely sidelined and isolated from politics since the return of democracy, so there ought not be any major political opposition to an investigation. An amnesty law (which is not going to be repealed) means that nobody could possibly be prosecuted as a result of the investigation, so the investigation is purely for information and to “create a narrative for the period”. Even so, the archives remain sealed to the public, and the whole investigation will be carried out only by the commission itself – 14 people with up to two assistants each, to cover four decades of information - for a maximum of two years.

For another case, it seems somewhat “off” that it seems the best information about the Mexican drug war comes from the “Blog del Narco” instead of the state - even though it should be in the state interest to provide as much information as possible showing how evil and violent the cartels are, and even though it means that civilian reporters are jeopardizing their own lives essentially duplicating information already available to the state.

In the case of the destruction of archives, I fear we’re creating a period with no history outside the major isolated events. While looking through archives at work, I’ve found traces implying formerly archived information that would have made some great human interest stories and possibly some stuff that would add some more colour to WW2 and immediately post-WW2 histories, but that material is now all destroyed, likely with no copies of any sort anywhere. As a historian, I find that tragic in itself, but as a trend throughout the recent past, I think it’ll make it difficult to make any larger sense of the development of current events, certainly for historians but possibly even for analysts right now.

OK, that was long; sorry. Thoughts?

Domestically the government (US) is supposed to make available all the information that doesn’t fall under the exceptions you note. Trouble is, someone has to decide what doesn’t fall under those exceptions, and that person will be by definition part of the government. Our system relies on the integrity of our representatives and those they appoint to do the right thing. It doesn’t seem to work well when it makes a difference. It’s too easy to make information harmful to the governors classified under some pretense.

Yes. There may have been reasonable limits to what could be archived in the past. And even now we have to deal with ever changing storage media systems, but we have the capability to archive everything now, and should be. The exceptions would be personal information about individuals that never should have been collected, or is no longer relevant once the person has died. So archival purposes shouldn’t trump people’s privacy rights (whatever privacy rights actually are, but let’s just assume there are some).

Only have an opinion to share on one of these - Britain has laws that mandate the government to share any information any citizen asks for, with some exceptions(mostly national security), but the case for those exceptions has to be good. So does India. These laws have been passed in the interests of transparency. Obviously the british law works better than the Indian, but even in India the ‘Right to Information’ as it is called is a moderate success in introducing greater transparency in the functioning of public institutions. So, yes it is in the public interest for information about the functioning of government to be shared.

Thanks for the responses!

bldysabba, I suppose all democracies have some variation on “Right to information” or FOIA laws, and there’s no doubt they’re a good thing. What I’m concerned about is that in my experience they don’t create anything like the transparency that they safely could, partly through legal restrictions, and partly through unnecessary bureaucracy.

Some examples of what I mean:
-In Norway, data from tax returns is available online, so that you can find out how much your friends and neighbours declared in income last year – but good luck getting information on police operations against, say, illegal gambling. You might be able to get at some individual files and some statistics if they’ve already been publicly released, but finding out how the actual operations operated – no.

-As an expat in Brazil, I’ve asked embassies to send me lists of their country’s businesses established here, and had no trouble getting said lists. But if I asked the same embassies about businesses in the weapons industry established here, I’d get ignored; partly because nobody at the embassy could be bothered to collate the information, and partly because of concerns that I might use the information to write something embarrassing like “country X’s weapons kill children in Brazilian slums!!”. It wouldn’t be classified information, but my only real recourse I suppose would be getting a citizen of said country to file a legal demand for the information, to provide the necessary pressure. Or to pore through the list of all companies in Brazil and find the arms companies myself, to which there are potentially insuperable obstacles because of how Brazilian business registration works.

-Recently the US government declared that four named senior Venezuelan officials have been collaborating with the FARC in arms-for-drugs schemes. When I ask the US embassy or state department for comments: silence. All news about this reports on the accusations themselves, but I can find NO information on the factual basis behind the accusations. Even a vague comment like “General X has been in contact with known FARC terrorists in region Y near the Colombian border in a trade of cocaine with a street value in excess of US$10 million” would suggest real basis in fact without being specific enough to jeopardise any operations, but instead the attitude is “just trust us!”. Since in a somewhat similar situation – statements that Iraq had WMDs – the accuser turned out to be lying, it undermines the credibility of a statement that is almost certainly true, and so the Venezuelan government can get away with accusing the US of telling porkies in this event too.

My point is that the modern world’s information flow is actually highly restricted beyond the supposed legal limits, and also by overly generous definitions of exceptions to freedom of information (like **TriPolar **suggested). It effectively creates secrecy in wide “grey areas”. There’s no technological reason why it should be so, and I feel it would be in the public interest to have much more openness. WikiLeaks has caused some small amount of damage (mostly by not censoring names properly in releases), but on the whole I think it’s been a net positive by allowing real transparency into government affairs, particularly in uncovering a few specific scandals that I think citizens have a right to know about. As it is, many events that have shaped society – such as the Watergate scandal and the UK parliamentary expenses scandal – are the results of leaked information that the governments ought not keep secret. Prior to exposure, there was no oversight available to the public; the information was obtained only by specialised journalists with networks of contacts and a certain amount of cloak-and-dagger behaviour. The result was information that proved the official narrative to be untrue.

Crikey, I sound like a conspiracy theorist, or one of those pirate party “all information yearns to be free!!” nuts. I’m not, really!