Information Access Principles Working Group Minnesota Government Information Access Council Working Group Recommendations 9/29/95 - Draft to composition team Principles for Information Access --------------------------------- "Representative democracy is founded on the premise that the best political processes are those in which each citizen has the knowledge to make an informed choice and the power to express his or her view." -from "Global Information Infrastructure: Agenda for Cooperation" 1. Access to government information(1) is a fundamental right in a democracy. Basic access rights include the equal and timely right to free inspection, to receive copies, and the right to access and use government information in all forms and media for any legal purpose. Unless anyone can access and use public information without restraint they cannot make informed decisions and contribute to economic and social progress. All Minnesota government data should continue to be presumed publicly accessible unless otherwise classified by statute. 2. Responsive provision of information access is an essential function of government. Providing access to government information is an important responsibility of government and should be fully integrated into the operations and funding of government organizations. Government has a duty to collect and disseminate information only to further its public purpose, not for its economic gain. As part of their mission government agencies should create, disseminate and provide access to information. Such activities should be funded by public dollars just as are any other essential government functions. To achieve convenient and cost-effective public access, intergovernmental coordination and organization of information - from creation to preservation - is essential. Training of government personnel, citizen assistance and education, and information locator tools are important access factors that should be supported. 3. Public access to government information should be free. Any charge for copies should not exceed marginal cost(2). Inspection of public data in all media must be available free of charge. Copies should be available for duplication or electronic transmission for free or at a cost not to exceed the marginal cost of dissemination. Recovering development costs or the generation of revenue from information created or collected with public funds should not occur without specific statutory authorization. 4. Government information dissemination and electronic access to government information are fundamental to Minnesota's democracy and economic vitality. Dissemination of government information must ensure that all Minnesotans regardless of geographic location, physical ability, or socio-economic status have access to government information. Publicly supported statewide electronic access to government information and services through multiple technologies and public access points is essential for information dissemination and efficient delivery of government services. A diversity of information sources in the public, private and non-profit sectors should be encouraged to provide the public with access to government information resources. 5. PLACEHOLDER FOR USE OF GOVERNMENT INFORMATION (Copyright issue - currently being deliberated.) 6. Privacy is a right that must be maintained in the context of changing technology. The public's right to know should be balanced with an individual's right to privacy or businesses' need to protect non-public information. Appreciation of and regard for information regulation and its impact on the privacy of individuals, including minors, and businesses must be supported. 7. Compliance and enforcement of the Minnesota Government Data Practices Act and other information policy laws should be supported at all levels of government. Compliance will be improved through the government's personnel and by citizens' better understanding of the rights granted under access and privacy laws. Non-litigious mechanisms for effective enforcement of the relevant statutes should be developed and implemented. Footnotes: (1) "Government information," used as a term throughout GIAC documents, means "government data" and as such can be used interchangeably. The statutory definition of "government data" is: "Government data" means all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use. (2) Working group definition of marginal cost: charges to recover the cost for copies of information and data are limited to the actual costs for materials and supplies or electronic transmission, but exclude labor or overhead costs (Adopted 3-3-95). ----------------------------------------------------- Electronically Released 10/27/95. The above document has been forwarded to a GIAC final report composition team which includes two individuals from each working group. The composition team will send drafts back to the working groups and to the Executive Committee to ensure that the spirit of each groups work is covered in the final report. The final report will be presented to the legislature once the session begins in mid-January, 1996. Public comments are encouraged. All comments submitted about the working group drafts will be forwarded to the members of the composition team. Comments on the draft working group reports should be submitted as soon as possible. A draft version of the final report will also be made available for comment and will have a specific comment deadline. Please visit the GIAC WWW for more details at: http://www.state.mn.us/ebranch/admin/ipo/giac Public comments may be submitted via e-mail to: GIAC@state.mn.us - Or via the address, FAX, or telephone information below: Government Information Access Council Information Policy Office 320 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 Telephone: 612-296-6451 TTY/TDD: 612-282-5599 or Greater Minnesota Relay 800-625-3539 and ask for 282-5599 Fax: 612-296-5800 E-mail: GIAC@state.mn.us