This study examines the recent proliferation of manslaughter charges and subsequent prosecutions brought against people who have shared, sold, or provided drugs that have led to overdose death in Canada. It presents a documentary analysis of news media coverage, court decisions, and Access-to-Information and Freedom-of-Information requests of materials from criminal legal institutions. The analysis finds that the vast majority of those who face manslaughter charges are engaged in the lowest tiers of the drug trade, are themselves people who use drugs, and are often intimately known to the deceased. Messaging by police, prosecutors and the courts mobilize the overdose crisis as rationale for these charges and prosecutions, positioning them as a form of redress to impacted communities. This phenomenon illustrates how punitive criminal legal responses to the overdose crisis have deepened alongside the retreat of criminal law in other circumstances, contradicting claims of a therapeutic turn in Canadian drug policies.

The promised merits of data-driven innovation in general and algorithmic systems in particular hardly need enumeration. However, as decision-making tasks are increasingly delegated to algorithmic systems, this raises questions about accountability. These pressing questions of algorithmic accountability, particularly with regard to data-driven innovation in the public sector, deserve ample scholarly attention. Therefore, this paper brings together perspectives from governance studies and critical algorithm studies to assess how algorithmic accountability succeeds or falls short in practice and analyses the Dutch System Risk Indication (SyRI) as an empirical case. Dissecting a concrete case teases out to which degree archetypical accountability practices and processes function in relation to algorithmic decision-making processes, and which new questions concerning algorithmic accountability emerge therein. The case is approached through the analysis of “scavenged” material. It was found that while these archetypical accountability processes and practices can be incredibly productive in dealing with algorithmic systems they are simultaneously at risk. The current accountability configurations hinge predominantly on the ex ante sensitivity and responsiveness of the political fora. When these prove insufficient, mitigation in medias res/ex post is very difficult for other actants. In part, this is not a new phenomenon, but it is amplified in relation to algorithmic systems. Different fora ask different kinds of medium-specific questions to the actor, from different perspectives with varying power relations. These algorithm-specific considerations relate to the decision-making around an algorithmic system, their functionality, and their deployment. Strengthening ex ante political accountability fora to these algorithm-specific considerations could help mitigate this.

This paper historicizes the current challenges brought about by digitization to the Third World by revisiting a movement launched by the Non-Aligned Movement countries during the 1970s and early 1980s. Also known as the New World Information and Communication Order (NWICO), the movement contested the dominant liberal notion of freedom of information and spotlighted the critically material inequality and power asymmetry often concealed by the liberal vision of the free flow of information. Not only did NWICO present a counter-model to the liberal notion of freedom of information, it also provides a vital case for understanding the interrelations between information and domination and the role of international law therein. This paper retells the story of NWICO, its normative ambition as well as its internal contentions and practical limitations, and reflects on its legacy for TWAIL scholarship and the current politics of digitization.

Access to information and freedom of information (ATI/FOI) requests are an increasingly utilized means of generating data in the social sciences. An impressive multi-disciplinary and international literature has emerged which mobilizes ATI/FOI requests in research on policing, national security, and imprisonment. Absent from this growing literature is work which deploys ATI/FOI requests in research on higher education institutions (HEIs). In this article I examine the use of ATI/FOI requests as a methodological tool for producing data on HEIs. I highlight the data-generating opportunities that this tool offers higher education researchers and provide a first-hand account of how ATI/FOI requests can be mobilized in higher education research. I argue that despite the value of ATI/FOI requests for producing data on academic institutions, the information management practices of HEIs limit the effectiveness of ATI/FOI in ways that I detail drawing on my experience using information requests to scrutinize the quality assurance of undergraduate degree programs in Ontario. I suggest that in an age of rankings and league tables HEIs are likely to prioritize the protection of their reputation over the right of access. In conclusion I consider the implications of the article’s findings for higher education researchers and ATI/FOI users.

This research contributes to the expanding literature on the determinants of government transparency. It uncovers the dynamics of transparency in the Italian case, which shows an interesting reform trajectory: until the late 1980s no transparency provisions existed; since then, provisions have dramatically increased under the impulse of changing patterns of political competition. The analysis of the Italian case highlights that electoral uncertainty for incumbents is a double-edged sword for institutional reform: on the one hand, it incentivizes the adoption of ever-growing transparency provisions; on the other, it jeopardizes the implementation capacity of public agencies by leading to severe administrative burdens.

The intersection of freedom of information, privacy legislation and library services may be interpreted as the relation between two bodies (law and library) and how they influence one another directly and indirectly. This means library services can be shaped enormously by both federal and provincial freedom of information and privacy laws. We notice that there are cases in various Canadian courts involving disagreements concerning the rule of law in the fields of freedom of information and privacy with libraries. The combined effects of legislation and stronger library policies may make it more challenging for users to understand how to use shared library resources and services properly. For many libraries, this means operational policies and professional ethics codes have to be revised to strictly respect the users and employees’ confidentiality rights. The research method used for this paper included a search of relevant Canadian court cases as case studies.

In this tenth anniversary year since freedom of information came into force north and south of the border, the authors, Calum Liddle and David McMenemy, undertake an in-depth comparative evaluation of the parallel cost exemptions found in the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002. Does Scottish FOI indeed afford a more generous disclosure entitlement? And are applicants, in turn, employing comparatively weaker rights when requesting information from analogous English and Welsh authorities? A statutory analysis of the home nation provisions is complemented by case law and a nod to contemporaneous events.

In 2008, Indonesia introduced its first “freedom of information” statute – Law 14 of 2008 on Disclosure of Public Information (the “FOI Law” or the “Law”) – which became fully operational in 2010. The FOI Law is an important component of the government transparency and accountability mechanisms established after Soeharto and his authoritarian “New Order” government fell in 1998. This article assesses the extent to which the FOI Law has been effective in requiring public bodies to disclose “public” information that they would rather keep within their ranks. More time is needed for these reforms to take hold. However, this article, which provides the first academic analysis of the freedom of information reforms “in practice”, shows that Indonesia’s central Information Commission and the courts have, with two important exceptions, applied the FOI Law in favour of information-seekers, thereby providing some reason for optimism for the future of this reform.

With the increased awareness of national security concerns associated with unauthorized disclosure of State secrets, the legal protection of State secrets on national security grounds has assumed renewed significance, while raising ever growing concerns about its impact on freedom of information. Between these competing policy concerns lies a discrete area of law that defines and protects State secrets from unauthorized communication or disclosure. This article aims to ascertain the actual State practice concerning State secrets protection on national security grounds across different countries, and examines common challenges to the delimitation of national security grounds for State secrets protection in light of the changing national security environment.

This article discusses the use of privacy and freedom of information legislation in relation to the release of care-leavers’ records in the Australian state of Victoria. First, it explains the relevance of privacy and freedom of information legislation to care-leavers’ access to records, that is that the subject of a record is entitled to access information held about them, subject to certain exemptions. Second, based on research interviews with care-leavers and record-holders, the article then discusses how the legislation is understood in practice and the difficulties that arise in determining what information can be released, particularly in relation to ‘third party data’ and ‘unreasonable disclosure’. Finally, the article considers how policy in this area could be improved to enhance the release of records.

This article examines the collective action frames that civil societal actors in Argentina have used while engaging in advocacy. It argues that by devising effective framing strategies, members of civil society organisations increase their chances of participating in the agenda-setting, formulation and adoption phases of policy-making. The relationship between framing and participation is supported by a comparative analysis of two cases of advocacy: the campaign for a freedom of information law and the struggle for child protection legislation. The evidence suggests that civil societal actors often rely on the strength of their ideas and their persuasive power to achieve political relevance, which is analytically distinct from political outcomes.

This article by David Ogden addresses the census collection of Great Britain. The 100 year rule regarding the public release of information is examined and explained, as is the Census Act 1920, as amended in 2000. It also considers the impact of the Freedom of Information Act 2000 in respect of the release of records by repositories. The 30 year standard closure on official papers is considered.