Commitment 7: Strengthen scrutiny of Official Information Act exemption clauses in legislation
Objective
To strengthen the scrutiny of legislative clauses that propose to override the disclosure requirements of the Official Information Act 1982.
Ambition
To strengthen the guidance and procedures agencies must follow in relation to the scrutiny of new legislative clauses that propose to override the disclosure requirements of the Official Information Act 1982 in relation to certain information.
Status Quo
Civil society representatives are concerned that current legislative processes regarding proposed clauses to exempt certain information from the release provisions of the Official Information Act 1982 are not adequate. This may result in OIA exemption clauses being introduced when they are not needed.
There are now more than 85 clauses in legislation that override the presumption of availability of official information found in section 5 of the Official Information Act 1982. More than 20 have been added as a result of legislation introduced since 2019.
Civil society representatives consider such confidentiality provisions may be applied too broadly or only permit disclosure in limited circumstances. This can result in OIA requests being refused under the OIA as being ‘contrary to the provisions of a specified enactment’.
There are current safeguards in place, which include the legislative process, guidelines and the Legislative Design and Advisory Committee. It is also the Ministry of Justice’s (MoJ) role, for example, to provide advice on Bills that interface with the OIA. This commitment will propose recommendations to strengthen guidance and controls around this process. This may include consultation with the Office of the Ombudsman.
Te Tiriti O Waitangi
There may be greater opportunities for Māori to participate in government, as both citizens and iwi members, if more official information is made available.
Lead Agency
The Ministry of Justice
Milestones
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Commitment 7: Strengthen Scrutiny of Exemption Clauses in legislation |
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OGP Values: Transparency, Accountability, Public participation |
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Verifiable and measurable milestones to fulfil the commitment |
Start date |
End date |
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Review current legislative processes and guidance in relation to the scrutiny of legislative clauses that propose to override the presumption of disclosure under the Official Information Act 1982 |
January 2023 |
September 2023
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Strengthen processes and guidance to better reflect the presumption of disclosure of government information and the application of the public interest test under the OIA |
June 2023 |
December 2023 |
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Rollout and communicate the new processes and guidance that support a strengthened test for scrutiny. |
January 2024 |
December 2024 |
Commitment 8: Improved transparency and accountability of algorithm use across government
Objective
To strengthen the transparency and accountability of algorithm use across government through improved supports to implement the principles of the Algorithm Charter for Aotearoa New Zealand.
Ambition
To embed the principles of the Algorithm Charter consistently across government data management practice and use through shared practice, tools and supports, and system stewardship focussed on the ethical and transparent use of algorithms.
Status Quo
The intention of the Algorithm Charter is to increase public confidence and visibility around the use of algorithms within the public sector. An independent review of the Algorithm Charter’s first year of operation found that there is almost universal support for the Algorithm Charter amongst government agencies and subject matter experts, and that the Charter has been influential in changing practice.
As a result of the Charter, agencies have implemented new risk management policies; established ethics committees and review boards; created new roles to oversee emerging technologies; performed stocktakes and reviews of their algorithms; evaluated the potential for risks that would have previously been unforeseen; and been transparent with the public about the types of algorithms that are being used. The review also found that agencies would not have made the move towards publishing their algorithms online, if it had not been for the Charter.
However, the review also identified that most agencies have addressed their Charter commitments largely on their own and without knowledge of how other agencies were going about it. Several agencies expressed concern that perhaps their approach wasn’t optimal and that other agencies may have a better approach. Agencies also expressed a need for information on what is considered ‘best practice’ in respect to different charter commitments and a medium for accessing expert support when needed.
The review recommended the need to deliver additional support to agencies to implement the Charter.
Te Tiriti O Waitangi
This commitment could help to embed Māori perspectives and reflect the principles of te Tiriti o Waitangi in the way algorithms are designed and used.
Lead Agency
Stats NZ
Milestones
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Commitment 8: Improved transparency and accountability of algorithm use across government |
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OGP Values: Transparency, Accountability |
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Verifiable and measurable milestones to fulfil the commitment |
Start date |
End date |
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Establish a community of practice or network to share knowledge and best practice, and build capability across signatories of the Charter |
January 2023 |
June 2023 |
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Work with stakeholders to prioritise recommendations from the Charter’s One Year Review and design an implementation plan for the high priority recommendations. |
January 2023 |
December 2023 |
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Provide tools, guidance and other supports to signatories to help them meet the transparency and accountability objectives of the Charter |
June 2024 |
December 2024 |