DanielSchuman

Transparency and Privacy: A vision for a new digital democracy

Transparency advocates and privacy advocates live on different planets. Both advocate for the common good, but at first glance their outlooks appear diametrically opposed. Broadly speaking, government transparency advocates want to see what the government is doing, either to improve its operations or limit its power. Privacy advocates focus on keeping personal information private unless voluntary, knowing consent is given. They believe government must be kept on a tight leash because of its power to demand, use, and disseminate personal information.

The tension between transparency and private advocates covers a wide range of activities. It is evident in laws comprising the Freedom of Information Act (FOIA), for example. FOIA requires federal agencies to release information to the public upon demand except in certain circumstances. Among the exemptions from disclosure is when a request concerns information that constitutes a personnel, medic

DanielSchuman

Introduction to drafting transparency legislation

Drafting legislation may be more art than science, but artists must consider the size and shape of the canvas and the artwork's composition just as drafters must think through the purposes of the legislation and how circumstances may change over time. What should legislative drafter consider when creating robust, effective transparency legislation? Here are some considerations.

At the highest level of abstraction, I suggest drafters:

(1) Understand the context

(2) Use flexible implementation authority