Monday, October 13, 2014

In both cases above happens pretty frequent one of two things: either ignoring the rules on public


In our country, we consider transparency in government activities as self-evident. kbmp Part of this transparency is our right to access official documents. What is a public record is defined in the 2nd chapter of the Press Act, the Constitution of 1949 According to TF is a public document, a "representation in written or pictorial matter or recording which can be read, listened to or otherwise comprehended only using technical aids. Document is official kbmp if it is held by authority, under 6 or 7 is considered to be received or drawn up by a public authority "(fetstilen added by me).
Although the rules of the Press Act is quite detailed, they are sometimes difficult to apply in a contemporary organizations; under current interpretation of the rules, you can many times t. example. replace the "store" with "available" because documents considered kbmp as general and lodged kbmp with an authority, even though they are not within the authority's premises. This occurs often in nowadays and with phenomena such as outsourcing of IT operation and use of various kbmp types of cloud services. A similar change in the concept of "reach kbmp the" who, like "store" would hardly be used as a concept of law written today.
With these and other 'stretch' interpretations of tryckfrihetsförordningens concepts and downs, and some additions, estimates legislature that the law is working, despite the fact that society and information technology is different today than when the law was written.
But the question is whether the rules relating to public documents can really work in today's society. Does this framework, if it fully complied with, become an obstacle to government agencies, municipalities and counties to organize their work and their information kbmp in an efficient way? I wonder if it is not so. There are two clear trends that are difficult to manage:
Organization of work - today is often consultants and other resources in order to carry out tasks for the general. Sometimes it is about individual smaller tasks and sometimes it's entire operations are privatized. Privatization of health care, school, charity may be something you might find good or bad about, kbmp but the transparency of publicly kbmp funded activity is different depending on the mode of operation and / or the agreement with the client looks, is hardly thought with the right to access official documents. Nor should it well to improved transparency in an investigation conducted by a state official, than a study done by a consultant, hired by a government agency. The fact that the work is organized in a different way today to act on the public sphere, as it looks today, under pressure. Traditional approaches for the registration kbmp and mail management is toothless, and the rules are in some cases difficult to apply.
Digital project sites - Today, it is common kbmp with digital project sites, where people from various organizations can work together in t. Example. a project. If a person is an employee of an agency puts up a document on such a project location that is accessible to persons outside authority, the document is regarded as a rule that established and is a public document. Although it's not finished but is that draft to be completed under the project. Acquis strikes and requires registration (ie, usually, case management) and archiving, etc., even though it may involve working materials for the project. Had the project only consisted of people from one agency, kbmp the documents do not become public documents until they had been finished. This complicates the authorities' cooperation with consultants and contractors, in that it entails cumbersome kbmp and impractical practices. Right Situation is not clear; there are exceptions, where some groups comprised of a mix of official and external consultants are said to be part of the authority, which means that certain documentation (documents being shifted within the working group and that is not finished) are not public documents. What determines whether it is so or not, among others. a. how independent consultant has been commissioned. The smaller independent task, the more a part of the authority. Where to draw the line and when the task is so independent that the consultant is not part of the authority is unclear.
In both cases above happens pretty frequent one of two things: either ignoring the rules on public documents, or they have such a high ambition to live up to the rules to avoid situations kbmp that are difficult to interpret. The former is of course unacceptable, but it's also not good to have a regulatory framework that prevents the public to organize activities in new ways and / or the use of IT and the Internet in innovative ways.
Hi Olle Good thoughts and we have also encountered this problem. There is a different slant on the first question too. For example, if you let a consultant do a job, so you would normally allow

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