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Monday, 20 June 2016 07:10 Written by Teresa Scassa
The federal government has just released for public comment its open government plan for 2016-2018. This is the third such plan since Canada joined the Open Government Partnership in 2012. The two previous plans were released by the Conservative government, and were called Canada’s Action Plan on Open Government 2012-2014 and Canada’s Action Plan on Open Government 2014-2016. This most recent plan is titled Canada’s New Plan on Open Government (“New Plan”). The change in title signals a change in approach.
The previous government structured its commitments around three broad themes: Open Data, Open Information and Open Dialogue. It is fair to say that it was the first of these themes that received the greatest attention. Under the Conservatives there were a number of important open data initiatives: the government developed an open data portal, an open government licence (modeled on the UK Open Government Licence), and a Directive on Open Government. It also committed to funding the Open Data Exchange (ODX) (a kind of incubator hub for open data businesses in Canada), and supported a couple of national open data hackathons. Commitments under Open Information were considerably less ambitious. While important improvements were made to online interfaces for making access to information requests, and while more information was provided about already filled ATIP requests, it is fair to say that improving substantive access to government information was not a priority. Open dialogue commitments were also relatively modest.
Canada’s “New Plan” is considerably different in style and substance from its predecessors. This plan is structured around 4 broad themes: open by default; fiscal transparency; innovation, prosperity and sustainable development; and engaging Canadians and the world. Each theme comes with a number of commitments and milestones, and each speaks to an aspirational goal for open government, better articulating why this is an initiative worth an investment of time and resources.
Perhaps because there was so great a backlash against the previous government’s perceived lack of openness, the Liberals ran on an election platform that stressed openness and transparency. The New Plan reflects many of these election commitments. As such, it is notably more ambitious than the previous two action plans. The commitments are both deeper (for example, the 2014-2016 action plan committed to a public database disclosing details of all government contracts over $10,000; the New Plan commits to revealing details of all contracts over $1), and more expansive (with the government committing to new openness initiatives not found in earlier plans).
One area where the previous government faced considerable criticism (see, for example Mary Francoli’s second review of Canada’s open government commitments) was in respect of the access to information regime. That government’s commitments under “open information” aimed to improve access to information processes without addressing substantive flaws in the outdated Access to Information Act. The new government’s promise to improve the legislation is up front in the New Plan. Its first commitment is to enhance access to information through reforms to the legislation. According to the New Plan, these include order-making powers for the Commissioner, extending the application of the Access to Information Act to the Prime Minister and his Ministers’ Offices, and mandatory 5-year reviews of the legislation. Although these amendments would be a positive step, they fall short of those recommended by the Commissioner. It will also be interesting to see whether everything on this short list comes to pass. (Order-making powers in particular are something to watch here.) The House of Commons Standing Committee on Access to Information, Privacy and Ethics has recently completed hearings on this legislation. It will be very interesting to see what actually comes of this process. As many cynics (realists?) have observed, it is much easier for opposition parties to be in favour of open and transparent government than it is for parties in power. Whether the Act gets the makeover it requires remains to be seen.
One of the interesting features of this New Plan is that many of the commitments are ones that go to supporting the enormous cultural shift that is required for a government to operate in a more open fashion. Bureaucracies develop strong cultures, often influenced by long-cherished policies and practices. Significant change often requires more than just a new policy or directive; the New Plan contains commitments for the development of clear guidelines and standards for making data and information open by default, as well as commitments to training and education within the civil service, performance metrics, and new management frameworks. While not particularly ‘exciting’, these commitments are important and they signal a desire to take the steps needed to effect a genuine cultural shift within government.
The New Plan identifies fiscal transparency as an overarching theme. It contains several commitments to improve fiscal transparency, including more extensive and granular reporting of information on departmental spending, greater transparency of budget data and of fiscal analysis, and improved openness of information around government grants and other contributions. The government also commits to creating a single portal for Canadians who wish to search for information on Canadian businesses, whether they are incorporated federally or in one of the provinces or territories.
On the theme of Innovation, Prosperity and Sustainable Development, the New Plan also reflects commitments to greater openness in relation to federal science activities (a sore point with the previous government). It also builds upon a range of commitments that were present in previous action plans, including the use of the ODX to stimulate innovation, the development of open geospatial data, the alignment of open data at all levels of government in Canada, and the implementation of the Extractive Sector Transparency Measures Act. The New Plan also makes commitments to show leadership in supporting openness and transparency around the world.
The government’s final theme is “Engaging Canadians and the World”. This is the part where the government addresses how it plans to engage civil society. It plans to disband the Advisory Panel established by the previous government (of which I was a member). While the panel constituted a broad pool of expertise on which the government could draw, it was significantly under-utilized, and clearly this government plans to try something new. They state that they will “develop and maintain a renewed mechanism for ongoing, meaningful dialogue” between the government and civil society organizations – whatever that means. Clearly, the government is still trying to come up with a format or framework that will be most effective.
The government also commits in rather vague terms to fostering citizen participation and engagement with government on open government initiatives. It would seem that the government will attempt to “enable the use of new methods for consulting and engaging Canadians”, and will provide support and resources to government departments and agencies that require assistance in doing so. The commitments in this area are inward-looking – the government seems to acknowledge that it needs to figure out how to encourage and enhance citizen engagement, but at the same time is not sure how to do so effectively.
In this respect, the New Plan offers perhaps a case in point. This is a detailed and interesting plan that covers a great deal of territory and that addresses many issues that should be of significant concern to Canadians. It was released on June 16, with a call for comments by June 30. Such a narrow window of time in which to comment on such a lengthy document does not encourage engagement or dialogue. While the time constraints may be externally driven (by virtue of OGP targets and deadlines), and while there has been consultation in the lead up to the drafting of this document, it is disappointing that the public is not given more time to engage and respond.
For those who are interested in commenting, it should be noted that the government is open to comments/feedback in different forms. Comments may be made by email, or they can be entered into a comment box at the bottom of the page where the report is found. These latter comments tend to be fairly short and, once they pass through moderation, are visible to the public.
Monday, 25 April 2016 07:06
Sourcing cycling data from the private sector: Some questions about data analytics and city planningWritten by Teresa Scassa
A recent news story from the Ottawa area raises interesting questions about big data, smart cities, and citizen engagement. The CBC reported that Ottawa and Gatineau have contracted with Strava, a private sector company to purchase data on cycling activity in their municipal boundaries. Strava makes a fitness app that can be downloaded for free onto a smart phone or other GPS-enabled device. The app uses the device’s GPS capabilities to gather data about the users’ routes travelled. Users then upload their data to Strava to view the data about their activities. Interested municipalities can contract with Strava Metro for aggregate de-identified data regarding users’ cycling patterns over a period of time (Ottawa and Gatineau have apparently contracted for 2 years’ worth of data). According to the news story, their goal is to use this data in planning for more bike-friendly cities.
On the face of it, this sounds like an interesting idea with a good objective in mind. And arguably, while the cities might create their own cycling apps to gather similar data, it might be cheaper in the end for them to contract for the Strava data rather than to design and then promote the use of theirs own apps. But before cities jump on board with such projects, there are a number of issues that need to be taken into account.
One of the most important issues, of course, is the quality of the data that will be provided to the city, and its suitability for planning purposes. The data sold to the city will only be gathered from those cyclists who carry GPS-enabled devices, and who use the Strava app. This raises the question of whether some cyclists – those, for example, who use bikes to get around to work, school or to run errands and who aren’t interested in fitness apps – will not be included in planning exercises aimed at determining where to add bike paths or bike lanes. Is the data most likely to come from spandex-wearing, affluent, hard core recreational cyclists than from other members of the cycling community? The cycling advocacy group Citizens for Safe Cycling in Ottawa is encouraging the public to use the app to help the data-gathering exercise. Interestingly, this group acknowledges that the typical Strava user is not necessarily representative of the average Ottawa cyclist. This is in part why they are encouraging a broader public use of the app. They express the view that some data is better than no data. Nevertheless, it is fair to ask whether this is an appropriate data set to use in urban planning. What other data will be needed to correct for its incompleteness, and are there plans in place to gather this data? What will the city really know about who is using the app and who is not? The purchased data will be deidentified and aggregated. Will the city have any idea of the demographic it represents? Still on the issue of data quality, it should be noted that some Strava users make use of the apps’ features to ride routes that create amusing map pictures (just Google “strava funny routes” to see some examples). How much of the city’s data will reflect this playful spirit rather than actual data about real riding routes is a question also worth asking.
Another important issue – and this is a big one in the emerging smart cities context – relates to data ownership. Because the data is collected by Strava and then sold to the cities for use in their planning activities, it is not the cities’ own data. The CBC report makes it clear that the contract between Strava and its urban clients leaves ownership of the data in Strava’s hands. As a result, this data on cycling patterns in Ottawa cannot be made available as open data, nor can it be otherwise published or shared. It will also not be possible to obtain the data through an access to information request. This will surely reduce the transparency of planning decisions made in relation to cycling.
Smart cities and big data analytics are very hot right now, and we can expect to see all manner of public-private collaborations in the gathering and analysis of data about urban life. Much of this data may come from citizen-sensors as is the case with the Strava data. As citizens opt or are co-opted into providing the data that fuels analytics, there are many important legal, ethical and public policy questions which need to be asked.
Tuesday, 09 February 2016 10:19 Written by Teresa Scassa
Carleton University’s Mary Francoli has just released her second report on Canada’s progress towards its Open Government commitments as part of its membership in the Open Government Partnership. The report is currently open for public comment.
The report offers a detailed and thorough assessment of the commitments made by the Canadian government in its second Action Plan on Open Government and the extent to which these commitments have been met. For those interested in open government, it makes interesting reading, and it also sets out a number of recommendations for moving the open government agenda forward in Canada.
Because the report is a review of Canada’s progress on meeting its commitments, it is shaped by those commitments rather than by, for example, a list of open government priorities as identified by multiple stakeholders. Indeed, problems with stakeholder consultation and engagement are themes that run through this report. Although Francoli notes that there have been improvements over time, there is clearly still work to be done in this regard.
Francoli’s detailed review shows that progress has certainly been made in moving forward the open government agenda. She notes that “significant progress” has been made with respect to many of the government’s commitments in the second Action Plan, and that in some cases the government’s progress has exceed its commitments. Not surprisingly, however, much remains to be done. Francoli identifies a number of shortcomings flagged by stakeholders that form the basis for her recommendations.
Foremost among the shortcomings is the woeful state of Canada’s Access to Information Act. Although this legislation has been the subject of criticism and calls for reform for decades – and by a broad range of stakeholders – the previous government remained impervious to these demands. That an open government agenda could be advanced with much fanfare without tackling access to information in any substantive way should undermine confidence in Canada’s commitment to open government. Top among Francoli’s recommendations, therefore, is reform of the legislation, and she has written a separate opinion piece on this topic in the Hill Times. In this article she notes with frustration that although the new Liberal government expressed a commitment to reform the access to information regime in its election platform, that commitment is now being expressed in terms of a “review” of the legislation. Francoli justifiably questions whether we really need further review given the many studies already conducted and the ink already spilled about the deficiencies in the legislation. A commitment to meaningful reform might just require swifter action.
Other issues flagged by Francoli include what she refers to as a “data deficit” – the apparent stalling of progress in the release of open data and the lack of diversity in the available data at the federal level. The concerns over a data deficit extend to the cancellation of government-led data collection; the axing of the long-form census being perhaps the most notorious (though not the only) example of this. Although the census has been revived, Francoli notes that other cancelled studies have not. Further, Francoli cautions that the government’s web renewal strategy is having the effect of pushing departments and agencies to reduce digital content available over the web, with the resultant loss of content available to the public. This latter concern ties in as well to Francoli’s recommendation that the government develop and publicize a clear policy on the preservation of digital material.
In addition to recommendations related to these issues, Francoli also recommends that the government overhaul the Advisory Panel on Open Government. This Panel (on which I served) met only very rarely, and opportunities to provide feedback became very limited by tight time constraints imposed on the few meetings that did take place. Francoli is concerned about a disjunction between stakeholders’ perspectives on open government and those of the government, and she sees an Advisory Panel with a new mandate and a new mode of operation as being one way to ensure more open lines of communication.
There may be a common misperception that open data and proactive disclosure are inexpensive and resource-light endeavors (after all, the government is just publishing online information already gathered, right?). Yet, this is far from the case. Open data in particular is resource-intensive, and Francoli notes that the two Action Plans had identified no additional resources for open government (apart from the $3 million dollars set aside for the mysterious Open Data Exchange (ODX)). She therefore also recommends that the government commit the necessary resources to open government in future action plans.
Francoli’s report can be found here, and comments on the report can be made here. The comments are public, and it is also possible to read comments by other stakeholders and to engage in dialogue about the report. With a new government in the process of setting its open government agenda, this is an opportunity to help shape its direction.
Tuesday, 24 November 2015 11:08 Written by Teresa Scassa
A new paper by uOttawa Common Law student Niki Singh and myself, and published in the Journal of e-Democracy, explores the issue of how to unroll open data programs in officially bi- or multi-lingual jurisdictions. Our focus is on Canada, although similar issues may arise in other jurisdictions with more than one official language.
The issue of linguistic equality in open data initiatives is particularly important if one takes into account the civic engagement dimensions of open government as well as the potential for use of open data by civil society organizations to meet their diverse goals. To date, at least at the federal level in Canada, there has been a strong emphasis on using open data to stimulate innovation. Much less emphasis has been placed, at least at the policy level, on using open government data to promote transparency or to support the work of civil society groups. The capacity of many civil society groups in Canada to work effectively with open data is even open to question. The necessary skills and expertise to work with open data may not yet be available to all such groups. In this context, then, compliance with the letter and spirt of official language policies requires a focus not just on bilingual data and bilingual tools to access the data (although these are certainly important), it also requires support for digital and data literacy that effectively reaches the different linguistic communities.
A few years ago, Jo Bates wrote an interesting article that explored whether and to what extent open government data initiatives within a neo-liberal frame may seek to offload responsibility for the delivery of some information-based government services to the private sector. In other words, rather than have the government develop and deliver information-based services to the public, the government might make its data available as open data and let the private sector develop useful apps involving that data. Evidence of this neo-liberal approach to information policy is present in Canada. For example, the decision of the last federal government in Canada to abolish the long form census was in part justified on the (controversial) view that equivalent data could be sourced from the private sector. If open data regimes operate within this neo-liberal frame, it is important also to consider the fate of minority language communities (among others) as data-related analysis and services are offloaded to the private sector.
Using the efforts and obligations of the Canadian federal government as a case study, our paper identifies some of the challenges posed by developing and implementing an open data agenda within an officially bilingual state. We consider two main issues. The first is whether open data initiatives might be used as a means to outsource some information analysis and information services to an unregulated private sector, thus directly or indirectly avoiding obligations to provide these services in both official languages. The second is whether the Canadian government’s embrace of the innovation agenda of open data leaves minority language communities underserved and under-included in the development and use of open data. Although ultimately the evidence at this early stage is inconclusive, the questions are important ones to be asking, particularly as a new federal government takes charge of the open data agenda in Canada.
It’s a busy week for Open Government and Open Data in Ottawa. All week long conferences and workshops are taking place in the capital around the theme of open government. Yesterday’s Open Data Summit, hosted by organized by Open North, drew a good-sized audience of developers, public servants and academics from Canada and elsewhere. Later this week, the 3rd international Open Data Conference will unfold. There is also an open data Unconference on May 26.
The meetings are creating a buzz around open data – a practice that is spreading through all three levels of government in Canada. The Canadian government and provincial leaders such as Alberta and British Columbia have open data portals where government data sets are made available in machine readable formats for reuse by anyone under an open licence containing very few restrictions. Many municipalities, including Vancouver, Ottawa and Toronto have also embraced open data. The City of Edmonton, a leader in this area was given an open data award at the Open Data Summit.
Other recent developments of note relating to open data include the call for comments by the Ontario Government on its new plan for Open Data by Default. The draft document is made available to the public on Google docs. Anyone can visit and leave their comments or can view the many comments of those who have already visited the document. The document also contains, in an appendix, the open licence which the Ontario government will use in relation to its data. The licence is based upon the open government licence developed by the federal government.
Also of note is the rather low-profile launch by the federal government of the ODX. The creation of this open data incubator organization is part of the government’s Action Plan on Open Data, and funding to launch this institute was announced last week.
Meanwhile, the Geothink research team of which I am a part (funded by a Partnership Grant from the Social Sciences and Humanities Research Council of Canada) continues its work on open-data related research. Ongoing projects relate to open data standards, liability issues, privacy, intellectual property, civic participation, and much, much more. Several Geothinkers are attending and participating in this week’s Ottawa events.
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