Open Data and Transparency: A Paradigm Shift

• Autore: Benedetto Ponti
• Carica: Researcher in Administrative Law at the Faculty of Political Science, University of Perugia (Italy).
• Pagine: 305-320

Open Data and Transparency: A Paradigm Shift

BENE DET TO PON TI∗

SUMM ARY:1. Transparency as Data Publication/Dissemination Via the Web – 2. The

Features of the (Most Recent) Notion of Transparency – 3. Open Data and (Discipline

of) Public-sector Data Reuse: Two Different Perspectives – 4. Administrative Trans-

parency within the Open Data Framework – 5. A Complementary Relationship –

6. Actors, Opportunities and Risks Involved in the Paradigm Shift

1. TRA NSPARE NCY AS DATA PUB LIC ATIO N/DISS EMINAT ION VIA T HE

WEB

This paper reviews the impact of the “Open Data System” on the concept

of administrative transparency, in order to assess not only the conceptual

but also the actual performance of transparency with respect to Open Data

available on the web. This topic is indeed at the centre of an international

debate, also as a result of specif‌ic policy options already devised by some

leading (at least from this point of view) legal systems1.

This investigation may appear as premature given that the Open Data

system is currently a widely supported but not yet implemented reform

strategy. In addition, transparency itself has recently evolved very rapidly

as a concept, with consequent deep changes in terms of tools and implemen-

tation if not goals.

This is particularly true for the Italian legal system, where administrative

transparency rapidly passed from a general (and generic) equivalence with

the legal institution of “right to access”2to a matter strongly connected with

∗The Author is Researcher in Administrative Law at the Faculty of Political Science,

University of Perugia (Italy).

1With special reference tothe policy star ted byB. Obama, President of the United States,

contained in the Memorandum on Transparency and Open Government, signed on 21 January

2009, followed (with special reference to Open Data) by the Open Government Directive

written by the responsible of the Off‌ice of Management and Budget on 8 December 2009

(see: http://www.data.gov/). Even the United Kingdom followed a policy of Open Data

promotion, a decision that took place in the passagefrom the Labour to the Tory government

(see: http://data.gov.uk/).

2Still in 2005 was critically remarked that “traditionally, transparency was as much as

to say right to access” (see E. CARLO NI,Nuove prospettive della trasparenza amministrativa:

dall’accesso ai documenti alla disponibilità delle informazioni, in “Diritto pubblico”, 2005, n.

2, p. 579).

306 Informatica e diritto /Un nuovo concetto di Open Government

the information dissemination via the web3. This transformation is charac-

terised by a fruitful and deep interaction between scientif‌ic discussion and

reform policies; therefore this model ended by affecting one of the most rel-

evant and strategic interventions by the national legislator in the course of

the last parliament4.

Since the concept of transparency acquired relevance, as the result of dis-

semination via web of information held by administrations, the Open Data

perspective could be intended in terms of substantial continuity/develop-

ment (not a breakdown) along the evolution of institutions and instruments

aiming at realising (administrative) transparency5. From this point of view,

it should be advisable that the effects of the Open Data systems on the dy-

namics of the web-driven transparency could be governed by the recent (but

already suitable) set of rules. In this research we aim at remarking the limits

of the present-day approach withreference to the Italian legal system in com-

parison with the Open Data systems potentials, dynamics and philosophy

as well as to suggest that these potentials, dynamics and philosophy would

end (will end) by determining a change in the transparency paradigm.

2. THE FEAT URES O F THE (MO ST RECEN T) NOTI ON OF TRA NSPAR ENC Y

As stated above, on-line dissemination of information plays a central role

in the Italian legal system. Such role benef‌its from the numerous provisions

that enforce mandatory publication of certain documents and information

3On the new “model” of transparency, founded on the on-line publication of informa-

tion, see E. CAR LONI,La “casa di v etro” e le riforme. Modelli e paradossi della trasparenza

amministrativa, in “Diritto pubblico”, 2009, n. 3, pp. 779-812; the essays contained in Mer-

loni F. (a cura di), “La trasparenza amministrativa”,Milano, Giuf frè, 2008.

4The on-line publication of documents and information represents the rationale of trans-

parency, as it is provided for by law no. 15 dated 2009 and the following decree no. 150

dated 2009, as well as in the law no. 60 dated 2009, the main legal issues of the reform

designed by R. Brunetta, Minister of Public Administration and Innovation. Besides the au-

thors mentioned in the previous footnote, see also V. SARCO NE,Dalla “casa di vetro” alla

“home page”: la “trasparenza amministrativa” nella legge 15/2009 e nel suo decreto attuativo,

http://www.amministrativamente.it, 2009, n. 11.

5Furthermore, the legislator def‌ines “transparency” as “total accessibility toinformation”

(see art. 4, par. 7,law no. 15dated 2009, and the following art. 11,par. 1,decree no. 150dated

2009). Nevertheless, the use of the term “accessibility” is inconsistent with the effectiveness

of the dynamics came into force followingthe same law (see below).