The Regulations on Open Government Information, requiring officials to swiftly release information involving "the immediate interests of individuals and groups," was unveiled on April 24. On the same day, Zhang Qiong, Deputy Director of the Legislative Office of the State Council, answered questions at a press conference on the newly released statute.

Upon application The rules come into effect next May. This allows time for government departments to prepare for information requests and for citizens or non-governmental entities to learn the application procedures. The relevant departments have 30 days to provide the requested information.

Zhang Qiong points out that the new regulation will help prevent and eliminate corruption at its origin, promote socialist democracy, and build an open, transparent government abiding by the rule of law.

Charges for information provision The new statute stipulates that government departments providing information for individuals can only charge applicants a nominal fee, such as post and photocopy costs. The charging standards will be enacted by related agencies under the State Council. Any government is not allowed to provide information commercially through any organization or individual. Zhang Qiong noted that the free access to government information will help nurture a people-oriented working style and enhance the efficiency of government agencies.

Breaking old traditions In the statute unveiled on April 24, the only exceptions for citizens’ rights to government information are information concerning state secrets, commercial secrets or privacy. As China’s first statue on allowing citizens’ rights to public information, the implementation of this regulation will definitely usher in a new era in a country where access to government information had long been considered a gift from the government.

As a matter of fact, government has made great progress in extending public access to government information, but there are still problems. Only when government’s duty to release information is clearly written into law, which punishes anyone who acts against the codes, can people’s rights to know be truly guaranteed. Furthermore, government has the responsibility to take the initiative to publicize new laws and regulations as well as all information concerning the direct interests of individuals or organizations, requiring the massive participation or involving changes of administrative organization restructuring and procedures. In the new regulation, there are detailed regulations on government’s responsibility in this regard, which leaves no space for misconduct.

Using legal weapons The new regulation also provides redress for the public when a government department refuses to fulfill its duty to provide information. In the new regulation, citizens or organizations, when denied their information inquiry by a government, can file complaints to government departments of higher authority or supervisory government agencies, which are mandated to make investigation and deliver punishment. Citizens and organizations, who feel their interests harmed by government’s misconduct in publicizing information, can apply for administrative reconsideration or file an administrative appeal. The statute also outlines the penalty for government officials who fail to fulfill their duties by providing open government information or do not update their services in time or demand profit from providing government information.

Regular appraisal According to the new regulation, governments at all levels should establish an appraisal system which brings in outside opinions on the implementation of the regulation. The regulation demands that all government departments, at the end of every March, should release an annual report on open information. The contents incorporated in the report are to include all information this government department has taken the initiative to release over the year, all information the government has released upon request, and cases of refusals for special reasons. The government department must post fees for publicizing information; list all administrative reconsideration and administration litigation cases on government information sharing, and record all major problems in work and resultant improvements.

(Source: www.thebeijingnews.com)