Relevance/rationale of the indicator (resp. why the indicator was chosen to measure the target and how it is suitable for these purposes) |
To report on the number of countries that adopted the guarantees, data collected through the survey instrument are triangulated by a desk research. The data, which include years of adoption of such guarantees, are monitored and updated annually to reflect changes, such as: whether a country just passed a guarantee for Access to Information; whether a country amended its existing guarantee(s) for Access to Information. In parallel, to link the data on adoption above with the implementation aspect, and to measure the component of implementation at national level, UNESCO collects data directly from countries and their territories via the Survey on Public Access to Information (SDG Indicator 16.10.2). |
Target value of the indicator and its evaluation |
1 |
Definition |
The proxy indicator monitors the existence and implementation of constitutional (see Charter of Fundamental Rights and Freedoms, Article 17/paragraph 1, paragraph 4, paragraph 5, article 24/paragraph 1, article 35, paragraph 2) or statutory (see in particular Act No. 106/1999 Coll., on free access to information, as amended + 123/1998 Coll., on the right to information about the environment) for public access to information in the Czech Republic. With the exception of Act No. 106/1999 Coll., on free access to information, the right to information in connection with the processing of personal data is also regulated by law. This is enshrined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). Among other things, certain contracts must also be published, based on Act No. 340/2015 Coll., on the special conditions for the effectiveness of certain contracts, the publication of these contracts and the register of contracts. In relation to territorial self-governing units, legislative anchoring can be found primarily in Acts No. 128/2000 Coll. on municipalities (municipal organization), No. 129/2000 Coll., on regions (regional organization) and, last but not least, also Act No. 131/2000 Coll., on the capital city of Prague, which, in simple terms, enshrine, for example, the obligation of public council meetings , taking minutes of these meetings, as well as all other cases where specific information must be publicly accessible, e.g. on an official board, etc., including deadlines. Apart from the aforementioned legislative anchoring, the topic of public administration communication is also included in the requirements of the US Administration Initiative "Partnership for Open Government". The Czech Republic acceded to this international initiative by Government Resolution No. 691 of September 14, 2011. Commitments arising from the initiative are gradually implemented through specific time-bound National Action Plans, which are regularly evaluated. The listed constitutional and statutory guarantees are not a comprehensive list of legislative amendments to the public's right to information, but we understand them to be the most significant. |
Measuring unit |
0 = NO; 1 = YES |
Indicator disaggregation |
|
Reference period (resp. the period to which the indicator relates) |
Year |
Related geographical area |
CZ (NUTS 0) |
Comment |
Data for indicator 16.10.2 are not available according to the relevant UN methodology. Therefore, a proxy indicator was designed, which can be used as a substitute for reporting indicator 16.10.2. According to the methodology, indicator 16.10.2 should be assessed on the basis of quantitative and qualitative data and answers to a number of questions. In the indicator, we only take into account the existence of relevant legislation, i.e. guarantees regarding public access to information and whether this legislation reflects international agreements. Both are fine in the Czech Republic, and therefore we believe that the Czech Republic can be counted as a country that has adopted and implements guarantees for access to information. However, it is also indicated in the metadata that the indicator should also be evaluated taking into account other sources, such as data from non-governmental organizations for human rights, academic institutions, etc., i.e., for example, an investigation into whether citizens are aware that they have the right to information and whether they use it, etc. We do not reflect these sources in the indicator.
We start from the premise that the existence of constitutional and legal guarantees in that spectrum, as described in the definition of the indicator, was completed in 2015. Of course, this does not mean that before 2015 constitutional and legal guarantees did not exist and were not implemented, most of the legal and constitutional guarantees were created already before 2015, including the Czech Republic's membership in the OGP, however, due to the definition of the indicator, we evaluate back to 2015, when the Act on the Register of Contracts came into force. |