Citizens and the Use of FOI Legislation

Citizens have “smaller” features than businesses or Media in the use of FOI legislation. Normally, two kinds of costs can discourage citizens’ FOI requests, including external costs and internal ones. External costs arise from the problems of information available, including unreasonable fees, broad exemptions and unreasonable review system. Internal costs occur from citizens' limited resources, such as money, knowledge and time that are very necessary to obtain government information.
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Businesses are the Biggest User of FOI Legislation

FOI legislation is not just good public policy; it is also good for business. Coalition of Journalists for Open Government observes that American FOI requesting has become a business in itself over the last 40 years.[1] Businesses are always the biggest users of FOI legislation in many jurisdictions as this law benefits for their commerical activities and competition. It is no doubt that FOI officials will find themselves primarily servicing the FOI requests of commercial interests.[2]
We cannot help asking the following questions, what is wrong with our FOI laws?

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[1] Coalition of Journalists for Open Government, Frequent Filers: Businesses Make FOIA Their Business (2006) <> at 26 January 2007.

[2] Roderick Macdonell, Access to Information: The Commercial Side (2003) The World Bank < http://www1.worldbank.org/devoutreach/march03/textonly.asp?id=196>at 23 January 2007.

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Media’s Use of FOI Legislation

Media should be the major user of FOI legislation according to the traditional view. However, it will not be the case if we review many countries’ FOI practices. Two reasons can be borrowed to explain phenomenon. One is the ease of information available, and the other is access resources of media. It is reasonable to say that FOI legislation is not only for journalists, but also for the public as well.

Business Models for Commercial Exploitation of Public Sector Information

The business model of re-use of public sector information can be divided into two categories, including public sectors or private sectors as the major role to re-use. The latter should be the right business model for China. It is necessary to enact or amend Freedom of Information Act, Copyright Act, Anti-trust Act, Anti-monopoly Act to guarantee private sectors as the major role to re-use public sector information resources.

Legal Conditions for the Commercial Exploitation of Public Sector Information

The commercial exploitation of public sector information could not happen without good legal conditions. It needs support from Freedom of Information Act, Copyright Act, Anti-trust Act, Anti-monopoly Act and etc. It seems that our country lacks some good legal conditions for the commercial exploitation. It is time to enact or revise some acts in order to create perfect legal conditions for the commercial exploitation of public sector information.