정보공개의 새로운 지향 - 전자정보공개제도(電子情報公開制度)를 중심으로 -

Disclosure of Digitalized Information by Public Agencies

Digitalization of public administration information shall be accelerated more. When information exists both in the form of electronic and paper record, even the disclosure of paper record make it possible the access to public administration information itself, but there may some needs for the disclosure of electronic record in applicant's situation. Similarly, when only electronic record exists, there may be some problem about whether to disclose the record as print-out or as being electronic format itself. Thus, the method and format of disclose are very sensitive issues, and it is very important to clarify who has the competence to decide the method and format of disclosure, applicant or the public agency. In making any record available to an applicant under the EFOIA in America, the public agency shall provide the record in any form or format requested by the applicant, if the record is readily reproducible by the agency in that form or format. And for the convenience of the applicant with sensory disability, the AIA in Canada also permits the right to access to information in an alternative format. It is desirable also in our country that disclosure of information is done by public agencies in the format that applicant wants, as possible. In the meantime, we should consider the costs and technological restrictions corresponding to the change of format of information to the format that applicant specifies. In the case of electronic record, efforts required for searching cause some hard problems. Information disclosure system requires disclosure of record that exists at the demand point, and creation of new record that does not exist at that them is not required on the public agency. For the search of electronic information, we need some code or program. So, if we evaluate that act of coding or programming as creation of new record, demand on disclosure of electronic record becomes impossible, in fact. Therefore, when we include electronic record as the object of information disclosure system, we need to clarify the degree of reasonable efforts for searching the information included in that record, as long as possible, although it is very difficult problem. Also, we should consider the way to make it permitted to demand the disclosure of electronic record by FAX or E-mail. Disclosure of electronic record itself by E-mail is not generalized yet, even in America or Canada. There are many technological and legal problems to solve, before permitting or enforcing the disclosure of electronic record by E-mail. But, it is desirable to expand the method of disclosure to including disclosure by E-mail in possible spheres. Also, as well as disclosure on demands, we need to expand electronic access to information, so far as possible, in the process of information offer.