Overview

Stakeholders interests must be considered, and their rights must be respected.

Why

A number of stakeholders have legitimate interests in what is done with information. They include people that the information is about or whose property the information is about. In some cases, these people may have, not only interests, but also legal rights to confidentiality or privacy. The stakeholders also include bodies collecting or creating information, who may have intellectual property rights in it. Giving due consideration to these interests gives citizens and companies more confidence in government, and makes them more willing to supply information. Also, it involves greater engagement with them, which in itself contributes to the quality of government and the health of democratic society. Operation within the law requires due respect for privacy and intellectual property rights.

Intended Outcome

Stakeholders’ interests are considered and their rights are respected.

Possible Approach

Bodies collecting or holding public sector information MUST maintain records of concerned stakeholders and their rights in the information and their wishes regarding it. They MUST respect these rights and SHOULD conform to these wishes in so far as they are consistent with law and public policy.

These bodies include public-sector bodies and also commercial bodies involved in the collection, processing, and publication of the information.

The concerned stakeholders include:

• People and companies that the information is about,
• People and companies whose property the information is about, and
• People and companies that have created or added value to the information.

Bodies collecting information MUST inform concerned stakeholders of the reasons for collecting it, of how it will be used, and of the visibility that it will have.

Bodies collecting information SHOULD also collect the wishes of stakeholders regarding its treatment and, in particular, its visibility.

How to Test

Whether records of stakeholders’ rights and wishes are created and maintained CAN be checked by inspecting the records.

Whether rights and wishes have been honored and respected CAN be tested by investigating samples of information uses, and by monitoring complaints.

Evidence

Consideration of the rights and concerns of stakeholders is an identified requirement of the Open Public Sector Data Business Scenario.

Lifecycle Stage

Planning and many subsequent phases, including creation and publication.

Audience

Everyone responsible for the creation or publication of public-sector information.

Related Best Practices

(To be added once the list of best practices is complete.)