Principles for Federal Government Information
From the Report to the Congress: Study to Identify Measures Necessary for a Successful Transition to a More Electronic Federal Depository Library Program as required by Legislative Branch Appropriations Act, 1996. Public Law 104-53. Washington D.C.: U.S. Government Printing Office. June 1996.
The FDLP Study brought together representatives from a variety of organizations who share an interest in the continued dissemination of, and access to, Federal Government information through the Federal Depository Library Program. Despite differing viewpoints, agendas and responsibilities, study participants did reach consensus on several basic principles for Federal Government information. Over the years, these principles have been expressed by a wide variety of organizations many times and in many different ways. Last year, the National Commission on Libraries and Information Science (NCLIS) republished its principles for comment in the June 9, 1995 issue of the Federal Register... The principles below, which are derived from the NCLIS principles, served as the underlying foundation for all study group discussion and activities.
Principle 1: The Public Has the Right of Access to Government Information
A cornerstone of every democratic society is the public's right of access to Government information. Open and uninhibited access to Government information ensures that the public has the opportunity to monitor and participate in the full range of Government activities. As Thomas Jefferson said in 1816, "If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed." Access to Government information, except where restricted by law, is a basic right of every American citizen. It should not be format dependent, nor should it be compromised by the imposition of excessive fees, time delays or copyright-like restrictions imposed by the Government in a manner that hinders timely access, use or redissemination.
Principle 2: The Government Has an Obligation to Disseminate and Provide Broad Public Access to Its Information
The Government should not only allow public participation in the democratic process by providing access to its information, but should encourage public participation and use of Government information through proactive dissemination efforts that ensure timely and equitable public access. This principle was the basis for the establishment of the Federal Depository Library Program more than a century ago. It also is supported by hundreds of other Government statutes which prohibit the copyright of Federal information, mandate affirmative public dissemination of such information and assign dissemination functions to a variety of Federal agencies and Government-wide clearinghouses. This responsibility entails providing public access to Government information in such a way that even those citizens without special equipment or training can find, access, and use it. This principle covers access to both Government information products and the underlying data from which they are created.
Principle 3: The Government Has an Obligation to Guarantee the Authenticity and Integrity of Its Information
Government information is used in many ways, some of which affect the continued health and livelihood of the American public. Any corruption of Government information poses a serious and real threat to the common good. Therefore the Government has an obligation to protect its citizens by guaranteeing to the maximum extent possible the authenticity and integrity of its information. Due to the ease in which it currently is possible to manipulate electronic source files, the obligation to provide long range assurances of authenticity will become increasingly important as more Government information moves to electronic formats.
Principle 4: The Government Has an Obligation to Preserve Its Information
Government information is part of our national heritage. It documents the fundamental rights of American citizens, the actions of Federal officials in all three branches of our Government, and the characteristics of our national experience. Therefore, it is a Government obligation to guarantee the preservation of Government information for future generations of Americans. This principle applies to Government information that has been determined to have sufficient historical value or that provides significant evidence of the organizations, functions, policies, decisions, procedures, operations or activities of the Government. Despite changing times and technologies, public access to these types of Government information in a meaningful format must be maintained in perpetuity to ensure the continued accountability of the Government to its present and future citizens.
Principle 5: Government Information Created or Compiled by Government Employees or at Government Expense Should Remain in the Public Domain
Except where exempted by law, Government information created or compiled at Government expense or by Government employees as part of their official duties, regardless of the format in which it is published, is in the public domain. The Government is precluded by 17 U.S.C. Chapter 1 from holding copyright protection for its published and/or unpublished works. This prohibition on copyright should not be undermined by the Government's imposition of copyright-like restrictions on the use or reuse of Government information, such as the imposition of royalties, establishment of exclusive distribution arrangements, or denying timely access to underlying data.
Return to Contents