Processes – Observer application process

Become an observer – observer application process

Objective
This information sets out how national and international public entities and governmental organisations involved or interested in the development, research, protection, promotion and respect of access to public information may apply to become an observer to the International Conference of Information Commissioners (ICIC) closed session or to parts of the ICIC closed session. It also sets out how their application will be processed under the governance mechanisms of the ICIC.
 
The prime objective of this information is to assist interested entities in understanding how their application will be reviewed and what is the decision process. It also provides guidance to the Secretariat of the ICIC to allow it to work diligently on the Observer Applications it receives.

National and international public entities and governmental organisations involved or interested in the development, research, protection, promotion and respect of access to public information are encouraged to apply to become Observers.
 
Sections 16 to 18 of the Charter state that the ICIC encourages the participation of observers from applicants who do not meet the criteria for eligibility as members. These observers may be invited by the Executive Committee to attend the entire closed session or parts thereof.

To become Observers, applicants must commit to respecting the Vision, the Mission, the Values and the Goals of the ICIC as enshrined in the Charter.

 
Attendance at the Annual Meeting will be determined by the Conference host in consultation with the Executive Committee. That determination will be made in light of the agenda.
 
Observer Status is granted for a period of three years, renewable.
 
Observers to the Conference have no voting rights.

By applying to become an Observer, the applicant agrees to have information about their organisation published on the ICIC website.

Only accredited members and observers are eligible to attend the closed session of the ICIC.

 
An entity interested in attending the closed session of the ICIC must submit their application to become an Observer at the latest 9 weeks prior to the Annual Meeting of the ICIC.
 
This is to accommodate the time required for the Executive Committee to review your application and issue a decision and to account for the registration deadline specified by the annual Conference Host.

The process

Starting an application

To apply, applicants must complete the online application form entitled Observer Application Form.
 
The online application form requests the following information:
  1. The identity of the entity
  2. The identity of its official representative
  3. The description of the applicant
  4. The description of the entity’s involvement or interest in the development, research, protection, promotion and respect of access to public information
  5. The entity’s commitment to the Vision, Mission, Values and Goals of the ICIC
  6. Contact details of the applicant
  7. Additional comments supporting the application, including the entity’s expectations for joining the ICIC, such as bilateral cooperation, specific project collaboration, exchange of knowledge, networking, training, etc.
Most fields are mandatory and the application won’t be submitted until all mandatory fields have been completed.

Review an application – overview

Upon its receipt, the application will be reviewed by the ICIC Secretariat who will issue its recommendation to the Executive Committee. The recommendation is then passed on to the Executive Committee for review and decision.

Assessment process

Initial review by the Secretariat
 
3.1 – Initial review by the Secretariat
 
  1. As a first step, the Secretariat will check the application to ensure the applicant has completed the application correctly.

    If the information appears to be incorrect or inconsistent, the Secretariat will contact the applicant to request further clarification.

  2. Once it is satisfied that the application contains all the necessary information, the Secretariat will complete an initial “Review and Recommendation form” without undue delay to ensure it can be reviewed by the Executive Committee prior to its next meeting.

    The “Review and Recommendation form” is formed of two parts: a review of the application and a recommendation as to the applicant’s eligibility to become and Observer.

3.2 – Review by the Executive Committee

  1. All applications are reviewed and decided upon by the Executive Committee at its regular meetings. The Executive Committee meets every six weeks. So any applications will be reviewed and decided within that timeframe.

    Applications received by the Secretariat in any given time will be grouped and sent together to the Executive Committee in advance of its next meeting.

  2. Members of the Executive Committee have two weeks from the date of the Secretariat’s correspondence to provide comments on the Secretariat’s initial recommendation. Comments are sent to the Executive Committee and the Secretariat.

    The Secretariat will compile the responses and comments from the members of the Executive Committee in time for its next meeting.

  3. Following the consultation with members of the Executive Committee,
  • If no observations and no reservations have been received from members of the Executive Committee on the Recommendation, the Chair will ask the Executive Committee to adopt it at its next meeting and invite the Secretariat to inform the applicant of the Executive Committee’s decision.
  • If observations (without reservations) have been received from members of the Executive Committee on the initial Recommendation, the Secretariat will update its recommendation in line with the Executive Committee’s comments in time for the Committee’s next meeting. At the meeting, the Chair will ask the Executive Committee to adopt the revised recommendation. In the absence of further comments, the revised recommendation will be considered as adopted.
  • If members of the Executive Committee have expressed reservations on the initial recommendation, the Chair will ask the Secretariat to review its recommendation and take appropriate action in line with the Executive Committee’s comments (e.g. request that further information is provided by the applicant, change its recommendation altogether, etc.):
  • In case further information is required from the applicant, the Secretariat will notify the applicant specifying the nature of the request and allow the applicant two to four weeks to respond.

    That period can be extended to a longer deadline on request by the applicant.The Secretariat will inform the Executive Committee of the extended deadline.

    In the absence of a response by the applicant within the agreed upon response time, the application will be considered expired and a new application will need to be submitted by the applicant.

    If additional information is provided to the Secretariat within the extended deadline, the “Review and Recommendation form” is revised by the Secretariat in light of the new information and resubmitted for review by the Executive Committee.

    Members of the Executive Committee will then have two weeks to express any further comments. In the absence of comments, the revised recommendation will be considered as adopted.

  • The Chair may choose to discuss the application at the meeting of the Executive Committee to allow opposing views and reservations to be expressed.

    During that meeting, the Chair will seek to reach a decision by consensus. In the absence of consensus, the Chair can put the decision to a simple majority vote of the members present at the extraordinary meeting. If the vote ends in a tie, the Chair will have the deciding vote.

    The meeting will be recorded by the Secretariat. The minutes of the meeting will be used to review the recommendation and serve as the record of decision by the Executive Committee.

 

3.3 Urgency procedure

Where the Secretariat or the Chair considers that there is a need to move quickly with an application, it may request, by way of a derogation from the procedure described above, that the Executive Committee immediately reviews the application. The Secretariat will confer with the Executive Committee on an appropriate period of consultation.

Assessment outcome

  • Successful
    If the application is successful, the applicant will be awarded Observer Status by the Executive Committee. The new Observer must respect the Vision, the Mission, the Values and the Goals of the Charter.
  • Unsuccessful
    If the Executive Committee is of the opinion that the applicant does not meet the conditions set out in the process, the application will be considered unsuccessful. The recommendation will encourage the organisation to reapply should they feel it appropriate at a future time.

Announcement

Upon reaching its decision, the Chair will request the Secretariat to issue a decision letter to the applicant as soon as feasible.
 
If the application is successful, the Chair will instruct the Secretariat to inform the ICIC membership and to add a news entry on the ICIC website.
Appeal
 
If the applicant is dissatisfied with the decision made by the Executive Committee, they can apply directly to the Chair within two weeks of the date on the decision letter to have their application reviewed.
 
The appellant should provide a statement as to why they believe the decision of the Executive Committee should be rescinded or reviewed.
 
Upon receiving the appeal letter and statement, the Chair will request that the Secretariat adds a point on the agenda of the Executive Committee’s meeting to examine the grounds for appeal and issue a final decision.
 
The decision of the Executive Committee is final.