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p. 4 of 7 BACK | NEXT I. Introduction II. Current Policies and Practices III. Recent Developments at the World Bank and the IFC IV. Concerns and Constraints Relating to Confidentiality and Disclosure V. General Policy on Disclosure VI. Implementation of the Policy VII. Recommendations

Confidentiality and Disclosure of Information

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IV. Concerns and Constraints Relating to Confidentiality and Disclosure

22. In adopting a new confidentiality and disclosure policy, it is important for the Bank to be conscious of both the many positive contributions that an open and transparent policy can make to assist the Bank in its activities, and the legal and practical constraints that must limit disclosure in some cases. The policy to be adopted by the Bank must balance these various factors.

23. Openness and accountability in Bank operations are essential to ensure the effectiveness of the Bank’s operations and the support of the Bank’s shareholders. The advantages of a policy encouraging the fullest possible disclosure of operational information are readily apparent. Such advantages include the following.

1. Increased disclosure of information encourages debate and dialogue on policies and operations, which, in turn, results in an increase in flow of information back to the Bank, providing new and varied perspectives.

2. Increased disclosure of information can assist in ensuring effective local participation in decision making, leading to “ownership” of decisions by involved participants, and improving project implementation and sustainability.

3. An improved flow of information from the Bank helps to broaden understanding of the Bank’s role among donor members, borrowing members, cofinanciers, NGOs, academic institutions and the public at large, ensuring both financial and intellectual support for the Bank and its mission.

4. Increased information helps facilitate coordination with others interested in the common goal of development of the region.

5. Finally, as a public institution, the Bank is accountable to its shareholders and others providing support to the institution, and has a responsibility to provide the fullest possible information to its supporters.

24. There are, however, legal and practical constraints regarding disclosure of information which must also be taken into account, to protect the Bank’s interests and the legitimate interests of those who deal with the Bank, and to sustain cooperative relations with its various members. These constraints, which should be balanced against the Bank’s presumption in favor of disclosure described in paragraphs 26 and 27, include the following.

1. Information provided to the Bank on a confidential basis cannot be released without the prior consent or approval of the party providing such information. In some cases, such confidentiality relates to legal requirements in the jurisdiction of the party providing the information, or is governed by an agreement or understanding between the Bank and the party providing the information. In other cases, maintenance of confidentiality is simply good business practice to ensure the continuous flow of information from the provider, which may be a government, cofinancier or private party.

2. Documentation or proprietary information may be the legal property of other parties and therefore may not be released by the Bank without the permission of such owners.

3. It is essential to protect the integrity of the deliberative process of the Bank, and as such, to encourage frankness of dialogue and the free flow of ideas internally. Thus, internal documents prepared by staff or Management, including initial negotiating positions and committee deliberations, must be protected to ensure the free flow of ideas. As noted earlier, Section 9 of the “Rules of Procedure of the Bank’s Board of Directors” provides that “the proceedings of the Board are confidential...” and such proceedings have been interpreted to include internal processing of documents. Confidentiality protects these decision-making processes, and ensures that all participants can candidly express views without self-imposed limitations in anticipation of an external audience.

4. The Bank has a working relationship with its borrowing members, often sharing privileged information, particularly with respect to policy dialogue on critical matters. Just as internal information must flow on a free and confidential basis to ensure frank and candid discussions, so borrowing members and the Bank must be able to undertake free and candid discussions on the basis of reciprocal respect for the confidential character of information.

5. In private sector operations, the legitimate business interests and proprietary information of private sector clients must be protected to preserve the Bank’s ability to carry on such activities.

6. Finally, the Bank has a general obligation to establish and maintain safeguards with respect to the personal privacy of staff and to protect the confidentiality of personal information.

25. One additional constraint relates to the cost of disclosure of information. While the Bank’s policies should encourage the greatest possible disclosure of information, the cost to the Bank of dissemination of information, and cost recovery, if appropriate, must be considered in the light of limited financial resources. To the extent feasible, Bank staff will provide summaries of or “information pieces” concerning Bank documents so as to facilitate the disclosure of information and minimize the cost to the public and the Bank of providing information. (See paragraph 42, which provides for the release of factual or technical documents or portions thereof.) As noted at paragraph 15, a publications program is in place which provides for the pricing of Bank publications.

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