Transparency in and of itself is an important principle of governance, as described in Box 2.1: Good Governance for PPPs-while timely access to information is also a crucial aspect of accountability mechanisms, including those described in the following sections. To this end, many countries disclose information about PPP projects and programs.
Many governments proactively disclose PPP project or contractual information-that is, post this information in the public domain, without receiving a specific public request, such that it is freely accessible to anyone who is interested. This proactive disclosure can be achieved in various ways, such as by creating an online project database with key pieces of contract information, or an online library of PPP contracts, often with accompanying project summaries. Proactive disclosure of project and program information is often the responsibility of a PPP unit-for instance, Chile's PPP unit located in the Ministry of Public Works provides information on contracts, contract variations, and monthly performance reports.
Various countries engage in mandatory proactive disclosure of PPP project contracts in accordance with their transparency laws, freedom of information laws, or PPP laws. The disclosure practices are not uniform across countries, as to whether, when, and what information is disclosed. For example, Chile and Peru disclose the full contract, as does Minas Gerais in Brazil. Other countries, such as the United Kingdom, redact PPP contracts before they are made available to the public, with a view to protecting commercially sensitive information-although the definition of 'sensitive information' varies. Even in countries with no mandatory proactive disclosure, PPP contracts may be proactively disclosed by responsible sector ministries or agencies-for instance, road contracts are disclosed in India.
Other countries, such as South Africa, provide reactive disclosure-that is, make information available only in response to a specific request by a member of the public. Procedures for making requests are outlined in the legislation or rules framed under the legislation. The terms of such reactive disclosure may vary by country-including the cost (which may range from nominal to substantial) and the required timeframe, which may be as much as a month or more in many cases.
Disclosing PPP contracts may not be enough for the public to understand them-some additional information on the projects, and a plain-language description of the main contract provisions, is useful. For example, the Victorian Freedom of Information Act of 1982 requires that, besides publishing all PPP contracts on Victorian Government Purchasing Board website [#23], a project summary is published, providing information on the key project features and commercial terms of the project [#23, Section 19, page 10].
The World Bank's 2013 report on Disclosure of Project and Contract Information in PPPs presents the above diversity of disclosure practices. The report identifies a gradual trend towards broader disclosure, with several countries supplementing contract disclosure with project summaries presenting the main contract provisions and additional information on the project, its origination, and its procurement.