Freedom of information legislation

Encyclopedia : F : FR : FRE : Freedom of information legislation

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Over sixty one countries around the world have implemented some form of freedom of information legislation, which sets rules on governmental secrecy. Many more countries are working towards introducing such laws, and many regions of countries with national legislation have local laws - for example, all states of the US have access laws as well as the national legislation. In general, such laws define a legal process by which government information is available to the public; in some countries, they may only apply to journalists, or to people with a legal need for the information. In many countries there are vague constitutional guarantees for the right of access to information, but usually these are unused unless specific legislation exists to support them.

These laws may also be described as open records or (especially in the United States) sunshine laws (alluding to "letting light shine" on the process). A related concept is open meetings legislation, which allows the public access to government meetings, not just to the records of them. In many countries, privacy or data protection laws may be part of the freedom of information legislation; the concepts are often closely tied together in political discourse.

A basic principle behind most freedom of information legislation is that the burden of proof falls on the body asked for information, not the person asking for it. The requester does not usually have to give an explanation for their request, but if the information is not disclosed a valid reason has to be given.

Some countries with existing legislation

Albania

In Albania, the constitution of 1998 guarantees the right of access to information; the legislation supporting this is the Ligj nr. 8503, date 30.6.1999, Per të drejten e informimit per dokument zyrtare (Law no. 8503, dated June 30 1999, On the right to information over the official documents). This requires public authorities to grant any request for an official document. ([in English], [in Albanian])

Australia

In Australia, the Freedom of Information Act 1982 was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth.

There is similar legislation in all states and territories - in Victoria, the Freedom of Information Act 1982; the Australian Capital Territory, the Freedom of Information Act 1989; New South Wales, the Freedom of Information Act 1989; South Australia, the Freedom of Information Act 1991; Tasmania, the Freedom of Information Act 1991; Queensland, the Freedom of Information Act 1992; Western Australia, the Freedom of Information Act 1992; and in the Northern Territory, the Information Act.

Belize

In Belize, the Freedom of Information Act was passed in 2000 and is currently in force, though a governmental commission noted that "not much use has been made of the Act" [link].

Bosnia and Herzegovina

In Bosnia and Herzegovina, both federal entities - the Republika Srpska and the Federation of Bosnia and Herzegovina - passed freedom of information laws in 2001, the Freedom of Access to Information Act for the Republika Srpska and Freedom of Access to Information Act for the Federation of Bosnia and Herzegovina respectively. As such, though there is no single national-level law, the whole of the country is covered.

Bulgaria

In Bulgaria, the Access to Public Information Act was passed in 2000, following a 1996 recommendation from the Constitutional Court to implement such a law.

Canada

In Canada, the Access to Information Act allows citizens to demand records from federal bodies. This is enforced by the Information Commissioner of Canada. There is also a complementary Privacy Act, introduced in 1983. The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a federal government institution and that provide individuals with a right of access to that information. It is a Crown copyright. Complaints for possible violations of the Act may be reported to the Privacy Commissioner of Canada.

The various provinces and territories of Canada also have legislation governing access to government information; in many cases, this is also the provincial privacy legislation. For example, the Freedom of Information and Protection of Privacy Act applies to the province of Ontario's provincial ministries and agencies, boards and most commissions, as well as community colleges and district health councils. In Quebec the Act respecting access to documents held by public bodies and the protection of personal information governs access to government information.

Chile

In Chile, there is a constitutional provision for the freedom of information, but no Access to Public Information law. The right provided by the Constitution is regulated in the articles 11 (bis and ter) of Law N° 19,653, which modified Law N° 18,575. In it, it is stated that administrative activities in the agencies of the public administration and documents of organizations that work with them are public. The public can request information with the following requirements: it has to be in a written matter and it does not have to be information already available to the public. Information has to be delivered in 48 hours.

Colombia

In Colombia, the constitution gives a right of access to public information, and the Ley 57 de 1985 Por la cual se ordena la publicidad de los actos y documentos oficiales (Law 57 of 1985, for the ordering of the official publicity of the acts and documents) implements this, giving the right of access to documents que reposen en las oficinas públicas - which reside in the public offices.

Croatia

In Croatia, the Zakon O Pravu Na Pristup Informacijama (Act on the Right of Access to Information) of 2003 extends to all public authorities.

Czech Republic

In the Czech Republic, the Zákon č. 106/1999 Sb., o svobodném přístupu k informacím (Act No. 106/1999 Coll. on Free Access to Information) covers the "state agencies, territorial self-administration authorities and public institutions managing public funds" as well as any body authorised by the law to reach legal decisions relating to the public sector, to the extend of such authorisation.

[Another 106 Answers to your Questions (With Judgements)] is a useful English-language guide to the Act.

Denmark

In Denmark, the Access to Public Administration Files Act of 1985 applies to most public agencies, and an unusual clause extends coverage to most private or public energy suppliers.

Ecuador

In Ecuador, the Transparency and Access to Information Law of 2004 declares that the right of access to information is guaranteed by the state.

Estonia

In Estonia, the Public Information Act [link] of 2000 extends to all "holders of information", which is clarified as being all government and local government bodies, legal persons in public law and legal persons in private law if they are performing public duties (providing health, education etc).

European Union

Regulation 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents [link] grants a right of access to documents of the three institutions to any Union citizen and to any natural or legal person residing, or having its registered office, in a Member State. "Document" is defined broadly and it is assumed that all documents, even if classfied, may be subject to right of access unless it falls under one of the exceptions. If access is refused, the applicant is allowed a confirmatory request. A complaint against a refusal can be made with the European Ombudsman or an appeal can be brought before the Court of First Instance.

Finland

In Finland, the Laki yleisten asiakirjain julkisuudesta 9.2.1951/83 (Act on the Openness of General Documents of 1951) established the openness of all records and documents in the possession of officials of the state, municipalities, and registered religious communities. Exceptions to the basic principle could only be made by law, or by an executive order for specific enumerated reasons such as national security. The openness of unsigned draft documents was not mandated, but up to the consideration of the public official. This weakness of the law was removed when the law was revised in the 1990's. The revised law, the Laki viranomaisten toiminnan julkisuudesta 21.5.1999/621 (Act on the Openness of Government Activities of 1999), also extended the principle of openness to corporations that perform legally mandated public duties, such as pension funds and public utilities, and to computer documents. External link: [Act on the Openness of Government Activities, Finnish Ministry of Justice]

France

In France, the accountability of public servants is a constitutional right, according to the Declaration of the Rights of Man and of the Citizen.

The implementing legislation is the Loi n°78-753 du 17 juillet 1978 portant diverses mesures d'amélioration des relations entre l'administration et le public et diverses dispositions d'ordre administratif, social et fiscal (Act No. 78-753 of 17 July 1978. On various measures for improved relations between the Civil Service and the public and on various arrangements of administrative, social and fiscal nature). It sets as a general rule that citizens can demand a copy of any administrative document (in paper, digitized or other form), and establishes the Commission d’Accès aux Documents Administratifs, an independent administrative authority, to oversee the process.

Georgia

In Georgia, the General Administrative Code contains a Law on Freedom of Information.

Germany

In Germany, the federal government passed a freedom of information law in 2005. Six of the sixteen Bundesländer - Berlin, Brandenburg, Nordrhein-Westfalen, Schleswig-Holstein, Hamburg and Bremen - have approved individual "Informations-Freiheits-Gesetze" (Freedom of Information laws).

External link: [Act to Regulate Access to German Federal Government Information (Freedom of Information Act – FOIA)]

Hungary

In Hungary, the Act on the Protection of Personal Data and Public Access to Data of Public Interest extends a right of access to all data of public interest, defined as any information processed by a body performing a governmental function. Complaints and contested applications may be appealed to the Data Protection Commissioner.

India

The Indian Right to Information Act was introduced to the Indian Parliament in July 2000. It came into effect on 12 Oct 2005. Under this law the information has become a fundamental right of the citizen. Under this law all Government Bodies or Government funded agencies have to designate a Public Information officer (PIO). The PIO's responsibility is to ensure that information requested is disclosed to the petitioner within 30 days or within 48 hours in case of information concerning the life and liberty of a person. The law was inspired by previous legislations from select states (among them Maharastra, Goa, Karnataka, Delhi etc) that allowed the right to information (to different degrees) to citizens about activities of any State Government body. A number of high profile disclosures revealed corruption in various government schemes such scams in Public Distribution Systems (ration stores), disaster relief, construction of highways etc. The law itself has been hailed as a landmark in India's drive towards more openness and accountability

However the law has certain weaknesses that hamper implementation. There have been questions on the lack speedy appeal to non-compliance to requests. The lack of a central PIO makes it difficult to pin-point the correct PIO to approach for requests. The PIO being an officer of the Govt. institution may have a vested interest in disclosing damaging information on activities of his/her Institution, This therefore creates a conflict of interest. In the state of Maharastra it was estimated that only 30% of the requests are actually realized under the Maharastra Right to Information act. The law also bares disclosure of information that affects national security, defence, and other matters that are deemed of national interest.

For more information see [Indian Right to Information Act]

Ireland

In Ireland the [Freedom of Information Act] came into effect in April, 1998. The Act has led to a sea-change in the relationship between the citizen, journalists, government departments and public bodies. There are very few restrictions on the information that can be made public. A notable feature is the presumption that anything not restricted by the Act is accessible. In this regard it is a much more liberal Act than the UK Act. Decisions of public bodies in relation to requests for information may be reviewed by the Information Commissioner.

One particular controversy which has caused concern to journalists and historians is that traditionally government ministers would annotate and sign any major policy or report documents which they had seen. However this practice has fallen out of favour because of the new openness. This annotation and signing of documents has often given a paper trail and unique insight as to "what the minister knew" about a controversy or how he or she formed an opinion on a matter. Also civil and public servants have become more informal, in keeping written records of potentially controversial meeting and avoiding writing memos as a result[link]. While this information would not often be released, and sometimes only under the thirty year rule, the fact that government ministers now do not annotate and sign documents creates the concerns that while government is open it is not accountable as to who did or saw what or how decision making process works.

Israel

In Israel, the Freedom of Information Law, 5758-1998, supported by the Freedom of Information regulations, 5759-1999, controls freedom of information. It defines the bodies subject to the legislation by a set of listed categories - essentially, most public bodies - and provides for the government to publish a list of all affected bodies. However, this list does not seem to have been made publicly available, if indeed it was ever compiled.

Many public bodies are not obliged to follow the law, which limits the potential for use by the public. Currently, the freedom of information regime in Israel is unusual in that it is the only country where public universities and colleges are not subject to the legislation on a national basis; the justice minister, however, has looked into extending the law to cover these institutions.

Jamaica

In Jamaica, the relevant legislation is the Access to Information Act, 2002.

Japan

In Japan, "Law Concerning Access to Information Held by Administrative Organs"(行政機関の保有する情報の公開に関する法律) was promulgated in 1999. The law was enforced in 2001.

In many local governments, it establishes the regulations about information disclosure(情報公開条例) from the latter half of 1980's.

External links

Ministry of Public Management, Home Affairs, Posts and Telecommunications(総務省)

• [Law Concerning Access to Information Held by Administrative Organs]
• [Main Points of the Law Concerning Access to Information Held by Administrative Organs]

Norway

The [Freedom of Information Act] of 19 June 1970 is the implementation of freedom of information legislation in Norway on a national level. [Article 100 of the Constitution] gives access to public documents.

Republic of Moldova

[The Law of the Republic of Moldova on Access to Information]

Romania

Since 2001 there is one law on Freedom of Information and one on transparent decision making processes in public administration (a sunshine law). You can find the English versions of these laws in the annexes of the following studies: [Access to Public Information: Guide for Citizens] and [Transparency of Decision-Making in Public Administration - citizens and administration guide]

Serbia and Montenegro

The nation of Serbia and Montenegro consists of two federal republics. In the Republic of Serbia, the Law on Free Access to Information of Public Importance gives access to documents of public authorities. An similar law was passed in the Republic of Montenegro late in 2005, after a process of several years.

Slovenia

Slovenia passed the [Access to Public Information Act] in March 2003. The Act governs the procedure which ensures everyone free access to public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors.

[Information Commissioner's] site

South Africa

South Africa passed the Promotion of Access to Information Act on 2 February 2000. It is intended "To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights"; the right of access to privately held information is an interesting feature, as most freedom of information laws only cover governmental bodies.

Sweden

In Sweden, the fundamental law of 1766 concerning Freedom of Press granted public access to government documents. It is thus a fundamental part of the Swedish Constitution, and the first ever piece of freedom of information legislation in the modern sense. In Swedish this is known as Offentlighetsprincipen [(The Principle of Public Access)], and has been valid since.

A single exception was made in the case of Zenon Panoussis's trial; copyright law effectively overuled the Swedish Constitution.

The principle of public access means that the general public and the mass media newspapers, radio and television are to be guaranteed an unimpeded view of activities pursued by the government and local authorities.

Thailand

In Thailand, the relevant legislation is the Official Information Act of 1997.

Trinidad and Tobago

In Trinidad and Tobago, the relevant legislation is the Freedom of Information Act, 1999.

Pakistan

President Pervez Musharraf promulgated the Freedom of Information Ordinance 2002 in October 2002. The law allows any citizen access to public records held by a public body of the federal government including ministries, departments, boards, councils, courts and tribunals. It does not apply to government owned corporations or provincial governments. The bodies must respond within 21 days.

Turkey

"TURKISH LAW ON THE RIGHT TO INFORMATION" (Law No: 4982)came into force on April 24th, 2004.

Paraguay

In Paraguay, the law protect the "habeas data" that means that any citizen can request a copy of the info related to him in public or private offices, and request to be destroyed if it founded inaccurate. This was used mainly by old oppositors after the Pdt. Stroessner long (1954-1989) dictatorship in order to find info about themselves. In 2005, efforts had been made to transparet the Government buys, with a system that publish in the Web the requests, as also the results.

United Kingdom

The Freedom of Information Act 2000 (2000 c. 36) is the implementation of freedom of information legislation in the United Kingdom on a national level, with the exception of Scottish bodies, which are covered by the Freedom of Information (Scotland) Act 2002 (2002 asp. 13).

United States

In the United States the Freedom of Information Act was signed into law by President Lyndon B. Johnson on July 4, 1966 and went into effect the following year. The Electronic Freedom of Information Act Amendments were signed by President Bill Clinton on October 2, 1996.

The Act applies only to federal agencies. However, all of the states, as well as the District of Columbia and some territories, have enacted similar statutes to require disclosures by agencies of the state and of local governments, though some are significantly broader than others. Many combine this with Open Meetings legislation, which requires government meetings to be held publicly.

Zimbabwe

In Zimbabwe, the Access to Information and Privacy Act (AIPPA) was signed by President Mugabe in February 2002.

Countries with pending legislation

• In Argentina, national freedom of information legislation is pending, though some individual regions have legislation on a local level.
• Armenia passed a Law on Freedom of Information in 2003, but as of 2004 it had not come into force pending government plans to replace it.
• In Azerbaijan, there is a constitutional provision for the freedom of information, but no active enabling legislation.
• In Botswana, as of 2003, the government was quoted as saying "The Freedom of Information Bill is not a priority for the new ministry, but some activities like information gathering and initial planning will start." [link]
• In Fiji, the constitution gives a general right of access, but enabling legislation has not yet been passed. A draft Freedom of Information Bill was circulated in 2000 but derailed by political unrest; the government has not yet begun work on a second bill.
• In Ghana, the Freedom of Information Bill was resubmitted to the Cabinet in 2005.
• In Indonesia, the House of Representatives drafted and submitted a freedom of information bill in 2004, but as of 2005 it remained dormant, with the government taking no action.
• In Jordan, there appears to be a draft Law on the Guarantee of Access to Information.
• In Kenya, the draft Freedom of Information Act 2005 is currently pending.
• In Lesotho, the Access and Receipt of Information Bill was before Parliament in 2003-4, but the current status of the legislation is unknown
• In the Maldives, there is currently no freedom of information legislation. In 2004, the government announced that a bill was expected to be passed in that year, but this has not yet transpired.
• In Mozambique, the government produced a draft Freedom of Information Bill in August 2005. It is expected to become law within two years.
• In Nauru, the Freedom of Information Act 2004 was laid before the parliament in that year, but was not passed. Further work on the legislation is currently being held back, pending a review of the country’s Constitution.
• In Nigeria, the Freedom of Information Bill was before Parliament in June 2005, and was then considered likely to pass.
• In Sri Lanka, the 2004 draft Freedom of Information Act has been endorsed by both major parties, but had not been passed as of January 2005.
• In Uganda, there is currently no freedom of information legislation. The 1995 Constitution gives an explicit right of access to information, but requires Parliament to enact laws governing this right. These laws have not yet been passed, though a bill was put before parliament in 2004.

(Unless stated otherwise, information is current as of mid-2005)

See also

• Conflict of interest
• Transparency (humanities) (Metaphor name, also related to politics)
• International Freedom of Expression Exchange
• ARTICLE 19
• Secrecy

 

Freedom of Information legislation worldwide

France | India | United Kingdom (nationally, in Scotland) | United States

Other nations

References

• Alasdair Roberts, [Blacked Out: Government Secrecy in the Information Age] (New York: Cambridge University Press, 2006).

External links

• [International survey of FOI laws, mid-2004]
• [Map of the world with FOI, mid-2004]
• [The Public Notice Resource Center- A non profit group that protects open meetings laws]
• [PNRC Of Record Breaking News Blog]
• [International survey of FOI laws, mid-2005]
• [Freedominfo]
• [FOIA Reports from Inner City Press]
• [Freedom of Information Advocates Network]
• [Open Government: a Journal on Freedom of Information.] An open access e-journal, containing peer reviewed research and commentary on FOI worldwide and in the UK.
• [Privacy International]
• [Freedom of Information Training Manual for Public Officials]
• [Model Freedom of Information Law]
• [The National Security Archive] - a collection of declassified documents acquired through the FOIA
• [Turkish Right to Know Act - Civil Portal]

 

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