Freedom of information legislation
Encyclopedia
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records or (especially in the United States
) sunshine laws, governments are also typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees
for the right of access to information, but usually these are unused if specific support legislation does not exist.
Most freedom of information laws exclude the private sector from their jurisdiction. Information held by the private sector cannot be accessed as a legal right. This limitation entails serious implications because the private sector is performing many functions which were previously the domain of the public sector. As a result, information that was previously public is now within the private sector, and the private contractors cannot be forced to disclose information.
Other countries are working towards introducing such law
s, and many regions of countries with national legislation have local laws. For example, all states
of the United States have laws governing access to public documents of state and local taxing entities, in addition to that country's Freedom of Information Act which governs records management
of documents in the possession of the federal government.
A related concept is open meetings legislation, which allows 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 person making the request does not usually have to give an explanation for their actions, but if the information is not disclosed a valid reason has to be given.
, the constitution of 1998 guarantees the right of access to information; the legislation supporting this is the Ligji nr. 8503, date 30.6.1999, Per të drejten e informimit per dokumentat 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.
, 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:
, a Law on Access to Information was approved in 2005. It has gone into effect. Previously in 1998 there was accepted Law on Freedom on Information, but the Law of 2005 provided more detailed and secured regulation for access to official information.
issued in the Bangladesh Gazette the Right to Information Ordinance (No. 50 of 2008), based loosely on the Indian Right to Information Act
, 2005. The Ordinance was passed by the current government of Bangladesh in the first session of this parliament on March 29, 2009.
, the Freedom of Information Act was passed in 1998 was amended in 2000 and is currently in force, though a governmental commission noted that "not much use has been made of the Act".
The FOIA Act changed on the BiH state level two times. The first alteration was passed in 2006, enabling stronger legal protection within the framework of administrative law of BiH. The second alteration was passed in December 2009, which enforced legal penalties for prescribed violation's.
, the Article 5, XXXIII, of the Constitution sets that "everyone shall have the right to receive information of his own interest or of public interest from public entities, which shall be given within the time prescribed by law". Also, article 22 of the Federal law nº 8.159/1991 grants the right to "full access to public documents".
A statute passed in 2011 and that will enter into force in 2012 (Federal Law 12.572/2011, promulgated on 28 November 2011) regulates the manner and the timetable for the information to be given by the State.
, the Access to Public Information Act was passed in 2000, following a 1996 recommendation from the Constitutional Court to implement such a law.
, the Access to Information Act
allows citizens to demand records from federal bodies. The act came into force in 1983, under the Pierre Trudeau
government, permitting Canadians to retrieve information from government files, establishing what information could be accessed, mandating timelines for response. This is enforced by the Information Commissioner of Canada
.
There is also a complementary Privacy Act
that was 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
.
Canadian access to information laws distinguish between access to records generally and access to records that contain personal information about the person making the request. Subject to exceptions, individuals have a right of access to records that contain their own personal information under the Privacy Act
but the general public does not have a right of access to records that contain personal information about others under the Access to Information Act
.
Each province and territory in Canada has its own access to information legislation. in many cases, this is also the provincial public sector privacy legislation. For example:
From 1989 to 2008, requests made to the federal government were catalogued in the Coordination of Access to Information Requests System
.
A 393 page report released in September 2008, sponsored by several Canadian newspaper groups, compares Canada’s Access to Information Act to the FOI laws of the provinces and of 68 other nations:Fallen Behind: Canada’s Access to Information Act in the World Context.
In 2009, The Walrus (magazine) published a detailed history of FOI in Canada.
, article 8 of the Constitution
provides for the freedom of information. A law titled Law on Access to Public Information (Ley de Acceso a la Información Pública) took effect on April 20, 2009. (See Law 20,285, in Spanish.)
People's Republic of China
promulgated the "Regulations of the People's Republic of China on Open Government Information" (中华人民共和国政府信息公开条例), which came into effect on May 1, 2008.
n constitution grants the right of access to public information through Law 57 of 1985 which thereby mandates the publishing of acts and official documents. This is implemented and applies to documents that belong to official facilities (offices or the like). Additionally there is the anti corruption statement of Law 190 of 1955 also known as anticorruption act which in its 51st article mandates public offices to list in visible area all the contracts and purchases made by month. The latter taking place slowly.
. The law is based heavily on the New Zealand legislation
.
, the Zakon o pravu na pristup informacijama (Act on the Right of Access to Information) of 2003 extends to all public authorities.
, 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.
, 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.
, the Transparency and Access to Information Law of 2004 declares that the right of access to information is guaranteed by the state.
, the Public Information Act 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.).
grants the public rights regarding access to information, public participation and access to justice in governmental decision-making processes. It focuses on interactions between the public and public authorities.
was one of subjects in Guerra v. Italy case before the European Court of Human Rights in 1998. The majority considered Article 10 was not applicable to the complaint. However, the court found that in the specific case, which included living near a high-risk factory, not providing information was in violation of Article 8 (respect to private and family life). Besides, two judges expressed a dissent on applicability of Article 10, and further six judges reserved a possibility, that in other circumstances, right to access to information could be protected by Article 10.
The Parliamentary Assembly of the Council of Europe has considered in 1996, that "public access to clear and full information on this subject [Chernobyl disaster] - and many others for that matter - must be viewed as a basic human right". In 2009, CoE Convention on Access to Official Documents was opened for signature.
In addition, Directive 2003/98/EC of the European Parliament and the Council of 17 November 2003 on the re-use of public sector information sets out the rules and practices for accessing public sector information resources for further exploitation.
Since 2008, the European Commission
operates the Register of Interest representatives, a voluntary register of lobbyists at the European union.
, the Laki yleisten asiakirjain julkisuudesta 9.2.1951/83 (Act on the Openness of Public 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 1990s. 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.
, 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.
, the General Administrative Code contains a Law on Freedom of Information.
, the federal government passed a freedom of information law on September 5, 2005. The law grants each person an unconditional right to access official federal information. No legal, commercial, or any other kind of justification is necessary.
Nine of the sixteen Bundesländer
— Berlin
, Brandenburg
, Nordrhein-Westfalen, Schleswig-Holstein
, Hamburg
, Bremen
, Mecklenburg-Vorpommern, Saarland
and Thüringen
— have approved individual "Informationsfreiheitsgesetze" (Freedom of Information laws).
, article 16 (Right to Access Administrative Documents — Δικαίωμα γνώσης διοικητικών εγγράφων) of Law 1599/1986 (State-citizenry Relationship — Σχέσεις Κράτους-πολίτη) introduced the right of all citizens to read most administrative documents. This right is now codified as article 5 (Access to documents — Πρόσβαση σε έγγραφα) of the Administrative Procedural Code (Κώδικας Διοικητικής Διαδικασίας), Law 2690/1999. Under this article, citizens have a right to know the content of administrative documents. Administrative documents are defined as those produced by public sector entities, such as reports, studies, minutes, statistical data, circulars, instructions, responses, consultatory responses, and decisions. In addition, citizens with a legitimate interest may also access private documents stored by public services. The right cannot be exercised if the document concerns the private or family lives of others, or if the document's confidentiality is safeguarded by specific legal provisions. Furthermore, the public body can refuse access if the document refers to discussions in the Cabinet, or if accessing the document can seriously hamper criminal or administrative violation investigations carried out by judicial, police, or military authorities.
Citizens may study the documents at the place where they are archived, or they may obtain a copy at their own cost. Access to one's own medical data is provided with the help of a doctor. Access to documents should take into account whether they be covered by copyright, patent, or trade secret regulations.
In addition, Law 3448/2006, on the reuse of public sector information, harmonizes the national laws with the requirements on the European Union Directive 2003/98/EC.
there are no laws specifically enacted to guarantee the freedom of information.
Since March 1995, the Government of Hong Kong
has promulgated a "Code on Access to Information" to serve a similar purpose. This code, like other internal regulations of the Government, was not legislated by the Legislative Council
and has a minimal legal status. It requires government agencies listed in its appendix to appoint Access to Information Officers to answer citizens' requests for governmental records. A fee maybe charged prior to the release of information. The code does not require the government to archive information.
, 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 or to the court.
In 2005 the Parliament adopted the Act on the Freedom of Information by Electronic Means (Act XC of 2005). The Act has three basic parts: 1. electronic disclousure of certain data by public sector bodies, 2. publicity of legislation and 3. openness of Court decisions.
the Information Act (Upplysingalög) Act no. 50/1996 gives access to public information.
n Right to Information Act
(RTI Act) was passed by the Indian Parliament
on 15 June 2005. It came into effect on 12 October 2005. Supreme Court of India had, in several Judgments prior to enactment of the RTI Act, interpreted Indian Constitution to read Right to Information as the Fundamental Right as embodied in Right to Freedom of Speech and Expression and also in Right to Life. RTI Act laid down a procedure to guarantee this right. 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 or liberty of a person. The law was inspired by previous legislation from select states (among them Tamil Nadu
(1997), Goa
(1997), Rajasthan
(2000), Karnataka
(2000), Delhi
(2001), Maharashtra
(2002) 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 System
s (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 RTI India has certain weaknesses that hamper implementation. There have been questions on the lack of 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. There is also a criticism of the manner in which the Information Commissioners are appointed to head the information commission. It is alleged by RTI Activists that bureaucrats working in close proximity with the government are appointed in the RTI Commissions in a non-transparent manner. The PIO, being an officer of the relevant Government institution, may have a vested interest in not 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 Maharashtra Right to Information act. The law does not allow disclosure of information that affects national security, defence, and other matters that are deemed of national interest.
the Freedom of Information Act 1997 came into effect in April, 1998. The 1997 Act was subsequently amended by the Freedom of Information (Amendment) Act 2003. 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. It is widely regarded as a more liberal Act than the UK. 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. 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.
The Freedom of Information (Amendment) Act 2003 brought in fees for making requests for information and requests for review of decisions taken by Government bodies. As a result, one can incur a fee of up to €240 before even being granted access to information.
, 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.
The Israeli Freedom of Information Law has actually achieved the opposite intended result. Government agencies now take the position that a citizen may only request information via FOIL, i.e. an official letter designated as such and including the 95 shekel fee. Thus an Israeli citizen in many cases cannot simply write a letter asking a question, and can be asked to file a FOIL application with a fee and wait the minimum statutory 30 days for a reply, which the agency can extend to 60 days. In many cases FOIL letters are simply ignored, or some laconic response is sent stating the request is either unclear, unspecific, too vague or some other legalese, anything in order to keep the information away from the public. When the 60 days are up, the anticipated result usually yield nothing significant, and the applicant must petition the District Court to compel disclosure, a procedure that requires attorneys to draft pleadings and a payment a (approx.) $420 court fee. A judgement in such FOIL appeals in Israel can take years, and again the agency can easily avoid disclosure by simply not complying. There are no real sanctions for non-compliance. While there are rare successes in Courts compelling Israeli government agencies to disclose information, they are usually in non-controversial areas such as harmless civil matters. The law provides for the expected "security" exemption and an applicant applying for such information can expect not to benefit from FOIL (and also have his or her court appeal rejected). Applicants can be helped by The Movement for Freedom of Information.
, the "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 the 1980s.
The Law on Freedom of Information was signed into law by the State President in November 1998 and has been amended a number of times recently. Any person can ask for information in "any technically feasible form" without having to show a reason. The request can be oral or written. Bodies must respond in 15 days.
became only the fourth country in Africa
, and the first in West Africa
, to pass such legislation. The law allows both the media and individual citizens to demand information from any public authority or any private authority that carries out government functions.
The Law on Free Access to Information of Public Character was adopted on 25 January 2006. It is scheduled to go into force in September 2006.The law allows any natural or legal person to obtain information from state and municipal bodies and natural and legal persons who are performing public functions. The requests can be oral, written or electronic. Requests must be responded to in 10 days.
passed the Freedom of Information Enactment (Selangor) 2010 on 1 April 2011, allowing the Malaysian public an access to the state documents including that of local councils, city halls and state government-linked companies.. Subsequently, the state of Penang
passed the Freedom of Information bill on 4 November 2011, allowing the public to access to state documents.. Both states are under the ruling of the federal opposition Pakatan Rakyat
.
The Federal Law of Transparency and Access to Public Government Information was unanimously approved by Parliament in April 2002 and signed by President Fox in June 2002. It went into effect in June 2003.
"In the exercise of their duties government bodies shall observe the principle of transparency in accordance with rules to be prescribed by Act of Parliament."
Freedom of information legislation was first adopted in 1978. The Government Information (Public Access) Act (WOB) replaced the original law in 1991. Under the Act, any person can demand information related to an administrative matter if it is contained in documents held by public authorities or companies carrying out work for a public authority. The request can either be written or oral. The authority has two weeks to respond.
. This implemented a general policy of openness regarding official documents and replaced the Official Secrets Act.
has signed into law the Freedom of Information (FoI) Bill, awaited for 12 years by media proprietors and practitioners alike, during which the Villa got knocks for filibustering and lawmakers complained of bombardment by campaigners.
The House of Representatives passed the Bill on February 24, 2011 and the Senate dialled up integrity on March 16 as it delivered on promise to pass it.
The harmonised version was passed by both Chambers on May 26, 2011.It was conveyed to Jonathan on May 27, and he signed it on May 28, 2011, according to a statement Aso Rock issued on Tuesday.
Two states in Nigeria (namely Ekiti and Lagos State) have adopted the Freedom of Information Act at State level but they have extended the response date at State level from 7 days to 14 days. FOI expert and author of Nigeria Freedom of Information Act: A Practical Guide For Nigerians, Temitope Olodo, on BEN TV Channel 184http://www.bentelevision.com/ told viewers that "the passing of the law was a victory for Nigerians all over the world"www.temitopeolodo.co.uk
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.
, a law protects habeas data, meaning that any citizen can request a copy of publicly or privately held information relating to him, and request that any inaccurate data found be destroyed . This has been primarily used by former dissidents after the fall of the lengthy dictatorship (1954–1989) of Alfredo Stroessner
. In 2005, efforts have been made to add transparency to purchases made by the Government, with a system that publishes bids on the Web, as well as the resulting purchases.
The Law on Access to Public Information was approved in September 2001 and went into effect in January 2002. The Act allows anyone to demand access to public information, public data and public assets held by public bodies, private bodies that exercise public tasks, trade unions and political parties. The requests can be oral or written. The bodies must respond within 14 days.
The Law of the Republic of Moldova on Access to Information was approved by Parliament in May 2000 and went into force in August 2000. Under the law, citizens and residents of Moldova can demand information from state institutions, organizations financed by the public budget and individuals and legal entities that provide public services and hold official information.
administration (a sunshine law).
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. See Promotion of access to information act
for more information, but now in 2011 the ANC has gone to the constitutional court hoping to get this right taken away.
The Act on Disclosure of Information by Public Agencies was enacted in 1996 and went into effect in January 1998. It allows citizens to demand information held by public agencies.
, the Freedom of the Press Act of 1766 granted public access to government documents. It thus became an integral 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 the Principle of Public Access (offentlighetsprincipen), and has been valid since.
The Principle of Public Access means that the general public are to be guaranteed an unimpeded view of activities pursued by the government and local authorities; all documents handled by the authorities are public unless legislation explicitly and specifically states otherwise, and even then each request for potentially sensitive information must be handled individually, and a refusal is subject to appeal. Further, the constitution grants the Right to Inform, meaning that even some (most) types of secret information may be passed on to the press or other media without risk of criminal charges. Instead, investigation of the informer's identity is a criminal offense.
However it has been mentioned in the media that non-illegal harassment of a public employee who has informed media is not forbidden. For example, one of the most debated events was from 1977 when a ship ran aground, the shipping authority blamed the pilot
, but a map engineer in the shipping authority informed the media that it was the shipping authority's fault. In retribution, the shipping authority changed his work location assignment to a lighthouse.
of the ROC
government in Taiwan, has been in force since 28 December 2005.
, the relevant legislation is the Freedom of Information Act, 1999.
, the Turkish Law on the Right to Information (Bilgi Edinme Hakkı Kanunu) was signed on October 24, 2003 and it came into effect 6 months later on April 24, 2004.
, the Access to Information Act was approved in 2005 and went into effect in 2006.
does not include a specific general right of access to information but contains a general right of freedom of collect and disseminate information and rights of access to personal and environmental information.
The 1992 Law on Information is a general information policy framework law that includes a citizen's a right to access information. The law allows citizens and legal entities to request access to official documents. The request can be oral or written. The government body must respond in 10 calendar days and provide the information within a month unless provided by law.
Law on Access to Public Information was adopted 13 January 2011. It widens the range of subjects, obliged to provide information, gives legislative definition of public information and makes public information accessible with statutory restrictions.
(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). Environmental information is covered by further legislation Environmental Information Regulations 2004. Tony Blair
, the UK Prime Minister who introduced the Freedom of Information Act, later expressed regret over the Act, claiming that the Act impeded the ability of officials to deliberate "with a reasonable level of confidentiality".
was signed into law by President Lyndon B. Johnson
on July 4, 1966 and went into effect the following year. Ralph Nader
has been credited with the impetus for creating this act, among others. 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. Some state and local government agencies attempt to get around state open records laws by claiming copyright for their works and then demanding high fees to license the public information. The ruling in Santa Clara v. CFAC
will likely curtail the abuse of copyright to avoid public disclosure in California, but agencies in other states like Texas and New York continue to hide behind copyright. Some states expand government transparency through open meeting laws, which require government meetings to be announced in advance and held publicly.
, the Access to Information and Privacy Act (AIPPA) was signed by their President Robert Mugabe
in February 2002.
(Unless stated otherwise, information is current as of July 2008).
Europe:
India:
Philippines
:
Turkey:
United States:
Nepal
Open Meetings:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
) sunshine laws, governments are also typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
for the right of access to information, but usually these are unused if specific support legislation does not exist.
Introduction
Over 85 countries around the world have implemented some form of such legislation. Sweden's Freedom of the Press Act of 1766 is the oldest in the world.Most freedom of information laws exclude the private sector from their jurisdiction. Information held by the private sector cannot be accessed as a legal right. This limitation entails serious implications because the private sector is performing many functions which were previously the domain of the public sector. As a result, information that was previously public is now within the private sector, and the private contractors cannot be forced to disclose information.
Other countries are working towards introducing such law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s, and many regions of countries with national legislation have local laws. For example, all states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of the United States have laws governing access to public documents of state and local taxing entities, in addition to that country's Freedom of Information Act which governs records management
Records management
Records management, or RM, is the practice of maintaining the records of an organization from the time they are created up to their eventual disposal...
of documents in the possession of the federal government.
A related concept is open meetings legislation, which allows access to government meetings, not just to the records of them. In many countries, privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
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 person making the request does not usually have to give an explanation for their actions, but if the information is not disclosed a valid reason has to be given.
Albania
In AlbaniaAlbania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, the constitution of 1998 guarantees the right of access to information; the legislation supporting this is the Ligji nr. 8503, date 30.6.1999, Per të drejten e informimit per dokumentat 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.
Armenia
The Law on Freedom of Information was unanimously approved by the Parliament on 23 September 2003 and went into force in November 2003.Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the Freedom of Information Act 1982
Freedom of Information Act 1982
The Freedom of Information Act 1982 is Australian Commonwealth Freedom of Information legislation which gives members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies.-Outline of the Act:...
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:
- Australian Capital Territory, the Freedom of Information Act 1989
- New South Wales, the Government Information (Public Access) Act 2009
- Northern Territory, the Information Act 2003
- Queensland, the Right to Information Act 2009
- South Australia, the Freedom of Information Act 1991
- Tasmania, the Right to Information Act 2009
- Victoria, the Freedom of Information Act 1982
- Western Australia, the Freedom of Information Act 1992
Azerbaijan
In AzerbaijanAzerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
, a Law on Access to Information was approved in 2005. It has gone into effect. Previously in 1998 there was accepted Law on Freedom on Information, but the Law of 2005 provided more detailed and secured regulation for access to official information.
Bangladesh
On October 21, 2008, the Caretaker Government of BangladeshCaretaker government of Bangladesh
The Caretaker Government of Bangladesh is a form of government system in which the country is ruled by a selected government for an interim period during transition from one government to another, after the completion tenure of the former. As the outgoing government hands over their power, the...
issued in the Bangladesh Gazette the Right to Information Ordinance (No. 50 of 2008), based loosely on the Indian Right to Information Act
Right to Information Act
The Right to Information Act 2005 is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act...
, 2005. The Ordinance was passed by the current government of Bangladesh in the first session of this parliament on March 29, 2009.
Belgium
Article 32 of the Constitution was amended in 1993 to include a right of access to documents held by the government.Belize
In BelizeBelize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, the Freedom of Information Act was passed in 1998 was amended in 2000 and is currently in force, though a governmental commission noted that "not much use has been made of the Act".
Bosnia and Herzegovina
Bosnia and Herzegovina (short: BiH), was the first country in the Balkan region to adopt the Freedom of Informationan Act.Freedom of Access to Information Act or FOIA - was adopted by the Parliament Assembly of Bosnia and Herzegovina on 17 November 2000. 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.The FOIA Act changed on the BiH state level two times. The first alteration was passed in 2006, enabling stronger legal protection within the framework of administrative law of BiH. The second alteration was passed in December 2009, which enforced legal penalties for prescribed violation's.
Brazil
In BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, the Article 5, XXXIII, of the Constitution sets that "everyone shall have the right to receive information of his own interest or of public interest from public entities, which shall be given within the time prescribed by law". Also, article 22 of the Federal law nº 8.159/1991 grants the right to "full access to public documents".
A statute passed in 2011 and that will enter into force in 2012 (Federal Law 12.572/2011, promulgated on 28 November 2011) regulates the manner and the timetable for the information to be given by the State.
Bulgaria
In BulgariaBulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, 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 CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Access to Information Act
Access to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
allows citizens to demand records from federal bodies. The act came into force in 1983, under the Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
government, permitting Canadians to retrieve information from government files, establishing what information could be accessed, mandating timelines for response. This is enforced by the Information Commissioner of Canada
Information Commissioner of Canada
The Information Commissioner of Canada is an independent ombudsman appointed by the Parliament of Canada who investigates complaints from people who believe they have been denied rights provided under Canada's Access to Information Act....
.
There is also a complementary Privacy Act
Privacy Act
Privacy Act may refer to:*Privacy Act of 1974 of the United States*Privacy Act *Privacy Act 1988 Australia*Privacy Act 1993 Amended: 1993/94/96/97/98/2000/02/03/05/06/07, An Act of the New Zealand Parliament...
that was introduced in 1983. The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
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
Crown copyright
Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. It provides special copyright rules for the Crown .- Australia :...
. Complaints for possible violations of the Act may be reported to the Privacy Commissioner of Canada
Privacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
.
Canadian access to information laws distinguish between access to records generally and access to records that contain personal information about the person making the request. Subject to exceptions, individuals have a right of access to records that contain their own personal information under the Privacy Act
Privacy Act
Privacy Act may refer to:*Privacy Act of 1974 of the United States*Privacy Act *Privacy Act 1988 Australia*Privacy Act 1993 Amended: 1993/94/96/97/98/2000/02/03/05/06/07, An Act of the New Zealand Parliament...
but the general public does not have a right of access to records that contain personal information about others under the Access to Information Act
Access to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
.
Each province and territory in Canada has its own access to information legislation. in many cases, this is also the provincial public sector privacy legislation. For example:
- Freedom of Information and Protection of Privacy Act (AlbertaAlbertaAlberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
) - Freedom of Information and Protection of Privacy Act (ManitobaManitobaManitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
) - Freedom of Information and Protection of Privacy Act (Nova Scotia)Freedom of Information and Protection of Privacy Act (Nova Scotia)The Freedom of Information and Protection of Privacy Act, commonly known as FOIPOP, is the public sector privacy law and access to information law for the Province of Nova Scotia....
- Freedom of Information and Protection of Privacy Act (OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
) - Freedom of Information and Protection of Privacy Act (SaskatchewanSaskatchewanSaskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
) - Act respecting access to documents held by public bodies and the protection of personal information (QuebecQuebecQuebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
)
From 1989 to 2008, requests made to the federal government were catalogued in the Coordination of Access to Information Requests System
Coordination of Access to Information Requests System
The Coordination of Access to Information Requests System, also known as CAIRS, was a database of freedom of information requests made to the federal government of Canada under the Access to Information Act. It was operated by the Department of Public Works and Government Services...
.
A 393 page report released in September 2008, sponsored by several Canadian newspaper groups, compares Canada’s Access to Information Act to the FOI laws of the provinces and of 68 other nations:Fallen Behind: Canada’s Access to Information Act in the World Context.
In 2009, The Walrus (magazine) published a detailed history of FOI in Canada.
Cayman
The Freedom of Information Law was passed in 2007 and was brought into force in January 2009.Chile
In ChileChile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, article 8 of the Constitution
Constitution of Chile
In its temporary dispositions, the document ordered the transition from the former military government, with Augusto Pinochet as President of the Republic, and the Legislative Power of the Military Junta , to a civil one, with a time frame of eight...
provides for the freedom of information. A law titled Law on Access to Public Information (Ley de Acceso a la Información Pública) took effect on April 20, 2009. (See Law 20,285, in Spanish.)
People's Republic of China
In April 2007, the State Council of theState Council of the People's Republic of China
The State Council of the People's Republic of China , which is largely synonymous with the Central People's Government after 1954, is the chief administrative authority of the People's Republic of China. It is chaired by the Premier and includes the heads of each governmental department and agency...
People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
promulgated the "Regulations of the People's Republic of China on Open Government Information" (中华人民共和国政府信息公开条例), which came into effect on May 1, 2008.
Colombia
The ColombiaColombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
n constitution grants the right of access to public information through Law 57 of 1985 which thereby mandates the publishing of acts and official documents. This is implemented and applies to documents that belong to official facilities (offices or the like). Additionally there is the anti corruption statement of Law 190 of 1955 also known as anticorruption act which in its 51st article mandates public offices to list in visible area all the contracts and purchases made by month. The latter taking place slowly.
Cook Islands
Access to official information is governed by the Official Information Act 2008Official Information Act 2008
The Official Information Act 2008 is a Cook Islands law passed to "make official information more freely available, [and] to establish procedures for the achievement of those purposes." The Act also repealed the Official Secrets Act 1951, which the Cook Islands had inherited from New Zealand.The...
. The law is based heavily on the New Zealand legislation
Official Information Act 1982
The Official Information Act 1982 is a New Zealand law passed by the 3rd National government in 1982 to "make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent...
.
Croatia
In CroatiaCroatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
, 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 RepublicCzech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, 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.
Denmark
In DenmarkDenmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. 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.
Dominican Republic
Hipólito Mejía approved Ley No.200-04 - Ley General de Libre Acceso a la Información Pública (Law number 200-04 - Law on Access to Information) on 28 July 2004, which allows public access to information from the government and private organizations that receive public money to conduct state business. Rough drafts and projects that are not part of an administrative procedure are not included.Ecuador
In EcuadorEcuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, the Transparency and Access to Information Law of 2004 declares that the right of access to information is guaranteed by the state.
Estonia
In EstoniaEstonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
, the Public Information Act 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.).
Europe
In matters concerning the local, national and transboundary environment, the Aarhus conventionAarhus Convention
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on June 25, 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001...
grants the public rights regarding access to information, public participation and access to justice in governmental decision-making processes. It focuses on interactions between the public and public authorities.
Council of Europe
The recognition of the right to access to public information under Article 10 (including "freedom (..) to receive (..) information") of the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
was one of subjects in Guerra v. Italy case before the European Court of Human Rights in 1998. The majority considered Article 10 was not applicable to the complaint. However, the court found that in the specific case, which included living near a high-risk factory, not providing information was in violation of Article 8 (respect to private and family life). Besides, two judges expressed a dissent on applicability of Article 10, and further six judges reserved a possibility, that in other circumstances, right to access to information could be protected by Article 10.
The Parliamentary Assembly of the Council of Europe has considered in 1996, that "public access to clear and full information on this subject [Chernobyl disaster] - and many others for that matter - must be viewed as a basic human right". In 2009, CoE Convention on Access to Official Documents was opened for signature.
European Union
Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 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 classified, 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 and/or an appeal can be brought before the European General Court.In addition, Directive 2003/98/EC of the European Parliament and the Council of 17 November 2003 on the re-use of public sector information sets out the rules and practices for accessing public sector information resources for further exploitation.
Since 2008, the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
operates the Register of Interest representatives, a voluntary register of lobbyists at the European union.
Finland
In FinlandFinland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, the Laki yleisten asiakirjain julkisuudesta 9.2.1951/83 (Act on the Openness of Public 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 1990s. 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.
France
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the accountability of public servants is a constitutional right, according to the Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
.
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 GeorgiaGeorgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
, the General Administrative Code contains a Law on Freedom of Information.
Germany
In GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the federal government passed a freedom of information law on September 5, 2005. The law grants each person an unconditional right to access official federal information. No legal, commercial, or any other kind of justification is necessary.
Nine of the sixteen Bundesländer
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
— Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
, Brandenburg
Brandenburg
Brandenburg is one of the sixteen federal-states of Germany. It lies in the east of the country and is one of the new federal states that were re-created in 1990 upon the reunification of the former West Germany and East Germany. The capital is Potsdam...
, Nordrhein-Westfalen, Schleswig-Holstein
Schleswig-Holstein
Schleswig-Holstein is the northernmost of the sixteen states of Germany, comprising most of the historical duchy of Holstein and the southern part of the former Duchy of Schleswig...
, Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
, Bremen
Bremen
The City Municipality of Bremen is a Hanseatic city in northwestern Germany. A commercial and industrial city with a major port on the river Weser, Bremen is part of the Bremen-Oldenburg metropolitan area . Bremen is the second most populous city in North Germany and tenth in Germany.Bremen is...
, Mecklenburg-Vorpommern, Saarland
Saarland
Saarland is one of the sixteen states of Germany. The capital is Saarbrücken. It has an area of 2570 km² and 1,045,000 inhabitants. In both area and population, it is the smallest state in Germany other than the city-states...
and Thüringen
Thuringia
The Free State of Thuringia is a state of Germany, located in the central part of the country.It has an area of and 2.29 million inhabitants, making it the sixth smallest by area and the fifth smallest by population of Germany's sixteen states....
— have approved individual "Informationsfreiheitsgesetze" (Freedom of Information laws).
Greece
In GreeceGreece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, article 16 (Right to Access Administrative Documents — Δικαίωμα γνώσης διοικητικών εγγράφων) of Law 1599/1986 (State-citizenry Relationship — Σχέσεις Κράτους-πολίτη) introduced the right of all citizens to read most administrative documents. This right is now codified as article 5 (Access to documents — Πρόσβαση σε έγγραφα) of the Administrative Procedural Code (Κώδικας Διοικητικής Διαδικασίας), Law 2690/1999. Under this article, citizens have a right to know the content of administrative documents. Administrative documents are defined as those produced by public sector entities, such as reports, studies, minutes, statistical data, circulars, instructions, responses, consultatory responses, and decisions. In addition, citizens with a legitimate interest may also access private documents stored by public services. The right cannot be exercised if the document concerns the private or family lives of others, or if the document's confidentiality is safeguarded by specific legal provisions. Furthermore, the public body can refuse access if the document refers to discussions in the Cabinet, or if accessing the document can seriously hamper criminal or administrative violation investigations carried out by judicial, police, or military authorities.
Citizens may study the documents at the place where they are archived, or they may obtain a copy at their own cost. Access to one's own medical data is provided with the help of a doctor. Access to documents should take into account whether they be covered by copyright, patent, or trade secret regulations.
In addition, Law 3448/2006, on the reuse of public sector information, harmonizes the national laws with the requirements on the European Union Directive 2003/98/EC.
Hong Kong
In Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
there are no laws specifically enacted to guarantee the freedom of information.
Since March 1995, the Government of Hong Kong
Government of Hong Kong
The Government of the Hong Kong Special Administrative Region of the People's Republic of China, commonly the Hong Kong Government, is led by the Chief Executive as Head of the Government, who is also the head of the Hong Kong SAR...
has promulgated a "Code on Access to Information" to serve a similar purpose. This code, like other internal regulations of the Government, was not legislated by the Legislative Council
Legislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...
and has a minimal legal status. It requires government agencies listed in its appendix to appoint Access to Information Officers to answer citizens' requests for governmental records. A fee maybe charged prior to the release of information. The code does not require the government to archive information.
Hungary
In HungaryHungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, 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 or to the court.
In 2005 the Parliament adopted the Act on the Freedom of Information by Electronic Means (Act XC of 2005). The Act has three basic parts: 1. electronic disclousure of certain data by public sector bodies, 2. publicity of legislation and 3. openness of Court decisions.
Iceland
In IcelandIceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
the Information Act (Upplysingalög) Act no. 50/1996 gives access to public information.
India
The IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n Right to Information Act
Right to Information Act
The Right to Information Act 2005 is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act...
(RTI Act) was passed by the Indian Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
on 15 June 2005. It came into effect on 12 October 2005. Supreme Court of India had, in several Judgments prior to enactment of the RTI Act, interpreted Indian Constitution to read Right to Information as the Fundamental Right as embodied in Right to Freedom of Speech and Expression and also in Right to Life. RTI Act laid down a procedure to guarantee this right. 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 or liberty of a person. The law was inspired by previous legislation from select states (among them Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
(1997), Goa
Goa
Goa , a former Portuguese colony, is India's smallest state by area and the fourth smallest by population. Located in South West India in the region known as the Konkan, it is bounded by the state of Maharashtra to the north, and by Karnataka to the east and south, while the Arabian Sea forms its...
(1997), Rajasthan
Rajasthan
Rājasthān the land of Rajasthanis, , is the largest state of the Republic of India by area. It is located in the northwest of India. It encompasses most of the area of the large, inhospitable Great Indian Desert , which has an edge paralleling the Sutlej-Indus river valley along its border with...
(2000), Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
(2000), Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
(2001), Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
(2002) 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 System
Public Distribution System
Public Distribution System is an Indian food security system. Established by the Government of India under Ministry of Consumer Affairs, Food, and Public Distribution and managed jointly with state governments in India, it distributes subsidised food and non-food items to India's poor...
s (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 RTI India has certain weaknesses that hamper implementation. There have been questions on the lack of 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. There is also a criticism of the manner in which the Information Commissioners are appointed to head the information commission. It is alleged by RTI Activists that bureaucrats working in close proximity with the government are appointed in the RTI Commissions in a non-transparent manner. The PIO, being an officer of the relevant Government institution, may have a vested interest in not 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 Maharashtra Right to Information act. The law does not allow disclosure of information that affects national security, defence, and other matters that are deemed of national interest.
Republic of Ireland
In the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
the Freedom of Information Act 1997 came into effect in April, 1998. The 1997 Act was subsequently amended by the Freedom of Information (Amendment) Act 2003. The Act has led to a sea-change in the relationship between the citizen, journalists, government departments
Department of State (Ireland)
A Department of State of Ireland, is a department or ministry of the Government of Ireland. The head of such a department is a Minister of the Government , often called a 'cabinet minister' or 'government minister' which should not be confused with Minister of State which is a junior non-cabinet...
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. It is widely regarded as a more liberal Act than the UK. Decisions of public bodies in relation to requests for information may be reviewed by the Information Commissioner
Information Commissioner
The role of Information Commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense.-Canada:...
.
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
Paper Trail
Paper Trail is the sixth studio album by American hip hop artist T.I., released September 30, 2008 on Grand Hustle Records and Atlantic Records. He began to write songs for the album as he awaited trial for federal weapons and possession charges...
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. While this information would not often be released, and sometimes only under the thirty year rule
Thirty year rule
The "thirty year rule" is the popular name given to a law in the United Kingdom, the Republic of Ireland, and Australia that provides that the yearly cabinet papers of a government will be released publicly thirty years after they were created....
, 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.
The Freedom of Information (Amendment) Act 2003 brought in fees for making requests for information and requests for review of decisions taken by Government bodies. As a result, one can incur a fee of up to €240 before even being granted access to information.
Israel
In IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, 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.
The Israeli Freedom of Information Law has actually achieved the opposite intended result. Government agencies now take the position that a citizen may only request information via FOIL, i.e. an official letter designated as such and including the 95 shekel fee. Thus an Israeli citizen in many cases cannot simply write a letter asking a question, and can be asked to file a FOIL application with a fee and wait the minimum statutory 30 days for a reply, which the agency can extend to 60 days. In many cases FOIL letters are simply ignored, or some laconic response is sent stating the request is either unclear, unspecific, too vague or some other legalese, anything in order to keep the information away from the public. When the 60 days are up, the anticipated result usually yield nothing significant, and the applicant must petition the District Court to compel disclosure, a procedure that requires attorneys to draft pleadings and a payment a (approx.) $420 court fee. A judgement in such FOIL appeals in Israel can take years, and again the agency can easily avoid disclosure by simply not complying. There are no real sanctions for non-compliance. While there are rare successes in Courts compelling Israeli government agencies to disclose information, they are usually in non-controversial areas such as harmless civil matters. The law provides for the expected "security" exemption and an applicant applying for such information can expect not to benefit from FOIL (and also have his or her court appeal rejected). Applicants can be helped by The Movement for Freedom of Information.
Italy
Chapter V of Law No. 241 of 7 August 1990 provides for access to administrative documents. However, the right to access is limited. The law states that those requesting information must have a legal interest. The 1992 regulations require "a personal concrete interest to safeguard in legally relevant situations." The courts have ruled that this includes the right of environmental groups and local councilors to demand information on behalf of those they represent. It was amended in 2005. The revision appears to adopt the court rulings and relax the interest somewhat to allow access when an individual can show they represent a more general public interest.Japan
In JapanJapan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, the "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 the 1980s.
Latvia
The Constitution of Latvia states: "Article 100. Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views. Censorship is prohibited." The right to access state held information has been repeatedly recognized by the Constitutional Court of Latvia, most notably in its judgment "On Conformity of the Cabinet of Ministers 21 January, 1997 Regulations No.46 "On Government Agreements" with the 20 November, 1998 "Information Accessibility Law"The Law on Freedom of Information was signed into law by the State President in November 1998 and has been amended a number of times recently. Any person can ask for information in "any technically feasible form" without having to show a reason. The request can be oral or written. Bodies must respond in 15 days.
Liberia
President Ellen Johnson Sirleaf signed the Freedom of Information Act of 2010 into law in October 2010. LiberiaLiberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
became only the fourth country in Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
, and the first in West Africa
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
, to pass such legislation. The law allows both the media and individual citizens to demand information from any public authority or any private authority that carries out government functions.
Macedonia
Article 16 of the Constitution of Macedonia guarantees "access to information and the freedom of reception and transmission of information".The Law on Free Access to Information of Public Character was adopted on 25 January 2006. It is scheduled to go into force in September 2006.The law allows any natural or legal person to obtain information from state and municipal bodies and natural and legal persons who are performing public functions. The requests can be oral, written or electronic. Requests must be responded to in 10 days.
Malaysia
The state of SelangorSelangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
passed the Freedom of Information Enactment (Selangor) 2010 on 1 April 2011, allowing the Malaysian public an access to the state documents including that of local councils, city halls and state government-linked companies.. Subsequently, the state of Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
passed the Freedom of Information bill on 4 November 2011, allowing the public to access to state documents.. Both states are under the ruling of the federal opposition Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
.
Mexico
The Constitution was amended in 1977 to include a right of freedom of information. Article 6 says in part, "the right of information shall be guaranteed by the state." The Supreme Court made a number of decisions further enhancing that right.The Federal Law of Transparency and Access to Public Government Information was unanimously approved by Parliament in April 2002 and signed by President Fox in June 2002. It went into effect in June 2003.
Montenegro
A freedom of information law was passed in Montenegro late in 2005, after a process of several years.Netherlands
Article 110 of the Constitution states:"In the exercise of their duties government bodies shall observe the principle of transparency in accordance with rules to be prescribed by Act of Parliament."
Freedom of information legislation was first adopted in 1978. The Government Information (Public Access) Act (WOB) replaced the original law in 1991. Under the Act, any person can demand information related to an administrative matter if it is contained in documents held by public authorities or companies carrying out work for a public authority. The request can either be written or oral. The authority has two weeks to respond.
New Zealand
In New Zealand, the relevant legislation is the Official Information Act 1982Official Information Act 1982
The Official Information Act 1982 is a New Zealand law passed by the 3rd National government in 1982 to "make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent...
. This implemented a general policy of openness regarding official documents and replaced the Official Secrets Act.
Nigeria
President Goodluck JonathanGoodluck Jonathan
Goodluck Ebele Azikiwe Jonathan, GCFR, BNER, GCON is the 14th Head of State and current President of Nigeria.He was Governor of Bayelsa State from 9 December 2005 to 28 May 2007, and was sworn in as Vice President of the Federal Republic of Nigeria on 29 May 2007. Jonathan is a member of the...
has signed into law the Freedom of Information (FoI) Bill, awaited for 12 years by media proprietors and practitioners alike, during which the Villa got knocks for filibustering and lawmakers complained of bombardment by campaigners.
The House of Representatives passed the Bill on February 24, 2011 and the Senate dialled up integrity on March 16 as it delivered on promise to pass it.
The harmonised version was passed by both Chambers on May 26, 2011.It was conveyed to Jonathan on May 27, and he signed it on May 28, 2011, according to a statement Aso Rock issued on Tuesday.
Two states in Nigeria (namely Ekiti and Lagos State) have adopted the Freedom of Information Act at State level but they have extended the response date at State level from 7 days to 14 days. FOI expert and author of Nigeria Freedom of Information Act: A Practical Guide For Nigerians, Temitope Olodo, on BEN TV Channel 184http://www.bentelevision.com/ told viewers that "the passing of the law was a victory for Nigerians all over the world"www.temitopeolodo.co.uk
Norway
The current freedom of information legislation was enacted May 19. 2006, and superseded the previous law of 1970 by January 1, 2009. Article 100 of the Constitution gives access to public documents. The basic principle of the law is everyone has the right to access to State and municipal documents and to be present at sittings of courts and elected assemblies.Pakistan
President Pervez MusharrafPervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
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.
Paraguay
In ParaguayParaguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
, a law protects habeas data, meaning that any citizen can request a copy of publicly or privately held information relating to him, and request that any inaccurate data found be destroyed . This has been primarily used by former dissidents after the fall of the lengthy dictatorship (1954–1989) of Alfredo Stroessner
Alfredo Stroessner
Alfredo Stroessner Matiauda, whose name is also spelled Strössner or Strößner , was a Paraguayan military officer and dictator from 1954 to 1989...
. In 2005, efforts have been made to add transparency to purchases made by the Government, with a system that publishes bids on the Web, as well as the resulting purchases.
Poland
Article 61 of the Constitution provides for the right to information and mandates that Parliament enact a law setting out this right.The Law on Access to Public Information was approved in September 2001 and went into effect in January 2002. The Act allows anyone to demand access to public information, public data and public assets held by public bodies, private bodies that exercise public tasks, trade unions and political parties. The requests can be oral or written. The bodies must respond within 14 days.
Republic of Moldova
Article 34 of the Constitution provides for a right of access to information.The Law of the Republic of Moldova on Access to Information was approved by Parliament in May 2000 and went into force in August 2000. Under the law, citizens and residents of Moldova can demand information from state institutions, organizations financed by the public budget and individuals and legal entities that provide public services and hold official information.
Romania
Since 2001 there is one law on Freedom of Information and one on transparent decision making processes in publicadministration (a sunshine law).
Serbia
In Serbia, the Access to Public Information Act gives access to documents of public authorities.Slovakia
Slovakia passed the Freedom of Information Act in May 2000 (Num. law: 211/2000 Z. z.). Under the law, everybody can demand information from state institutions, organizations, from municipalities, individuals and legal entities financed by the public budget.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.South Africa
South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
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. See Promotion of access to information act
Promotion of Access to Information Act
The Promotion of Access to Information Act 2 of 2000 is legislation of the Republic of South Africa giving effect to the right in that country's Constitution of access to any information held by the State, and any information held by private bodies that is required for the exercise and protection...
for more information, but now in 2011 the ANC has gone to the constitutional court hoping to get this right taken away.
South Korea
The Constitutional Court ruled in 1989 that there is a constitutional right to information "as an aspect of the right of freedom of expression and specific implementing legislation to define the contours of the right was not a prerequisite to its enforcement."The Act on Disclosure of Information by Public Agencies was enacted in 1996 and went into effect in January 1998. It allows citizens to demand information held by public agencies.
Sweden
In SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, the Freedom of the Press Act of 1766 granted public access to government documents. It thus became an integral part of the Swedish Constitution
Constitution of Sweden
The Swedish Constitution consists of four fundamental laws :* The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1974 Instrument of Government * The 1991 Fundamental Law on Freedom of Expression...
, and the first ever piece of freedom of information legislation in the modern sense. In Swedish
Swedish language
Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish...
this is known as the Principle of Public Access (offentlighetsprincipen), and has been valid since.
The Principle of Public Access means that the general public are to be guaranteed an unimpeded view of activities pursued by the government and local authorities; all documents handled by the authorities are public unless legislation explicitly and specifically states otherwise, and even then each request for potentially sensitive information must be handled individually, and a refusal is subject to appeal. Further, the constitution grants the Right to Inform, meaning that even some (most) types of secret information may be passed on to the press or other media without risk of criminal charges. Instead, investigation of the informer's identity is a criminal offense.
However it has been mentioned in the media that non-illegal harassment of a public employee who has informed media is not forbidden. For example, one of the most debated events was from 1977 when a ship ran aground, the shipping authority blamed the pilot
Maritime pilot
A pilot is a mariner who guides ships through dangerous or congested waters, such as harbours or river mouths. With the exception of the Panama Canal, the pilot is only an advisor, as the captain remains in legal, overriding command of the vessel....
, but a map engineer in the shipping authority informed the media that it was the shipping authority's fault. In retribution, the shipping authority changed his work location assignment to a lighthouse.
Republic of China
The "The Freedom of Government Information Law" (政府資訊公開法), enacted by the Legislative YuanLegislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China .The Legislative Yuan is one of the five branches of government stipulated by the Constitution of the Republic of China, which follows Sun Yat-sen's Three Principles of the People...
of the ROC
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
government in Taiwan, has been in force since 28 December 2005.
Trinidad and Tobago
In Trinidad and TobagoTrinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
, the relevant legislation is the Freedom of Information Act, 1999.
Turkey
In TurkeyTurkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, the Turkish Law on the Right to Information (Bilgi Edinme Hakkı Kanunu) was signed on October 24, 2003 and it came into effect 6 months later on April 24, 2004.
Uganda
In UgandaUganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, the Access to Information Act was approved in 2005 and went into effect in 2006.
Ukraine
The 1996 ConstitutionConstitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
does not include a specific general right of access to information but contains a general right of freedom of collect and disseminate information and rights of access to personal and environmental information.
The 1992 Law on Information is a general information policy framework law that includes a citizen's a right to access information. The law allows citizens and legal entities to request access to official documents. The request can be oral or written. The government body must respond in 10 calendar days and provide the information within a month unless provided by law.
Law on Access to Public Information was adopted 13 January 2011. It widens the range of subjects, obliged to provide information, gives legislative definition of public information and makes public information accessible with statutory restrictions.
United Kingdom
The Freedom of Information Act 2000Freedom of Information Act 2000
The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
(2000 c. 36) is the implementation of freedom of information legislation in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
on a national level, with the exception of Scottish bodies, which are covered by the Freedom of Information (Scotland) Act 2002
Freedom of Information (Scotland) Act 2002
The Freedom of Information Act 2002 was an Act of the Scottish Parliament passed in 2002. It covers public bodies over which the Scottish Parliament has jurisdiction, fulfilling a similar purpose to the UK-level Freedom of Information Act 2000...
(2002 asp. 13). Environmental information is covered by further legislation Environmental Information Regulations 2004. Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
, the UK Prime Minister who introduced the Freedom of Information Act, later expressed regret over the Act, claiming that the Act impeded the ability of officials to deliberate "with a reasonable level of confidentiality".
United States
In the United States the Freedom of Information ActFreedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
was signed into law by President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
on July 4, 1966 and went into effect the following year. Ralph Nader
Ralph Nader
Ralph Nader is an American political activist, as well as an author, lecturer, and attorney. Areas of particular concern to Nader include consumer protection, humanitarianism, environmentalism, and democratic government....
has been credited with the impetus for creating this act, among others. The Electronic Freedom of Information Act Amendments were signed by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on October 2, 1996.
The Act applies only to federal agencies
Federal agency
Federal agency may refer to:*United States federal agencies—see List of United States federal agencies*Federal agency -See also:*Government agency*Statutory corporation*Statutory Agency*Crown corporation*Government-owned corporation...
. However, all of the states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, 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. Some state and local government agencies attempt to get around state open records laws by claiming copyright for their works and then demanding high fees to license the public information. The ruling in Santa Clara v. CFAC
County of Santa Clara v. California First Amendment Coalition
County of Santa Clara v. California First Amendment Coalition was a case before the California Courts of Appeal dealing with the ability of a local California agency to limit the disclosure of, or require license agreements for, public records and data requested under the California Public Records...
will likely curtail the abuse of copyright to avoid public disclosure in California, but agencies in other states like Texas and New York continue to hide behind copyright. Some states expand government transparency through open meeting laws, which require government meetings to be announced in advance and held publicly.
Uruguay
The Act was enacted in 2008 under President Vazquez's Administration and is mainly implemented by the Judiciary.Zimbabwe
In ZimbabweZimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
, the Access to Information and Privacy Act (AIPPA) was signed by their President Robert Mugabe
Mugabe
Mugabe can refer to:*Robert Mugabe, President of Zimbabwe.*Sally Mugabe, first wife of Robert Mugabe.*Grace Mugabe, second wife of Robert Mugabe.*Omugabe , a title given to kings of Ankole of Uganda.*Mugabe Were, a Kenyan politician....
in February 2002.
Pending legislation by country
- In ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, national freedom of information legislation is pending, though some individual regions have legislation on a local level. - In BarbadosBarbadosBarbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
, the Government headed by David ThompsonDavid Thompson (Barbadian politician)David John Howard Thompson, QC, MP was the sixth Prime Minister of Barbados from January 2008 until his death from pancreatic cancer on 23 October 2010....
has proposed to put in place a Freedom of Information Bill. The Government has launched various initiatives to vett the proposed bill with the citizens of the country for comment. - In BotswanaBotswanaBotswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
, , 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." - In the Cayman IslandsCayman IslandsThe Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...
, the Freedom of Information Regulations Act 2008 is expected to go into effect on January 1, 2009. - In FijiFijiFiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
, 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 GhanaGhanaGhana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, the Right to Information Bill 2003 was resubmitted to the Cabinet in 2005. - In IndonesiaIndonesiaIndonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, the House of Representatives drafted and submitted a freedom of information bill in 2004,and in 2008 passed with the name Public Information Openness Law. - In JordanJordanJordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, there is a draft Law on the Guarantee of Access to Information which was passed onto Parliament at the end of 2005. - In KenyaKenyaKenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, the draft Freedom of Information Act 2007 will soon be tabled into Parliament. - In LesothoLesothoLesotho , officially the Kingdom of Lesotho, is a landlocked country and enclave, surrounded by the Republic of South Africa. It is just over in size with a population of approximately 2,067,000. Its capital and largest city is Maseru. Lesotho is a member of the Commonwealth of Nations. The name...
, 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 MozambiqueMozambiqueMozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
, the government produced a draft Freedom of Information Bill in August 2005. It is expected to become law within two years. - In NauruNauruNauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
, 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. - PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
. Article III, Section 7 of the country's Bill of Rights recognizes the people's right to information on matters of public concern. Its Supreme Court has upheld this right in many of its decisions. However, there is no legislation that sets the procedures for access and disclosure of information and provides penalties for officials who fail to release the requested information, without justifiable reasons. In 2008, the Lower House of the Philippine Congress passed House Bill No. 3732 (Freedom of Information Act) that addresses these gaps. A counterpart bill is still pending in the Philippine Senate. Leading the campaign for the bill's passage is the Access to Information Network, co-convened by Action For Economic ReformsAction For Economic ReformsAction for Economic Reforms is a Philippine non-government organization engaged in research and advocacy. It was founded in 1996 by a group of progressive scholars and activists as an "independent, reform-oriented and activist policy group"....
and Transparency and Accountability Network. - In Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
, the 2004 draft Freedom of Information Act has been endorsed by both major parties, but had not been passed as of January 2005.
(Unless stated otherwise, information is current as of July 2008).
See also
- Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental MattersAarhus ConventionThe UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on June 25, 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001...
- Non-profit organizations and access to public informationNon-profit organizations and access to public informationWhen government agencies outsource basic services to third-party non-profit contractors, one consequence is that the public may lose its access to information about the service that the public would have retained, had a government agency carried out the service directly.A concern that previously...
- Open governmentOpen governmentOpen government is the governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction it opposes reason of state and racist considerations, which have tended to legitimize...
- Right to knowRight to know"Right to know", in the context of United States workplace and community environmental law, is the legal principle that the individual has the right to know the chemicals to which they may be exposed in their daily living. It is embodied in federal law in the United States as well as in local laws...
- SecrecySecrecySecrecy is the practice of hiding information from certain individuals or groups, perhaps while sharing it with other individuals...
- Transparency in behaviour
- Freedom in the world
External links
International- Freedom of Information: A Comparative Study, a 57 country study by Global Integrity.
- ARTICLE 19: Global human rights organisation which promotes freedom of expression and access to information
- Freedominfo: one-stop portal for freedom of information laws and movements around the world.
- Right2Info: good law and practice from around the world, including links to RTI and other related laws and constitutional provisions from nearly 100 countries.
- Map of the world with FOI and pending bills, May 2007
- Open Government: a Journal on Freedom of Information. An open access e-journal with peer-reviewed research and commentary on FOI worldwide.
- Freedom of Information Training Manual for Public Officials
- Model Freedom of Information Law
- International survey of FOI laws, mid-2005
- FOIAnet
- The Access Initiative
- World FOI Chart, comparative table of FOI laws
- Global index of FOI rulings
Europe:
- Access Info Europe
- UK Campaign for Freedom of Information
- Privacy & Data Protection: UK's leading journal on FOI issues.
- Legal Leaks - Freedom of Information and Journalism
India:
- RTI India: The Complete Right to Information Portal of India.
- RTI Users Association National association of Right to Information users of India
- NyayaBhoomi: One stop portal for Right to Information Act, 2005
- Continually updated (and archived) news clippings about RTI matters
- A Power Point Presentation on RTI
- rti.org.in Provides a wide range of information and networking opportunities for RTI practitioners and citizens: Handbooks, Articles, Case Law Directory.
- National RTI Forum: Headed by Amitabh ThakurAmitabh ThakurAmitabh Thakur is an officer of the Indian Police Service who is a Superintendent of Police in Uttar Pradesh. He is presently doing a fellowship at Indian Institute of Management, Lucknow following a controversy in which his request for a leave was denied by the government in Uttar Pradesh....
, an officer of the Indian Police ServiceIndian Police ServiceThe Indian Police Service , simply known as Indian Police or IPS, is one of the three All India Services of the Government of India...
, working for RTI activities and RTI activists in India.
Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
:
- Action For Economic Reforms, a public interest organization in the Philippines that advocates for the passage of a Freedom of Information Act. Action For Economic ReformsAction For Economic ReformsAction for Economic Reforms is a Philippine non-government organization engaged in research and advocacy. It was founded in 1996 by a group of progressive scholars and activists as an "independent, reform-oriented and activist policy group"....
is part of the Access to Information Network.
Turkey:
United States:
- The National Freedom of Information Coalition
- The WikiFoia A wiki for state and local laws, news and support
- The National Security Archive - a collection of declassified documents acquired through the FOIAFreedom of Information Act (United States)The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
- Comprehensive list of FOIA officers in US government
- FOIA Guidance -- U.S. Department of Justice Guide to the Freedom of Information Act, 2009
Nepal
Open Meetings: