Thursday, October 25, 2007
Over seventy countries around the world have implemented some form of freedom of information legislation. These laws—also described as open records or (especially in the United States) sunshine laws—set rules on access to information or records held by government bodies.
Sweden's Freedom of the Press Act of 1766 is thought to be the oldest such law.
Many more countries are working towards introducing such laws, and many regions of countries with national legislation have local laws. For example, all states of the US have laws governing access to public documents of state and local taxing entities, in addition to that country's Freedom of Information Act which governs documents in the possession of the federal government.
In general, such laws define a legal process by which government information is available to the public; In many countries there are vague constitutional guarantees for the right of access to information, but usually these are unused where specific legislation to support them does not exist.
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 requester does not usually have to give an explanation for their request, but if the information is not disclosed a valid reason has to be given.
Some countries with existing legislation
In Albania, the constitution of 1998 guarantees the right of access to information; the legislation supporting this is the Ligj nr. 8503, date 30.6.1999, Per të drejten e informimit per dokument zyrtare (Law no. 8503, dated June 30 1999, On the right to information over the official documents). This requires public authorities to grant any request for an official document.
Albania
The Law on Freedom of Information was unanimously approved by the Parliament on 23 September 2003 and went into force in November 2003.
Armenia
In Australia, the Freedom of Information Act 1982 was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth.
There is similar legislation in all states and territories:
Australian Capital Territory, the Freedom of Information Act 1989
New South Wales, the Freedom of Information Act 1989
Northern Territory, the Information Act 2003 Australia
Article 32 of the Constitution was amended in 1993 to include a right of access to documents held by the government.
The constitutional right is implemented on the federal level by the 1994 Law on the right of access to administrative documents held by federal public authorities.
Belgium
In Belize, the Freedom of Information Act was passed in 2000 and is currently in force, though a governmental commission noted that "not much use has been made of the Act".
Belize
In Bosnia and Herzegovina, both federal entities - the Republika Srpska and the Federation of Bosnia and Herzegovina - passed freedom of information laws in 2001, the Freedom of Access to Information Act for the Republika Srpska and Freedom of Access to Information Act for the Federation of Bosnia and Herzegovina respectively. As such, though there is no single national-level law, the whole of the country is covered.
Bosnia and Herzegovina
In Bulgaria, the Access to Public Information Act was passed in 2000, following a 1996 recommendation from the Constitutional Court to implement such a law.
Bulgaria
In Canada, the Access to Information Act allows citizens to demand records from federal bodies. This is enforced by the Information Commissioner of Canada. There is also a complementary Privacy Act, introduced in 1983. The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a federal government institution and that provide individuals with a right of access to that information. It is a Crown copyright. Complaints for possible violations of the Act may be reported to the Privacy Commissioner of Canada.
The various provinces and territories of Canada also have legislation governing access to government information; in many cases, this is also the provincial privacy legislation. For example, the Freedom of Information and Protection of Privacy Act applies to the province of Ontario's provincial ministries and agencies, boards and most commissions, as well as community colleges and district health councils. In Quebec the Act respecting access to documents held by public bodies and the protection of personal information governs access to government information.
Canada
In Chile, there is a constitutional provision for the freedom of information, but an Access to Public Information law (Ley de Transparencia y Acceso a la Información) is yet to be ratified by Parliament. The right provided by the Constitution is regulated in the articles 11 (bis and ter) of Law N° 19,653, which modified Law N° 18,575. In it, it is stated that administrative activities in the agencies of the public administration and documents of organizations that work with them are public. The public can request information with the following requirements: it has to be in a written matter and it does not have to be information already available to the public. Information has to be delivered in 48 hours. It is foreseen that the legislation to be introduced in the future will be largely modelled on the UK's Freedom of Information Act 2000.
Chile
In Colombia, the constitution gives a right of access to public information, and the Ley 57 de 1985 Por la cual se ordena la publicidad de los actos y documentos oficiales (Law 57 of 1985, for the ordering of the official publicity of the acts and documents) implements this, giving the right of access to documents que reposen en las oficinas públicas - which reside in the public offices. - Also there is a Law called "estatuto anticorrupción Ley 190 de 1995" or anticorruption act. The 51st Article oblies public offices to list in visible area all the contracts and purchases every month. It is slowly becoming to effect.
Colombia
In Croatia, the Zakon O Pravu Na Pristup Informacijama (Act on the Right of Access to Information) of 2003 extends to all public authorities.
Croatia
In the Czech Republic, the Zákon č. 106/1999 Sb., o svobodném přístupu k informacím (Act No. 106/1999 Coll. on Free Access to Information) covers the "state agencies, territorial self-administration authorities and public institutions managing public funds" as well as any body authorised by the law to reach legal decisions relating to the public sector, to the extend of such authorisation.
Czech Republic
In Denmark, the Access to Public Administration Files Act of 1985 applies to most public agencies, and an unusual clause extends coverage to most private or public energy suppliers.
Denmark
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.
Dominican Republic
In Ecuador, the Transparency and Access to Information Law of 2004 declares that the right of access to information is guaranteed by the state.
Ecuador
In Estonia, 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).
Estonia
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