Freedom of Information: A Comparative Legal Survey - Federation of ...

Foreword
by Abdul Waheed Khan
Assistant Director-General
for Communication and Information
UNESCO
The free fl ow of information and ideas lies at the heart of the very notion of democracy and is crucial to
effective respect for human rights. In the absence of respect for the right to freedom of expression, which
includes the right to seek, receive and impart information and ideas, it is not possible to exercise the
right to vote, human rights abuses take place in secret, and there is no way to expose corrupt, ineffi cient
government. Central to the guarantee in practice of a free fl ow of information and ideas is the principle
that public bodies hold information not for themselves but on behalf of the public. These bodies hold a vast
wealth of information and, if this is held in secret, the right to freedom of expression, guaranteed under
international law as well as most constitutions, is seriously undermined.
The importance of the right to access information held by public bodies, sometimes referred to as the
right to know, has been recognised in Sweden for over 200 years. Importantly, however, over the last ten
years it has gained widespread recognition in all regions of the world. This is refl ected in authoritative
statements signalling the importance of this right by a number of international bodies, including various
UN actors and all three regional human rights systems, in specifi c guarantees for this right in many of
the new constitutions adopted in countries undergoing democratic transitions and in the passage of laws
and policies giving practical effect to this right by a rapidly growing number of countries and international
organisations.
A fundamental value underpinning the right to know is the principle of maximum disclosure, which
establishes a presumption that all information held by public bodies should be subject to disclosure
unless there is an overriding public interest justifi cation for non-disclosure. This principle also implies the
introduction of effective mechanisms through which the public can access information, including request
driven systems as well as proactive publication and dissemination of key material.
A number of questions face those tasked with drafting and/or promoting legislation guaranteeing the right
to know in accordance with the principle of maximum disclosure. How should the regime of exceptions
be crafted so as to strike an appropriate balance between the right to know and the need for secrecy
to protect certain key public and private interests? How extensive should the obligation to publish and
disseminate information be and how can the law ensure that this obligation grows in line with technological
developments which signifi cantly reduce publication costs? What procedures for requesting information
can balance the need for timely, inexpensive access against the pressures and resource constraints facing
civil servants? What right of appeal should individuals have when their requests for information have been
refused? Which positive measures need to be taken to change the culture of secrecy that pervades the
public administration in so many countries, and to inform the public about this right?
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