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

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Table of Contents Foreword and Note to the Second Edition 1 by Abdul Waheed Khan, Assistant Director-General for Communication and Information, UNESCO Introduction 3 International Standards and Trends 7 The United Nations 8 Regional Standards 9 Organization of American States 10 Council of Europe 11 African Union 12 The Commonwealth 12 International Jurisprudence 13 Inter-American Court of Human Rights 13 European Court of Human Rights 14 Information in Specifi c Areas 16 Information on the Environments 16 Information on Human Rights 18 The Right to Political Participation 19 The Fight Against Corruption 20 v
vi National Developments 20 Constitutional Interpretation 20 Specifi c Constitutional Provisions 21 Right to information Legislation 22 Intergovernmental Organisations 22 Features of an FOI Regime 31 PRINCIPLE 1. MAXIMUM DISCLOSURE 33 Freedom of information legislation should by guided by the principle of maximum disclosure PRINCIPLE 2. OBLIGATION TO PUBLISH 33 Public bodies should be under an obligation to publish key Information PRINCIPLE 3. PROMOTION OF OPEN GOVERNMENT 33 Public bodies must actively promote open government PRINCIPLE 4. LIMITED SCOPE OF EXCEPTIONS 34 Exceptions should be clearly and narrowly drawn and subject to strict “harm” and “public interest” tests The three-part test PRINCIPLE 5. PROCESSES TO FACILITATE ACCESS 37 Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available PRINCIPLE 6. COSTS 38 Individuals should not be deterred from making requests for information by excessive costs PRINCIPLE 7. OPEN MEETINGS 39 Meetings of public bodies should be open to the public PRINCIPLE 8. DISCLOSURE TAKES PRECEDENCE 39 Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed PRINCIPLE 9. PROTECTION FOR WHISTLEBLOWERS 40 Individuals who release information on wrongdoing - whistleblowers - must be protected
Page 1 and 2: Toby Mendel is the Law Programme Di
Page 3 and 4: The author is responsible for the c
Page 8 and 9: Country Chapters 43 Azerbaijan 43 I
Page 10 and 11: Foreword by Abdul Waheed Khan Assis
Page 12 and 13: Introduction The importance of the
Page 14 and 15: Access to medical records, for exam
Page 16 and 17: International Standards and Trends
Page 18 and 19: egard to information held by Govern
Page 20 and 21: very exercise of democracy.” The
Page 22 and 23: Group to discuss the right to infor
Page 24 and 25: y Article 8 of the Convention. 70 I
Page 26 and 27: information on hazardous materials
Page 28 and 29: The Guerra case at the European Cou
Page 30 and 31: Court of Japan established in two h
Page 32 and 33: Charter standards and gradually ame
Page 34 and 35: 43. Report of the 65th Meeting of t
Page 36 and 37: 105. See, for example, Handyside v.
Page 38 and 39: Features of a Right to Information
Page 40 and 41: principles of law recognised by the
Page 42 and 43: PRINCIPLE 2. OBLIGATION TO PUBLISH
Page 44 and 45: The complexity and yet importance o
Page 46 and 47: provision of advice within governme
Page 48 and 49: The Aarhus Convention has reasonabl
Page 50: Notes 137. UN General Assembly Reso
Page 53 and 54: 44 The Right of Access The right of
Page 55 and 56:
46 Access to information shall be f
Page 57 and 58:
48 information the disclosure of w
Page 59 and 60:
50 have been taken to disseminate i
Page 61 and 62:
52 funded from the consolidated bud
Page 63 and 64:
54 Article 5 provides that the righ
Page 65 and 66:
56 The initial indications are that
Page 67 and 68:
58 Duty to Publish The Indian RTI L
Page 69 and 70:
60 personal information which does
Page 71 and 72:
62 Section 4(1)(a) provides for a r
Page 73 and 74:
64 A public body (the term used in
Page 75 and 76:
66 ‘subject area’ of the public
Page 77 and 78:
68 justifi ed in its original decis
Page 79 and 80:
70 The Right of Access The right of
Page 81 and 82:
72 Exceptions The Japanese RTI Law
Page 83 and 84:
74 Sanctions and Protections The Ja
Page 85 and 86:
76 formats or of certain types, suc
Page 87 and 88:
78 Article 20 provides a long list
Page 89 and 90:
80 Sanctions and Protections Articl
Page 91 and 92:
82 source, date of creation or form
Page 93 and 94:
84 Duty to Publish Article 7 of the
Page 95 and 96:
86 Appeals For agencies, complaints
Page 97 and 98:
88 Peru Introduction The 1993 Peruv
Page 99 and 100:
90 automatically from a database, w
Page 101 and 102:
92 information classifi ed on grou
Page 103 and 104:
94 S outh Africa Introduction The 1
Page 105 and 106:
96 The Law contains detailed provis
Page 107 and 108:
98 The main exceptions are set out
Page 109 and 110:
100 an applicant a fee for inspecti
Page 111 and 112:
102 Chapter 2 of the Swedish Law de
Page 113 and 114:
104 where this “presents serious
Page 115 and 116:
106 Appeals An individual may appea
Page 117 and 118:
108 for providing the information (
Page 119 and 120:
110 In terms of specifi c exception
Page 121 and 122:
112 parliament to make laws prescri
Page 123 and 124:
114 required to grant earlier acces
Page 125 and 126:
116 Most of the exceptions do inclu
Page 127 and 128:
118 Sanctions and Protections The U
Page 129 and 130:
120 The Law does not include a sect
Page 131 and 132:
122 There have been efforts recentl
Page 133 and 134:
124 The specifi c exceptions are as
Page 135 and 136:
126 Sanctions and Protections The R
Page 137 and 138:
128 The new OPEN Government Act add
Page 139 and 140:
130 educational or scientifi c inst
Page 141 and 142:
132 The sixth exception covers fi l
Page 143 and 144:
134 the number of full-time staff
Page 145 and 146:
136 196. It was amended by Law No.
Page 147 and 148:
138 259. Act No. 100 of 1980. Avail
Page 149 and 150:
140 318. Banisar, D., Government Se
Page 151 and 152:
142 Some laws also include a number
Page 153 and 154:
144 of parliament. These are unfort
Page 155 and 156:
146 is a complex one. In some count
Page 157 and 158:
148 Exceptions Most laws include a
Page 159 and 160:
150 public interests. A number of l
Page 161 and 162:
152 the set time frame, a refusal t
Page 163 and 164:
154 must make each such report avai
Page 165:
156 from different regions around t
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