FOI Overview 09/08/2004

Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both.

-- James Madison

News and Developments

FOI Survey 2006 Available in Russian 01/08/2007
The Privacy International Global FOIA Survey 2006 is now available in Russian. Translation courtesy of the Organisation for Security and Cooperation in Europe.

Uganda Adopts FOI Law 15/07/2005
The Parliament approved the Access to Information Act in April 2005. It was signed by the President in July 2005.

Germany Adopts FOI Law (external) 08/07/2005
The Bundesrat approved the Federal Freedom of Information on 7 July 2005. The Act will be enforced by the Federal Data Protection Commission. It will go into force in January 2006.

India Right of Information Act, 2005 15/06/2005
The Right to Information Act was approved by the Parliament and signed by the President in June 2005 and went into effect in October 2005. It replaces the Freedom of Information Act, 2002 which was adopted in January 2003 but never went into force. Under the Act, all Indian citizens have a right to ask to ask for information from central and state public authorities. The public authority must respond in thirty days. An independant Information Commission is created for the nation and each state.

Swiss Federal Law on the Principle of Administrative Transparency 17/12/2004
The Parliament approved the Federal Law on the Principle of Administrative Transparency (Loi sur la Transparence, LTrans) in December 2004. The law gives any person the right to consult official documents and obtain information from authorities. The authorities must respond in twenty days. The Federal Data Protection and Information Commissioner will have oversight. It will go into effect in January 2006.

Serbian Parliament Approves FOI Law (PDF) 02/11/2004
The Serbian Parliament on 2 November 2004 approved the Act on Access to Public Information by a vote of 147-0 with 84 abstentions. It was supported by the Democratic Party and G17 parties. (B92, 2 November 2004).

Dominican Republic Adopts FOI Law 28/08/2004
President Hipólito Mejía approved the Law on Access to Information on 28 July 2004. All persons have the right to demand information from government bodies which must respond in 15 days. Appeals can be made to a court. Officials can be fined and jailed for refusing to provide information

US Census Data on Arab Americans Given to Department of Homeland Security 04/08/2004
The Electronic Privacy Information Center obtained documents showing that the U.S. Census Bureau provided the Department of Homeland Security statistical data on people who identified themselves on the 2000 census as being of Arab ancestry.

Commonwealth Parliamentarians Call For Greater Access To Information 15/07/2004
Commonwealth Parlimentarians meeting in Ghana 9-14 July 2004 issued "Recommendations for Transparent Governance" promoting freedom of information. The recommendations call for a right of access, government obligation to publish information, an overriding of secrecy laws and improved records management.

Ecuador Enacts 'Transparency and Access to Information Law' 18/05/2004
President Lucio Gutierrez ratified the Transparency and Access to Information Law on 18 May 2004. it gives a right for any person to demand information from government bodies. Bodies are required to respond to requests in 10 days and must also public information about their structures and activies. The Public Ombudsman is given oversight. Information can be classified for 15 years. There are penalties against whistleblowers.

Legal and Policy Developments

Czech court rejects initiative to ease restrictions on classified information 11/02/2004
The Czech Constitutional Court on 11 February rejected an initiative from Ombudsman Otakar Motejl that would have compelled the Foreign Ministry to publish information classified by the ministry as "sensitive political, security, and economic information concerning international relations," CTK reported. The presiding judge said approval of the initiative could threaten the Czech Republic's ability to protect sensitive information. The judge also said international organizations might hesitate to provide the Czech Republic with classified information. Motejl, acting on a proposal forwarded to the government by former Human Rights Commissioner Petr Uhl, argued that citizens should have access to all information that it is not strictly necessary to protect in a state based on the rule of law. While conceding that current regulations could "in theory" lead to abuse, the judge said citizens may appeal to the courts if they suspect such abuse. MS (RFE/RL Newsline, 12 February 2004)

Report on FOI Conflicts in Serbia 15/05/2003
Conflict of public and private interest and free access to information - Legal Assessment and Field Research - Serbia 2003. Transparency International Serbia

Supreme Court of India decides on FOI case (.PDF) 05/08/2002
The Court asks: "in a nation wedded to republican and democratic form of government where election as a Member of Parliament or as a Member of Legislative Assembly is of utmost importance for governance of the country, whether, before casting votes voters have a right to know relevant particulars of their candidates?"

Commentary on the Ukrainian Law on Information (PDF) 01/12/2001
Review of the Ukranian Information Law by the OSCE/COE

PI Reports

PI Report on Freedom of Information, Secrets and Protection of Sources in OSCE (PDF) 02/05/2007
For World Press Freedom Day, PI has released a new report which reviews freedom of information, state secrets and protection of journalists sources laws in the 56 OSCE participating states and finds that while most OSCE countries have adopted freedom of information laws, there has been an increasing abuse of state secrets laws and illegal searches and wiretapping to limit journalists' and the public's right to know crucial information about the activities of their governments. A 400 page compendium of responses from questionnaires is also available.

PI Comments on Draft Croatian Secrets Act 15/04/2007
At the request of the OSCE Representative on Freedom of the Media, PI has written a legal analysis of the draft Croatian Bill on Data Secrecy (Eng/Cr). The Review finds that the current Draft is flawed and represents a lost opportunity to adopt a law that is consistent with modern western standards on protection of state secrets. As it currently stands, the Draft raises serious concerns about its effects on public access to government information and should be significantly amended before it is considered by the Parliament.

PI Comments on Draft Moldovan FOI, Secrets Acts 28/09/2005
At the request of the OSCE Representative on Freedom of the Media, PI has written legal analyses of the draft Moldovan Law on Information (Eng/Rom) and the Draft Law on State and Official Secrets (Eng/Rom). The analyses found that the two drafts significantly worsen the right of freedom of information in Moldova.

PI Global Studies

Global Survey on Protection of Journalists' Sources 08/11/2007
Privacy International released a global survey on protection of journalists' sources in November 2007. Silencing Sources finds that over 100 nations have adopted laws but that the laws are being undermined in many countries by laws on national security, wiretapping and searches. Several important countries including the US, ireland and Canada have not adopted laws.

Freedom of Information Around the World 2006 Report 20/09/2006
Privacy International released the 2006 Freedom of Information and Access to Government Records Around the World report on 20 September 2006. The survey reviews FOI and other access laws and their implementation in 70 countries. The survey is now available in English and Russian. A global map of FOI laws, regulations, and pending bills is also available.