IHEC - Freedom of Information

The free flow 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. For elections to fulfil their proper function the electorate must have access to information.

Central to the guarantee in practice of a free flow of information and ideas is the principle that public bodies hold information not for themselves but on behalf of the public. As such, this information must be accessible to members of the public in the absence of an overriding public interest in secrecy.

Freedom of information is most commonly understood primarily as a right to access information held by public bodies upon request. This is a central aspect of the right, but it clearly goes beyond that. One further element, addressed in most freedom of information laws, is the obligation on public bodies to publish, even in the absence of a request, key information, for example about how they operate, their policies, opportunities for public participation in their work and how to make a request for information.

In the absence of legislation covering freedom of information, it is recommended that the IHEC establish procedures guaranteeing the right to know in accordance with the principle of maximum disclosure. The key issues to be considered are:

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 significantly 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?

Click here for Freedom of Information manual (NDI)