Access Info Europe

Last updated
Access Info Europe
Formation2006 (2006)
Type Non profit organisation
Headquarters Madrid, Spain
Vice President and Executive Director
Helen Darbishire
Website www.access-info.org

Access Info Europe is a Madrid-based group that campaigns for access to information in Europe.

Contents

It was formed in June 2006 by experts in access to information, with the aim of promoting the right of access to information in Europe. Access Info is a not-for-profit, non-governmental organization.

The core of Access-Info Europe raison d'être is the belief that access to information is a basic human right, and the idea that this is critical for participatory government decision-making and accountability.

Issues

Primary issues include transparency in the European Union; civil liberties; leak handling; right to information; open government; and commercial transparency. [1]

EU transparency involves reform of access to EU documents, transparency in the EU legislative process, citizen participation in decision-making, and commercial transparency.

Civil liberties includes the implications of anti-terror laws.

Leaks involves training for investigative journalists and legal support over controversies.

Commercial transparency opens access to commercial information and transparency of media ownership

Access Info Europe v. Council of the European Union

On December 3, 2008, Access Info Europe applied to the Council to request access to documents on a policy proposal concerning a regulation of the European Parliament and other documents in the European Union. Access Info applied under Regulation No 1049/2001. The Council responded by making public only part of the requested document and withheld portions that disclosed the positions expressed by Member States. The Council invoked Article 4(3) of the Regulation that governs disclosure exceptions. It explained that such disclosures would have undermined the Council's decision-making process. [2]

On February 26, 2009, the Council sent Access Info an unregistered letter stating additional reasons for its response. Access Info said that it did not receive the letter until April 3, via email. Access Info then applied to the European Court of Justice on June 3, within the 2 month time limit allowed by the Regulation. The appeal came within 2 months of the email notification, but more than 2 months after the February date. [2]

The Court decided that the time limit had not expired. The Court further decided that the exceptions provided in Article 4 of the Regulation must be applied in a restrictive way. [2]

The Court stated that the public has the right to know how decisions are taken in this field and that this should be subject to public oversight.

According to Global Freedom of Expression, the Court decision established a binding/persuasive precedent within its jurisdiction. The Court reasoned that any exceptions to the public's right of access to European Parliament, Council and Commission documents must be strictly applied, to protect the public right of access. It further ruled that the purpose of Regulation No 1049/2001 is to give the public the widest possible right of access to information. [2]

See also

Related Research Articles

Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

<span class="mw-page-title-main">European Ombudsman</span> Ombudsman for the European Union

The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly.

<span class="mw-page-title-main">Classified information</span> Material that government claims requires confidentiality

Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know, and mishandling of the material can incur criminal penalties.

<span class="mw-page-title-main">Freedom of Information Act (United States)</span> 1967 US statute regarding access to information held by the US government

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.

<span class="mw-page-title-main">Comitology</span> Process by which European Union law is modified or adjusted

Comitology in the European Union refers to a process by which EU law is implemented, modified or adjusted and takes place within "comitology committees" chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of 2018, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.

<span class="mw-page-title-main">WikiLeaks</span> News leak publishing organisation

WikiLeaks is a publisher and media organisation founded in 2006. It operates as a non-profit and is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded by Julian Assange, an Australian editor, publisher, and activist, who is currently challenging extradition to the United States over his work with WikiLeaks. Since September 2018, Kristinn Hrafnsson has served as its editor-in-chief. Its website states that it has released more than ten million documents and associated analyses. WikiLeaks' most recent publication was in 2021 and its most recent publication of original documents was in 2019. Beginning in November 2022, many of the documents could not be accessed.

<span class="mw-page-title-main">Anti-Counterfeiting Trade Agreement</span> Treaty on intellectual property

The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral treaty for the purpose of establishing international standards for intellectual property rights enforcement that did not enter into force. The agreement aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement on the Internet, and would create a new governing body outside existing forums, such as the World Trade Organization, the World Intellectual Property Organization, and the United Nations.

<span class="mw-page-title-main">Copyright and Information Society Directive</span> 2001 European Union Directive on Copyright

The Copyright and Information Society Directive 2001 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome.

<span class="mw-page-title-main">Media freedom in the European Union</span>

Media freedom in the European Union is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights. Within the EU enlargement process, guaranteeing media freedom is named a "key indicator of a country's readiness to become part of the EU".

<span class="mw-page-title-main">Transparency of media ownership in Europe</span>

Transparency of media ownership refers to the public availability of accurate, comprehensive and up-to-date information about media ownership structures. A legal regime guaranteeing transparency of media ownership makes possible for the public as well as for media authorities to find out who effectively owns, controls and influences the media as well as media influence on political parties or state bodies.

<span class="mw-page-title-main">Access to public information in Europe</span>

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.


Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Transparency of media ownership is the public availability of accurate, comprehensive and up-to-date information about media ownership structures. A legal regime guaranteeing transparency of media ownership makes possible for the public as well as for media authorities to find out who effectively owns, controls and influences the media as well as media influence on political parties or state bodies. The disclosure of media ownership can be prescribed by generic regulation or by media-specific provision. Such measures may mandate the disclosure of information on media ownership structures to specific authorities or to the general public.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

The principle of public access to official records in Scandinavia is the principle that everyone should have the right to take part in non-classified public records and the right to attend court proceedings. The principle of public access to official documents also means that government officials and other central and local government employees are free to divulge information.

References

Definition of Free Cultural Works logo notext.svg  This article incorporates text from a free content work. Licensed under CC BY SA 2.0. Text taken from Access Info Europe , Open rights group Wiki.

  1. "Access Info Europe". wiki.openrightsgroup.org. Retrieved 2019-01-18.
  2. 1 2 3 4 "Access Info Europe v. Council of the European Union". Global Freedom of Expression. Retrieved 2019-01-18.