Access to public information in Cyprus

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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. [1]

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The right of access to information in Cyprus is guaranteed in constitutional provisions on freedom of expression but the legal framework is seriously flawed, with no law on access to information in the Republic of Cyprus and a law that falls below Council of Europe standards in the Northern part of Cyprus. [2]

As to 2011, a research by the Open Cyprus Project showed that there was a level of 75% of administrative silence island-wide, in response to information requests. [3] Over half of the respondents to this survey stated that, in practice, access to key documents is not possible. [3]

Since late 2013, a draft law on the Right to Access Public Information is being discussed in the Parliament of the (Southern) Republic of Cyprus.

On 22 December 2017 the law has finally been approved (Law number 184(I)/2017). [4]

Northern Cyprus

The right to access public information is granted by Article No. 24 of the Constitution of Northern Cyprus. Even if the Constitutional article echoes Article No. 10 of the European Convention on Human Rights (ECHR), experts say that the possibilities to restrict the fundamental right of access to public information are provided in an overbroad manner. [3] Specifically, Article No. 10 (2) ECHR says that the conditions and restrictions imposed on the right to freedom of expression have to be “necessary in a democratic society”. Instead, even if the Constitution of Northern Cyprus- under Article No. 24- provides for a test of whether a restriction to such a right is necessary, it does not specify the key qualification of being necessary in a democratic society, as required by Article 10 of the ECHR. [3]

The relevant laws regulating the right to access public information in the Northern part of Cyprus are: the Right to Access Information Law No. 12 of 2006; the Public Officials Law No. 7 of 1979; the State Procurement Regulation; the Rules and Procedures of the Parliament and the Personal Data Protection Act No. 89 of 2007.

The Right to Access Information Law obliges “public bodies” to process all information requests, regardless of the means by which they are submitted. [3]

A 2011 research recommends that, with regard to the Access to Information Law in the Northern part of the country, the scope of the law should be extended to all classes of information held by public bodies. Also, according to experts, an implementing regulation should be approved, clarifying the administrative procedure to request and receive information. [3] Finally, the Access to Information Assessment Commission foreseen by the law has not been appointed yet. [5]

Republic of Cyprus

The Cypriot government couldn't sign or ratify the 2009 Council of Europe Convention on Access to Official Documents as it did not have a transparency law that meets the Convention’s minimum standard. Until 2017, Cyprus was the only country in Europe, other than Luxembourg, without a law guaranteeing the right of access to information. [6] But as of 2018, the law has been published (Law 184(I)/2017).

The relevant laws with regard to the right to access public information are the following:

According to experts, these non-specific laws that might grant access to some classes of information, such as environmental information or archives, require amendments to comply with the basic international and European standards. [3]

Since April 2014, the Republic of Cyprus has been holding public consultations aimed at drafting a Freedom of Information Law, which as to 2017 has to be enacted. [7] In October 2015, the Cypriot Justice Minister Ionas Nicolaou expressed his commitment to adopt a strong access to information (Freedom of Information) law that will be “one of the best in the European Union”. [8]

Again, in February 2017, the association Access Info Europe has addressed the Cypriot Parliament asking to review such a draft. In particular, Access Info Europe advocated for the removal of the fees for making information requests and for cutting down the possible 60 days extension for complex requests which has been included in the draft. [9] [10] Moreover, according to Access Info, also the regime of possible exceptions needs to be reviewed. Currently, the draft includes absolute exceptions, with no public interest test. [9] [7] Furthermore, under the international and European transparency standards, when disclosure of information is denied requesters must be given clear reasons as to why the exception has been applied. [6]

In March 2017, the recommendations elaborated by Access Info Europe were sent to the Cypriot Parliament Legal Committee. [11]

Since March 2015, Citizen Service Centres have been established all over the island in order to provide multiple services as an alternative channel for dealing with public agencies/organizations. They work through a single 4-digit number (1434) which citizens can call in order to obtain information with respect to approximately 90 services offered by the CSCs, such as eligibility criteria for submitting an application, documents that need to be submitted, fees charged etc. Through this Call Centre, citizens can also submit applications for 18 services relating to the issuing of specific documents/licenses/certificates etc. [12]

See also

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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.

The Campaign for Freedom of Information is an advocacy group that promotes and defends freedom of information in the UK. It seeks to strengthen the public's rights under the Freedom of Information Act 2000 and related laws and opposes attempts to weaken them. It does this through campaigning, the publication of briefings and other reports and research. The Campaign also provides advice to the public, assistance to people challenging unreasonable refusals to disclose information and runs training courses on freedom of information.

Freedom of information (FOI) in the United Kingdom refers to members of the general public’s right to access information held by public authorities. This right is covered in two parts:

  1. Public authorities must regularly publish updates and information regarding their activities, and
  2. Members of the public can make requests for information and updates regarding the activities of public authorities.
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Philippine President Rodrigo Duterte signed Executive Order No. 02, also known as the Freedom of Information (FOI) Program, on July 23, 2016, in Davao City. The executive order established the first freedom of information (FOI) Program in the Philippines covering all government offices under the Executive Branch. It requires all executive departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by Executive Secretary Salvador Medialdea. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.

<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 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 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.

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.

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.

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.

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.

<span class="mw-page-title-main">Access Info Europe</span>

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

References

  1. ↑ "Freedom of Information". unesco.org. UNESCO. Retrieved April 12, 2017.
  2. ↑ Right to Access Information Law No. 12 of 2006
  3. 1 2 3 4 5 6 7 "The Right of Access to Information in Cyprus. Report and Recommendations". rcmediafreedom.eu. Access Info Europe. November 2011. Retrieved April 12, 2017.
  4. ↑ "Ο περί του Δικαιωμάτος Πρόσβασης σε Πληροφορίες του Δημόσιου Τομέα Νόμος του 2017 - 184(I)/2017".
  5. ↑ "Open Cyprus Project: Results". access-info.org. Access Info Europe. February 24, 2011. Retrieved April 12, 2017.
  6. 1 2 "Civil society warn Cyprus' draft transparency law under threat if excessive exceptions persist". access-info.org. Access Info Europe. March 31, 2017. Retrieved April 12, 2017.
  7. 1 2 Psyllides, George (October 18, 2015). "Ministry defends planned freedom of information law". cyprus-mail.com. Cyprus Mail Online. Retrieved April 12, 2017.
  8. ↑ Pavlou, Andreas (October 21, 2015). "Access Info welcomes Cyprus' commitment to strong FOI law". access-info.org. Access Info Europe. Retrieved April 12, 2017.[ dead link ]
  9. 1 2 "Cypriot lawmakers challenged to ensure FOI is free and exceptions are limited". access-info.org. Access Info Europe. March 1, 2017. Retrieved April 12, 2017.
  10. ↑ Andreou, Evie (February 18, 2017). "NGO calls for FOI fees to be axed". cyprus-mail.com. Cyprus Mail Online. Retrieved April 12, 2017.
  11. ↑ "Σχόλια από Access Info Europe περί το νομοσχέδιο που ρυθμίζει το δικαίωμα πρόσβασης σε ληροφορίες του δημόσιου τομέα (Comments from Access Info Europe on the draft law regulating the right of access to Public Sector Information)" (PDF). access-info.org (in Greek). Access Info Europe. February 28, 2016. Retrieved April 12, 2017.
  12. ↑ "EUROPE 2020- Cyprus National Reform Programme 2016" (PDF). ec.europa.eu. European Commission. April 2016. Retrieved April 12, 2017.
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