Access to public information in practice
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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]
In Greece, access to information is a Constitutional right. [2] Access to public information is governed by several laws since 1986, but according to Transparency International Greece the practical implementation of these provisions is quite poor. [3] In addition, Law 3448/2006, on the reuse of public sector information, harmonises the national laws with the requirements on the European Union Directive 2003/98/EC. [4] As a consequence of the financial crisis, a new law has been passed in July 2010 providing for the online publication of all decisions involving commitments of funds in the government sector. [3]
According to the Greek legal framework, all persons have the right to information in accordance with the law. Restrictions may be imposed only on the basis of reasons specified by law and insofar as they are absolutely necessary and justified for reasons of national security, contrast to organised crime and of protecting rights and interests of third parties. [5]
The Greek access to information law applies to administrative documents, in particular, only to a certain kind of administrative documents, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions. [5]
The definition of the "public services" which are subject to access to information law includes all central, regional and local administration, but not the executive branch. [5] The law does not specify if it applies also to State-owned enterprises (commercial entities that are owned or controlled by the State), to other public authorities (including constitutional, statutory and oversight body, such as election commission or information commissioner/er, or to private bodies performing a public function or receive significant public funding. [5]
Competent authorities are obliged to handle the requests and decide on them within the time limit, if any, stipulated by the relevant special provisions, otherwise, within sixty days. In case the request cannot be handled within this time limit, the competent service is obliged to notifying the following to the interested party in writing: the reason for the delay; the public officer to whom the case was assigned and his/her telephone number; the supporting documents that may be missing. [5]
Costs for accessing information under the FOI law are limited to the actual costs for reproducing the documents. [5] According to the Greek access to information law, the competent legislative authority may refuse to satisfy the right of access to information if the documents requested refer to the discussion of the Cabinet of Ministers of if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation. [5]
The refusal to grant access to documents under the FOI law should be justified and notified in writing to the applicant within one month after the submission of the request. [5] In case of refusals, applicants can apply to the administrative authority that issued the deed (application for remedy) or for the cancellation thereof to the superior authority of the authority that issued the deed (hierarchical appeal). [5] The right to lodge an external appeal with an independent oversight body (e.g. an information commission or ombudsman) is not mentioned by the law, Ombudsman in Greece has a proactive attitude in defence of the access to public document field. [5]
The principle of transparency in all areas of public life, including media, is expected to be enhanced given that there is an Action Plan Promoting Open Government since 2014 (Greek Action Plan 2014-16). Technical and institutional changes have been adopted to enhance the principle of transparency and these should lead to the enhancement of the functionality of the DIAVGEIA project (Transparency Program Initiative), [6] to the publication of public procurements and to the open, transparent and secure exchange of public documents. The DIAVGEIA project began on October 1, 2010. Under this Transparency Program Initiative, all government institutions are obliged to upload their acts and decisions on the Internet with special attention to issues of national security and sensitive personal data. Each document is digitally signed and assigned a unique Internet Uploading Number (IUN) certifying that the decision has been uploaded at the “Transparency Portal”. Following the latest legislative initiative (Law 4210/2013) of the Ministry of Administrative Reform and e-Governance, administrative acts and decisions are not valid unless published online. [6]
In particular, as to the right to access public information, the innovations provided by the Action Plan promoting Open Government are the following: [6]
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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 Official Information Act 1982 (OIA) is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. It is New Zealand's primary freedom of information law and has become an important part of New Zealand's constitutional framework.
The Freedom of Information Act 1982(Cth) is an Act of the Parliament of Australia which guarantees freedom of information (FOI) and the rights of access to official documents of the Commonwealth Government and of its agencies to members of the 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.
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.
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 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.