Freedom of information laws by country
Freedom of information laws allow access for 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 the term "Access to Information Act" has also been used. Such laws establish a "right-to-know" legal process by which requests may be made for government-held information, to be provided at little or no 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 of 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.
Introduction
Over 100 countries around the world have implemented some form of freedom of information legislation. Sweden's Freedom of the Press Act of 1766 is the oldest in the world.Most freedom of information laws exclude the private sector from their jurisdiction thus information held by the private sector cannot be accessed as a legal right. This limitation has serious implications because the private sector performs many functions which were previously the domain of the public sector. As a result, information that was previously public is now within the private sector, and the private contractors cannot be forced to disclose information.
Other countries are working towards introducing such laws, and many regions of countries with national legislation have local laws. For example, all U.S. states have laws governing access to public documents belonging to the state and local taxing entities. Additionally, the U.S. Freedom of Information Act governs record management of documents in the possession of the federal government.
A related concept is open meetings legislation, which allows access to government meetings, not just to the records of them. In many countries, privacy or data protection laws may be part of the freedom of information legislation; the concepts are often closely tied together in political discourse.
A basic principle behind most freedom of information legislation is that the burden of proof falls on the body asked for information, not the person asking for it. The person making the request does not usually have to give an explanation for their actions, but if the information is not disclosed a valid reason has to be given.
In 2015 The UNESCO General Conference voted to designate 28 September as “International Day for the Universal Access to Information” or, as it is more commonly known, Access to Information Day. The date had previously been celebrated as “Right to Know Day” since 2002. The UNESCO resolution recommends approval by the UN General Assembly.
On 15 October 2019, the UN General Assembly adopted by consensus resolution A/RES/74/5 proclaiming 28 September as the International Day for Universal Access to Information.
Legislation by country
Albania
In Albania, the constitution of 1998 guarantees the right of access to information; the legislation for supporting this is Law no. 119/2014 "On the right to information". The law regulates the right of access to information being produced or held by public sector. The rules contained in this law are designated to ensure the public access to information, in the framework of assuming the rights and freedoms of the individual in practice, as well as establishing views on the state and society situation. This law aims also at encouraging integrity, transparency and accountability of the public sector bodies. Every person shall, where deemed that the rights provided for in this law have been violated, be entitled to file a complaint administratively to the Information and Data Protection Commissioner's Office.Argentina
In Argentina, the Access to Public information Act was adopted in 2016.Armenia
The Law on Freedom of Information was unanimously approved by the Parliament on 23 September 2003 and went into force in November 2003.Australia
In Australia, the was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth. The act was amended in 2010 under the Rudd Government, establishing the government office of the information commissioner, to further promote freedom of information.There is similar legislation in all states and territories:
- Australian Capital Territory, the
- New South Wales, the
- Northern Territory, the
- Queensland, the
- South Australia, the
- Tasmania, the
- Victoria, the
- Western Australia, the
Austria
"Austria’s government has frequently been criticized for inadequate transparency. Official secrecy remains enshrined in the constitution, and Austria’s overall legal framework on access to information is weak" writes the NGO Freedom House in its 2022 and 2023 reports. Reporters without Borders : "In Austria, press freedom has been undermined by various political pressures or restrictions on access to information."
In the context of a newly proposed public access law that has yet to be passed by parliament, Transparency International writes: "More than 110 countries have already created freedom of information – Nonsense that this should not be possible in Austria."
Azerbaijan
In Azerbaijan, a Law on Access to Information was approved in 2005. It has gone into effect. Previously in 1998 there was accepted Law on Freedom on Information, but the Law of 2005 provided more detailed and secured regulation for access to official information.Bangladesh
On 21 October 2008, the Caretaker Government of Bangladesh issued in the Bangladesh Gazette the Right to Information Ordinance, based loosely on the Indian Right to Information Act, 2005. The Ordinance was passed by the current government of Bangladesh in the first session of this parliament on 29 March 2009. The A2i programme is a part of the Vision 2021, a political manifesto of the Bangladesh Awami League party before winning the National Elections of 2008.Belgium
Article 32 of the Constitution was amended in 1993 to include a right of access to documents held by the government.Belize
In Belize, the was passed in 1998 was amended in 2000 and is currently in force, though a governmental commission noted that "not much use has been made of the Act".Bhutan
The National Assembly of Bhutan passed an RTI Bill in February 2014. Its purpose is to curb corruption by providing the public with the right to access information.Bosnia and Herzegovina
Bosnia and Herzegovina was the first country in the Balkan region to adopt a Freedom of Information Act. or FOIA – was adopted by the Parliament Assembly of Bosnia and Herzegovina on 17 November 2000. Both federal entities – the Republika Srpska and the Federation of Bosnia and Herzegovina – passed freedom of information laws in 2001, the and respectively.The FOIA Act changed on the BiH state level two times. The first alteration was passed in 2006, enabling stronger legal protection within the framework of administrative law of BiH. The second alteration was passed in December 2009, which enforced legal penalties for prescribed violations.
Brazil
In Brazil, the Article 5, XXXIII, of the Constitution sets that "everyone shall have the right to receive information of his own interest or of public interest from public entities, which shall be given within the time prescribed by law". Also, article 22 of the Federal law nº 8.159/1991 grants the right to "full access to public documents".A statute passed in 2011 and that will enter into force in 2012 regulates the manner and the timetable for the information to be given by the State.
Bulgaria
In Bulgaria, the Access to Public Information Act was passed in 2000, following a 1996 recommendation from the Constitutional Court to implement such a law. The act defined public information as any information related to the social life in the Republic of Bulgaria. It allows citizens of Bulgaria access to public information created by state bodies and provides principles under which the information may be accessed, as well as when access can be denied.Amendments to APIA
The Access to Public Information Act was amended in 2005, 2007, 2008, 2011, 2015, and 2018. Several amendments, particularly those made in 2007 and 2018, faced backlash from government organizations, media, journalists, and information advocates.The 2007 amendments to the act were criticized for limiting access by extending reply times from 14 to 20 business days, removing the obligation for public authorities to provide partial access and allowing fees to be charged for information requests. Despite widespread criticism, all of the 2007 amendments were passed.
In 2008, the authorities obligated to provide information were expanded, and the obligation for proactive publishing of information online was introduced. Additional focus was placed on access to information related to trade secrets.
2015 brought extensive changes to the APIA with a focus on the digital aspects of information access, such as the publication of information online and the acceptance of e-requests. Amendments included: allowing citizens to submit e-requests for information with no need for electronic signatures, clarifying the definition of a “public law organization” expanding the organizations that comply with the APIA, requiring public sector bodies to publish their material in machine readable formats with all appropriate metadata, the calculation of fees and information reuse, and expanding categories of information required to be proactively made available online. The amendments also discuss third party consent and dissent, allowing public agencies to provide partial access to information to a requestor if a third party does not respond within 14 days.
In 2018, amendments were introduced to Article 40 of the APIA which states that request or denial of access to information may be appealed in front of the Administrative or Supreme Court. The amendment to Article 40 in 2018 made information requests unable to be subjected to a cassation appeal.