Leafy Campus
Huntingdon College: program in Political Science and Public Affairs: FOIA Research Index.
Privacy International's International News and Developments, June '04.
By David Banisar, Harvard U.
page by Jeremy Lewis, PhD, revised 12 July 2004.
Provided for fair academic purposes only.
  • FOIA NEWS 2002-2004
  • Previous FOIA News (1999-2002)
  • Internet Effect, researchers' page
  • My Professional Writings

  •                        Czech court rejects initiative to ease restrictions on classified
                           information.
                           The Czech Constitutional Court on 11 February rejected an initiative from
                           Ombudsman Otakar Motejl that would have compelled the Foreign
                           Ministry to publish information classified by the ministry as "sensitive
                           political, security, and economic information concerning international
                           relations," CTK reported. The presiding judge said approval of the
                           initiative could threaten the Czech Republic's ability to protect sensitive
                           information. The judge also said international organizations might hesitate
                           to provide the Czech Republic with classified information. Motejl, acting
                           on a proposal forwarded to the government by former Human Rights
                           Commissioner Petr Uhl, argued that citizens should have access to all
                           information that it is not strictly necessary to protect in a state based on
                           the rule of law. While conceding that current regulations could "in theory"
                           lead to abuse, the judge said citizens may appeal to the courts if they
                           suspect such abuse. MS (RFE/RL Newsline, 12 February 2004)
     

                           Argentine President Issues FOI Regulation
                           On 3 December 2003, President Kirchner issued Decree 1172/2003
                           which sets regulations on notice for proposed rulemaking procedures,
                           access to public information, and publicity of meeting of public services
                           controlling bodies.The regulations apply only to the Executive, its
                           agencies, and the private companies in charge of a public service or that
                           receive federal funds Every citizen is entitled to require public information.
                           No specific interest is required. Access to the information is free, except
                           for the cost of obtaining the copies of the documents. The requested
                           agency must provide the information in ten days. Access to the
                           information can be denied only if there is a clear exception in the decree.
                           Denial gives the right to lay a claim before a federal judge who may
                           compel the administration to provide the information.
     

                           Turkish President Signs FOI Law
                           President Ahmet Necdet Sezer signed the Right to Information Law on 24
                           October 2003. The law gives citizens the right to demand information
                           from government bodies. They must respond in 15 days. A Board of
                           Review of the Access to Information is to be created to hear appeals. It
                           goes into effect 24 April 2004. See the Freedom of Information in Turkey
                           site for more information.
     

                           Indian Parliament Approves FOI Bill
                           The Rajya Sabha approved the Freedom of Information Bill, 2002 on 17
                           December by a unanimous voice vote. The bill allows for Indian citizens to
                           access records held by the Government. However, there is no
                           independent monitoring body, the Official Secrets Act is not repealed and
                           there are no penalties for govt officials who refuse to provide information.
                           (The Hindu, 17 December 2002).
     

                           Pakistan Approves FOI Ordinance
                           The government on 21 September promulgated the Freedom of
                           Information Ordinance 2002. The law allows for individuals to ask for
                           information from government officials but also includes broad exemptions
                           to restrict release of information. The Consumer Rights Commission of
                           Pakistan welcomed the law describing it as a "a milestone in the struggle
                           of civil rights in Pakistan."

                              Taiwan Cabinet Approves FOI Bill
                           The Executive Yuan approved the Law on Opening Government
                           Information on 4 September.The bill requires the release of treaties, laws
                           and regulations, contact information for government agencies, research
                           papers, budgetary books and procurement contracts for public projects.
                           Government information that should not be made public would include
                           national secrets, yet-to-be-developed government policies and pending
                           legal cases. The bill now goes to the Legislative Yuan for approval.
                           (Taipei Times, 5 September 2002).

                              Slovakian Parliament Votes to Release Secret Police Files
                           The parliament on 19 August overrode President Rudolf Schuster's veto
                           and approved a law on opening the files of the communist secret police,
                           TASR and international agencies reported. The vote was 82 in favor and
                           10 against, with 20 deputies abstaining or failing to cast a vote. The law
                           was first passed on 10 July. The legislation keeps classified only the files
                           of foreign nationals, those whose disclosure could "pose a threat to
                           human life and public interest," and the personal data of people
                           persecuted by the former secret police. The law also sets up an Institute
                           for National Memory, where citizens can read the files. The institute will
                           also gather documents on the crimes of the communist period, as well as
                           the period when Slovakia was a Nazi puppet state. (RFE/RL, 21 August
                           2002).

                              Czech Cabinet Rejects FOI Improvement
                           On 5 August, the Czech cabinet rejected a Senate-sponsored
                           amendment to the law on free access to information under which people
                           would have easier access to information they demand from the
                           authorities, CTK reported. Under the rejected amendment, costs
                           individuals have to cover for information demanded from civil servants
                           would have been substantially reduced and civil servants would not have
                           been allowed to refuse information on the grounds of protecting business
                           secrets or personal data. (RFE/RL, 6 August 2002).

                              Jamaica, Peru Approve FOI laws. New PI Global FOI Survey
                           The Jamaican Parliament approved the Access to Information Act 2002
                           on 28 June after a tough vote in the Senate. (Jamaican Observer, 30
                           June 2002). The Peruvian Congress passed the Access to Information
                           Law on 29 June. See the new Privacy International global survey of 45
                           countries with FOI laws at the freedominfo.org site.

                              Mexican Congress Approves Freedom of Information Act.
                           The Mexican Senate approved the Freedom of Information Act on April
                           30 by a vote of 86-0. The bill requires government agencies to release
                           information on their activities and creates a "Federal Institute for Access
                           to Public Information". The lower house approved it unanimously the
                           previously week and it now goes to President Fox for signature.
                           (Washington Post, May 1, 2002). President Fox also made his financial
                           information available on the Internet called "Declaranet" on May 2. (VOA
                           News, May 3, 2002).

                              Czech Senate Approves Access to Police Files Law.
                           Senate on 8 March approved a bill by a vote of 42 to 11, with nine
                           abstentions, allowing access to previously classified communist secret
                           police files, international agencies reported. The Chamber of Deputies
                           approved the bill last month and the legislation will be enacted after its
                           promulgation by President Vaclav Havel. Czech citizens have been able
                           to access their own files since 1996, but not the files of other people. The
                           new legislation excludes from access only files of foreign nationals and
                           those containing information that could endanger national security or the
                           lives of other people. The bill stipulates that a new Institute for the
                           Documentation of the Totalitarian Regime will oversee access to the files
                           and ensure the transparency of the process. (RFE/RL, March 14, 2002).

                              COE Releases FOIA Recommendations.
                           The Council of Europe Committee of Ministers released
                           Recommendations for Freedom of Information on 21 February 2002. The
                           recommendations call for member countries to adopt laws on access to
                           information to allow citizens access to records held by government
                           bodies.

                              Czech Parliament Approves Free Access to Secret Police Files.
                           The Chamber of Deputies approved a law on 8 February that will allow
                           adult citizens access to any files of the former communist secret police,
                           upon written request, CTK and international agencies reported. Files of
                           foreign nationals, as well as files whose content could endanger state
                           security or human life, will remain classified. The vote was 102 in favour
                           and 53 against. The ruling Social Democratic Party's vote was split, with
                           CSSD Chairman Vladimir Spidla voting against and Prime Minister Milos
                           Zeman being absent when the vote was taken. While CSSD Deputy
                           Premier Pavel Rychetsky interpreted the law as giving access only to
                           those on whom files were kept by the StB, Civic Democratic Party
                           parliamentary deputy Marek Benda said the law allows free access to the
                           files to any person aged 18 and over. (RFE/RL, Feb. 11, 2002).


                                               
    Previous FOIA News (1999-2002)
                           Indian Parliament Approves FOI Bill
                           The Rajya Sabha approved the Freedom of Information Bill on 17
                           December by a unanimous voice vote. The bill allows for Indian citizens to
                           access records held by the Government. However, there is no
                           independent monitoring body, the Official Secrets Act is not repealed and
                           there are no penalties for govt officials who refuse to provide information.
                           (The Hindu, 17 December 2002).
     

                           Pakistan Approves FOI Ordinance
                           The government on 21 September promulgated the Freedom of
                           Information Ordinance 2002. The law allows for individuals to ask for
                           information from government officials but also includes broad exemptions
                           to restrict release of information. The Consumer Rights Commission of
                           Pakistan welcomed the law describing it as a "a milestone in the struggle
                           of civil rights in Pakistan."

                              Taiwan Cabinet Approves FOI Bill
                           The Executive Yuan approved the Law on Opening Government
                           Information on 4 September.The bill requires the release of treaties, laws
                           and regulations, contact information for government agencies, research
                           papers, budgetary books and procurement contracts for public projects.
                           Government information that should not be made public would include
                           national secrets, yet-to-be-developed government policies and pending
                           legal cases. The bill now goes to the Legislative Yuan for approval.
                           (Taipei Times, 5 September 2002).

                              Slovakian Parliament Votes to Release Secret Police Files
                           The parliament on 19 August overrode President Rudolf Schuster's veto
                           and approved a law on opening the files of the communist secret police,
                           TASR and international agencies reported. The vote was 82 in favor and
                           10 against, with 20 deputies abstaining or failing to cast a vote. The law
                           was first passed on 10 July. The legislation keeps classified only the files
                           of foreign nationals, those whose disclosure could "pose a threat to
                           human life and public interest," and the personal data of people
                           persecuted by the former secret police. The law also sets up an Institute
                           for National Memory, where citizens can read the files. The institute will
                           also gather documents on the crimes of the communist period, as well as
                           the period when Slovakia was a Nazi puppet state. (RFE/RL, 21 August
                           2002).

                              Czech Cabinet Rejects FOI Improvement
                           On 5 August, the Czech cabinet rejected a Senate-sponsored
                           amendment to the law on free access to information under which people
                           would have easier access to information they demand from the
                           authorities, CTK reported. Under the rejected amendment, costs
                           individuals have to cover for information demanded from civil servants
                           would have been substantially reduced and civil servants would not have
                           been allowed to refuse information on the grounds of protecting business
                           secrets or personal data. (RFE/RL, 6 August 2002).

                              Jamaica, Peru Approve FOI laws. New PI Global FOI Survey
                           The Jamaican Parliament approved the Access to Information Act 2002
                           on 28 June after a tough vote in the Senate. (Jamaican Observer, 30
                           June 2002). The Peruvian Congress passed the Access to Information
                           Law on 29 June. See the new Privacy International global survey of 45
                           countries with FOI laws at the freedominfo.org site.

                              Mexican Congress Approves Freedom of Information Act.
                           The Mexican Senate approved the Freedom of Information Act on April 30
                           by a vote of 86-0. The bill requires government agencies to release
                           information on their activities and creates a "Federal Institute for Access
                           to Public Information". The lower house approved it unanimously the
                           previously week and it now goes to President Fox for signature.
                           (Washington Post, May 1, 2002). President Fox also made his financial
                           information available on the Internet called "Declaranet" on May 2. (VOA
                           News, May 3, 2002).

                              Czech Senate Approves Access to Police Files Law.
                           Senate on 8 March approved a bill by a vote of 42 to 11, with nine
                           abstentions, allowing access to previously classified communist secret
                           police files, international agencies reported. The Chamber of Deputies
                           approved the bill last month and the legislation will be enacted after its
                           promulgation by President Vaclav Havel. Czech citizens have been able
                           to access their own files since 1996, but not the files of other people. The
                           new legislation excludes from access only files of foreign nationals and
                           those containing information that could endanger national security or the
                           lives of other people. The bill stipulates that a new Institute for the
                           Documentation of the Totalitarian Regime will oversee access to the files
                           and ensure the transparency of the process. (RFE/RL, March 14, 2002).

                              COE Releases FOIA Recommendations.
                           The Council of Europe Committee of Ministers released
                           Recommendations for Freedom of Information on 21 February 2002. The
                           recommendations call for member countries to adopt laws on access to
                           information to allow citizens access to records held by government
                           bodies.

                              Czech Parliament Approves Free Access to Secret Police Files.
                           The Chamber of Deputies approved a law on 8 February that will allow
                           adult citizens access to any files of the former communist secret police,
                           upon written request, CTK and international agencies reported. Files of
                           foreign nationals, as well as files whose content could endanger state
                           security or human life, will remain classified. The vote was 102 in favour
                           and 53 against. The ruling Social Democratic Party's vote was split, with
                           CSSD Chairman Vladimir Spidla voting against and Prime Minister Milos
                           Zeman being absent when the vote was taken. While CSSD Deputy
                           Premier Pavel Rychetsky interpreted the law as giving access only to
                           those on whom files were kept by the StB, Civic Democratic Party
                           parliamentary deputy Marek Benda said the law allows free access to the
                           files to any person aged 18 and over. (RFE/RL, Feb. 11, 2002).

                              UK Delays Implementing FOI Act Until 2005. The government
                           announced on November 13, 2001 that it was delaying the access to
                           records provisions of the Freedom of Information Act 2000 until January
                           2005. The publication schemes will begin in 2002. The Lord Chancellor's
                           Department released on November 30 its annual report to the Parliament
                           on the implementation of the act. CFOI press release on delay. CFOI
                           briefing on problems caused by delay.

                              Czech Government Opposed to Opposition Bill on Gauck-Like
                           Office. Governmental spokesman Libor Roucek said on 14 November
                           that the cabinet is opposed to a bill submitted by deputies from the ODS,
                           the Christian Democrats, and the Freedom Union envisaging the setting
                           up of the Office for the Documentation of the Totalitarian Regime modeled
                           on the similar "Gauck office" which operates in Germany. The bill drafted
                           by opposition representatives envisages establishing an office that would
                           administer and process all the files of the communist secret police and
                           would publish reports on the work of that force under the communist
                           regime. Roucek said the cabinet considers the draft bill infringes on the
                           personal-data protection law and on the Charter of Fundamental Rights
                           and Freedoms, as the office would make available documents to anyone
                           expressing an interest in examining them. (RFE/RL, 15 November 2001).

                              Romania Approves FOIA Law
                           The Romania Parliament approved the "Law on the Free Access to the
                           Information of Public Interest" on October 12, 2001. The law allows
                           individuals to request information of "public information" held by
                           government departments and requires government departments to
                           responded to requests and provide information about their activities within
                           30 days. The law goes into effect 60 days from enactment.

                              Polish Senate Approves FOIA Law
                           The Senate approved the "Bill on Public Information" with changes on
                           August 29 and it sent it back to the Sejm for final approval. The act
                           provides for access to records held by government agencies and private
                           actors performing public duties. Agencies will be required to public
                           information in the Public Information Bulletin. The law will go into effect on
                           January 1, 2002. (PAP, August 29, 2001).

                                Bosnia Approves FOIA Bill.
                           The Governments of Bosnia-Herzegovina have approved the Freedom of
                           Access to Information Law developed by the Organization for Security and
                           Cooperation in Europe (OSCE) The law is considered very strong and
                           includes the creation of an information commission and a requirement that
                           information can only be withheld if harm can be shown and it is not in the
                           public interest to release the information. (IJ Net, July 2, 2001).

                                Serbia Opens Secret Police Files.
                           The State Security Department announced on June 18 that they were
                           opening their files gathered under the Milosevic regime. Individuals are
                           allowed to see their files but not copy or take home documents. Many files
                           had been destroyed before the current government took control.
                           (Associated Press, June 18, 2001).

                                German Govt Announces FOIA Effort.
                           The Federal Ministry of the Interior announced a proposal and released a
                           draft Federal Freedom of Information Act. Many documents are excluded
                           from the bill including drafts and notes. The Data Protection Commission
                           will enforcement the act. The Ministry has set up an online discussion
                           forum.

                                EU Releases Final Openness Regs.
                           The European Union published its regulation (PDF) on public access to
                           official documents held by the Parliament, Commission and Council on
                           May 30, 2001. The reg is required by the Treaty of Amsterdam. It was
                           heavily criticised by openness groups as being inadequate. See the
                           Statewatch Secret Europe Page for more information.

                                UK Approves FOIA Bill
                           The Freedom of Information Act 2000 received Royal Assent on
                           December 1. Home Secretary Jack Straw cut off Parliamentary debate on
                           the act after the opposition offered 118 amendments to improve the act.
                           See the CFOI Pages on the act. (The Guardian, 1 December 2000).

                                EU Guts Access to Information.
                           The European Union on August 14 adopted new rules to limit access to
                           official EU documents. Documents concerning security, defence, military
                           and non-military crises management can now be withheld. Heidi Hautala
                           MEP, leader of Green Group of MEPs, said the proposal was: "NATO
                           introducing its culture of secrecy by the backdoor." See the Statewatch
                           Secret Europe Page for more information.

                                India Govt Introduces FOIA Bill.
                           The Indian Government introduced a long-awaited Freedom of Information
                           bill into the Parliament on July 26. However, the bill is considered
                           extremely weak and unlikely to improve access to government
                           information. (Times of India, July 27, 2000).

                                Bulgaria Approves FOIA Law.
                           The Bulgarian Parliament approved the Access to Public Information Bill
                           on June 22. The bill authorizes access to government records and
                           imposes sanctions for non-disclosure. (Sofia BTA, June 22, 2000).

                                Poland to Open Communist Secret Police Files.
                           The Polish Parliament appointed Leon Kieres, a lawyer and independent
                           senator, to head the National Memory Institute. The IPN will now take
                           control of all archives of the communist-era security service and those of
                           courts, prosecutors' offices, the former communist party and other
                           institutions. "It will take several months before the opening of the first file,"
                           said Zak. Poles will be allowed to see their personal files compiled by the
                           authorities before 1989 and learn if they suffered from discrimination and
                           possibly who informed on them. (Reuters, June 8, 2000).

                                Fight for EU FOIA Increases.
                           European Union Ombudsman Jacob Söderman published an opinion in
                           the Wall Street Journal-Europe critical of the current plans for openness in
                           the EU in February as being too limited.EU President Romano Prodi
                           responded in the WSJ-E defending the process. See the text of the
                           pieces and Statewatch's comments at the Secret Europe pages.

                                South Africa Approves Access to Information Bill.
                           The South African Parliament approved the "The Promotion of Access to
                           Information Bill" (formerly named the Open Democracy Bill) on January
                           21, 2000. The bill allows any person to access almost all information held
                           by government bodies. It also allows individuals to access their records
                           held by companies and others. The President signed the bill on Feb. 4.
                           Parliamentary Monitoring Group page of drafts and submissions. (The
                           Mail and Guardian, 28 January 2000).

                                UK Government Under Fire for Freedom of Information Draft.
                           Home Secretary Jack Straw's introduced the UK draft FOI act for
                           consultation in May 1999.The draft act would allow for access to
                           government records and would create an Information Commissioner (also
                           the Data Protection Commissioner) to enforce the act. An initial draft was
                           strongly criticized by many politicians across the political spectrum and
                           NGOs as being insufficient and weaker than the existing code of practice.
                           195 Members of Parliament signed a Parliamentary motion calling for
                           major improvements. Two select committees, in the Commons and the
                           Lords, recommended sweeping changes. The Campaign for Freedom of
                           Information, Charter 88 and 23 other organizations started a campaign to
                           strengthen the law in June 1999. Following the criticism, Home Secretary
                           Jack Straw indicated a willingness to strengthen some of the provisions.
                           The revised bill still has many broad exemptions. See the CFOI Pages on
                           the bill.

                                   ROMANIA TO MAKE SECURITATE ARCHIVES PUBLIC.
                           The Romanian Chamber of Deputies on 25 May 1999 announced it will
                           allow the publication of documents on the activities of the communist-era
                           secret service, the Securitate, according to a 26 May Mediafax report
                           cited by the BBC. In addition, citizens will be able to look at their
                           Securitate files by sending a written request to the National Council for
                           Studying the Securitate Archives. (RFE/RL, May 27, 1999).

                                POLISH PARLIAMENT AMENDS LUSTRATION LAW.
                           The Parliament on 20 May 1999 passed an amendment to the lustration
                           law that will grant authorized employees of the Lustration Prosecutor's
                           Office access to the archives of the communist secret services. Until now,
                           such access was restricted to Interior Ministry and State Protection Office
                           officials. (RFE/RL, May 21 1999).

                                Czech Republic Approves Freedom of Information Law.
                           The Czech Parliament approved a new Freedom of Information Law on
                           May 11, 1999. Under the new law, all citizens will have the right to be
                           provided with information by the state and local administrative bodies,
                           and some other institutions. (The Prague Post, May 19, 1999).

                              Japan Approves Freedom of Information Law.
                           The Parliament approved a Freedom of Information Act on May 7, 1999.
                           The new act allows individuals to request documents from national
                           ministries and agencies. Those requests can be turned down if they touch
                           on military, diplomatic or police matters or personal privacy. The law has
                           two years before it goes into effect. (Associated Press, May 7, 1999).

                            



                           Other Resources

                              Council of Europe Recommendations on Freedom of Information,
                           February 2002.

                              Article XIX, Freedom of Information as an Internationally Protected
                           Human Right, 2000.

                              Article XIX, Model Freedom of Information Law, August 2001.
                           The model law is designed to assist countries that are considering
                           adopting freedom of information laws. The law contains many of the
                           structures and provisions of national acts that are considered effective or
                           innovative at promoting access. According to Article 19, the law is based
                           the "best practices" of laws and pending bills from the UK, South Africa,
                           Canada, Ireland, New Zealand, Nigeria, and India and also includes new
                           provisions developed by Article 19 based on their experiences.