|
|
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).
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).
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.