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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 (in the United States), 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.
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.
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" (Ligji nr. 119/2014 "Për të drejtën e informimit"). 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.
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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 (in the United States), 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.
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.
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" (Ligji nr. 119/2014 "Për të drejtën e informimit"). 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.