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^{Trayko Popov}

Recognizing the significance of access to information, the 74th UN General Assembly proclaimed 28 September as the International Day for Universal Access to Information (IDUAI) at the UN level in October 2019.

1. Why is freedom of information an important human right?

International human rights law specifically recognizes the right to access to information. Article 19 of the International Covenant on Civil and Political Rights, echoing article 19 of the Universal Declaration of Human Rights, protects everyone's right to seek, receive and impart information of all kinds.  States have an obligation to respect and ensure everyone enjoys this right without distinction.

2. Why is it essential to the flourishing of democracy?

Access to Information Laws enable:

• Public authorities be accountable and transparent. For example, proper implementation of Access to Information law means action can be taken against public authorities with consistently poor performance in the field of access to information.
• Citizens to participate more fully in public life. For example, when a government plans to build a road, everyone nearby is given a chance to participate in discussions about it; citizens are invited to participate in town hall meetings, and government-held information about the development of the road, such as the way it will affect traffic and any environmental reports, is made available online.
• Governments to build trust in public institutions. During the COVID-19 pandemic, governments published their responses to the pandemic saving lives.
• Human rights bodies to be part of the decision-making process which ensures that algorithms do not discriminate against marginalized groups.

3. What kind of information has been made public in countries implementing Access to Information laws?

• Marthaline Nuah, lives in a village in northeastern Liberia and is eager to pursue her education. By listening to the radio, she learnt about her right to request public information and formulated an information request with the Ministry of Education to learn about available scholarships to assist with school fees. The information provided helped her apply for a scholarship.
• In Brazil, the government proactively published its budgetary information online in compliance with the law. Media outlets have used this information to enhance supervision of governmental programmes, spot inconsistencies and expose corruption and wrongdoings.

4. How, practically, does a citizen exercise his/her right to information?

A citizen first needs to send a written request to the relevant public body. It is important to be as specific as possible with regard to the information that you seek, such as the authority that holds the information or the date when the record was created.  Some Access to Information Laws specify how long public institutions have to process the requests of citizens.  If a citizen does not receive the information requested, citizens can normally complain to the information commissioner. 

Access to Information laws also requires authorities to be proactive in putting information of public interest into the public domain, without the need for requests.

5. Can too many exemptions from Access to Information Laws, or provisions for Ministerial vetos render such laws meaningless?

Limited exemptions must be based on narrow, proportionate, necessary and clearly defined limitations.  Exceptions should apply only where there is a risk of substantial harm to the protected interest and where the harm is greater the overall public interest in having access to the information. Bodies should provide reasons for any refusal to provide access to information. The 2022 UNESCO survey on Access to Information, found that most countries evoke national security, privacy and legitimate commercial and other economic interests as permissible exceptions.

6. Does ‘implementation’ of Access to Information Laws include the obligation to inform the public of their rights as well as explaining how to exercise them ?

In response to the annual UNESCO survey on access to information, information commissioners reported that their activities include the provision of implementation guidance and/or offered training to officials from public bodies. The majority of them also engage in activities to raise public awareness. The right to access to information forms part of media and information literacy skills so that young people can know the law, how to formulate an information request and how to appeal if their right is not respected.

On 28 September 2022, International Day for Universal Access to Information, UNESCO publishes its annual Report, on Public Access to Information based on a survey of 123 countries and territories.

URL:

https://www.unesco.org/en/articles/what-you-need-know-about-access-information