Transparency
Exercising the right to access official documents grants the transparency needed in order to formulate policy recommendations. By requesting access to official documents in various jurisdictions we lay the foundation for our comparative analysis and research. Transparency is a central pillar of every democratic society. Without transparency there can be no informed public discourse. Human rights like the right to freedom of expression and the freedom of research can only be exercised meaningfully by having access to public information.
«A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own governors, must arm themselves with the power which knowledge gives.»
James MadisonLetter from James Madison to W.T. Barry (August 4, 1822), in The Writings of James Madison (Gaillard Hunt ed.).
The freedom of information is stated in Article 10 of the European Convention on Human Rights (ECHR) and in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). The right to access official documents is a cornerstone of the human right to freedom of information. The Tromsø-Convention of the Council of Europe Convention on Access to Official Documents (CETS No. 205) is the first binding international legal instrument to recognize to everyone the right to access official documents held by public authorities without discrimination and regardless of the requester's status or motives in seeking access. However, its ratification remains limited.
The right to access official documents is granted by different national jurisdictions:
The right to access official documents is granted by different national jurisdictions:
European Union
Under Article 15 of the Treaty on the Functioning of the European Union (TFEU), citizens and residents of EU countries have a right of access to the documents of the European Parliament, the Council and the European Commission. This means citizens can obtain documents held by the Commission and other institutions, including legislative information, official documents, historical archives and meeting minutes and agendas.
USA
The Freedom of Information Act (FOIA) provides the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society.
Germany
The Freedom of Information Act (Infromationsfreiheitsgesetz, IFG) establishes an unconditional right to access official information held by federal authorities.
France
The principles governing the exercise of the right of access to administrative documents are laid down in Article 4 of Law No. 78-753 of July 17, 1978, on various measures to improve relations between the administration and the public and various administrative, social, and fiscal provisions.
Italy
Access to administrative documents is governed by Law No. 241 of August 7, 1990 (Articles 22 to 27).
Switzerland
The Federal Act on Freedom of Information in the Administration states in article 6 that any person has the right to inspect official documents and to obtain information about the content of official documents provided that no exception (see art. 7-9) applies.