Access to Public Information

What is it all about?

The effectiveness of public participation is directly related to the information available. Lack of information or misinformation substantially affects the quality of public participation.

The existence of tools for public participation and citizen control are not enough. Citizens need access to information in order to choose the most viable mechanism to deal with the problem at hand.

Due to this, most modern democracies have institutionalized mechanisms related to specific ways to access information.

Let's look at some conceptual clarifications:

• Free access to information is not equivalent to the "publication of the acts of government". The first concept is a right by which any person can access the information wanted, and the second one is the duty of the State to let the public know its decisions: bills, laws, rules, resolutions, etc.

• Free access to information allows any person access to the documentation of public records, meeting minutes, correspondence, technical reports, scientific surveys or any other documentation financed by public budgets. It also comprises information about policies, programs, plans and projects; information about various decision-making petitions, opportunities to make oral or written comments, and public and technical organizations´ opinions.

The theoretical ground to freely access information is based on the nature of it being public. It deals with relevant information regarding life and decisions affecting the community as a whole.

Generally, this right draws on access to information administered by the State. Access to information involves the right to select documentation from the moment of its existence as part of a record. That is to say, it lets any person select the aimed document without any previous justification. A requisition is enough to receive the information.

Some restrictions on the right to freely access information:

• This right does not include preliminary drafts of documents.

• This right is limited by the protection of other rights or collective values: privacy protection, commercial and industrial confidentiality, national defense, international negotiation, etc.

• In the case of a legal process, the restrictions on public access to information are determined in order to guarantee due process.

• Generally, the legislation that institutionalizes and regulates access to information establishes a detailed regime of exceptions.

• How to access information?
• What aspects does this right embrace?
• Some precedents

 

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