 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).
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