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Freedom of information laws by country

Legal frameworks for the right to know

  • 60 min read
  • 3 chapters

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Through Freedom of information, Public sector and Universal Declaration of Human Rights

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. Historically, freedom of information laws were rare. Aside from Sweden, no other state had them until after the UN’s 1948 Universal Declaration of Human Rights. Freedom of information laws increased substantially from the 1990s onwards. A dozen states had freedom of information laws in 1990, whereas more than 85 had them by 2011.

Introduction

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. Only after the UN’s 1948 Universal Declaration of Human Rights, did other states begin adopting freedom of information laws.

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.

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