Access to Information

2014 ◽  
pp. 126-144
Author(s):  
Monica Teresa Sousa ◽  
Leonardo Valles Bento
Keyword(s):  
Good Governance ◽  
Public Information ◽  
Access To Information ◽  
Federal Law ◽  
Public Authorities ◽  
Governmental Agencies ◽  
Private Interests ◽  
Information Law ◽  
Right To Information ◽  
The Right

Right to information means the right of citizens to have access to information produced by, or held by, public/governmental agencies. This chapter intends to analyze the legal grounds of the right to access to information in Brazil as compared to the best international practice. One of the main risks to good governance and democracy is the use of public resources for private purposes, and the development of new communication technologies, especially the Internet, has revolutionized the manner in which the public interacts with the information available, impacting democratic practices. In November 2011, the adoption of Federal Law 12,527 made Brazil the 89th country in the world, and the 19th in Latin America, to adopt specific legislation implementing the right to access to public information. In Brazil, public authorities, especially the courts, tend to accept easily the allegations of violation of privacy and defamation of those whose interests are harmed or threatened by the broadcasting of information. In the conflict between access to information and private interests, the latter has prevailed. In this context, the Access to Information Law has become a relevant policy to the Brazilian civil society to strengthen and consolidate a democratic political culture and promote institutional maturity.

EXPLORING RIGHT TO INFORMATION AND GOOD GOVERNANCE IN PAKISTAN: A SOCIOLOGICAL PERSPECTIVE

2021 ◽  
Vol 37 (04) ◽  
pp. 469-484
Author(s):  
Muhammad Kamran ◽  
Irfan Ullah ◽  
Muhammad Kaleem
Keyword(s):  
Civil Society ◽  
Good Governance ◽  
Public Information ◽  
Study Data ◽  
Main Theme ◽  
Public Information Officers ◽  
Information Law ◽  
The Government ◽  
Right To Information ◽  
The Right

The study attempted to analyze the role of right to information in ensuring good governance in Pakistan. The study objectives were to investigate the experiences of public information officers and civil society actors regarding the right to information contribution to good governance and to analyze the challenges in the implementation of right to information law. For the selection of sampling size, purposive sampling was used and data were collected from 11 ministries public information officers and 3 civil society actors through in depth interviews in Islamabad, Pakistan. Being qualitative study, data were analyzed by using thematic analyses. Jurgen Habermas theory of ‘Public Sphere” was used to throw light on main theme of the study. The findings indicated that right to information is an effective tool in promoting good governance along with all its features like, accountability, transparency, mutual trust between the government and general public, common man facilitation, rule of law and corruption elimination. Study concluded that right to information would be an effective tool in promoting the good governance only when hurdles that prevent it from its true implementation were removed.

scholarly journals Freedom of Information and Citizens’ Perception in Albania

2018 ◽  
Vol 4 (2) ◽  
pp. 212-219
Author(s):  
Ardita Shehaj
Keyword(s):  
Good Governance ◽  
Public Awareness ◽  
Public Information ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Citizen Education ◽  
Information Law ◽  
Constitutional Right ◽  
Right To Information ◽  
The Right

Abstract Transparency and the right to information are among the most important components of good governance, strong and stable democracy, citizen’s participation and the fight against corruption. The right to information is a constitutional right that is guaranteed not only by freedom of information law but also from the Albanian constitution. This legal framework is ranked 6th in the world and guarantees not only citizens right to access public information but also obliges institutions to proactively disclose information. Beside the fact that the Albanian legal framework is a very good one, it is very important to know citizens perception regarding the necessity of this right. For this reason, a survey was conducted and the data show that citizen education and their contact with the law are not enough for the proper implementation of this law. Public awareness is needed not only to explain how to exercise the right to access information but especially to explain the importance of this law in the fight against corruption.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals The Conflicting Implications of the Right to Information as Recognised by Public International Law

2018 ◽  
Vol 24 (2) ◽  
pp. 212-220
Author(s):  
Bilyana Borisova Manova
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Public Affairs ◽  
Private Life ◽  
Public Access ◽  
Access To Information ◽  
Public Authorities ◽  
Political Processes ◽  
Right To Information ◽  
The Right

Abstract The present article outlines the most significant stages in the gradual development of international law towards a recognition of a right to information. It explores the instruments and judicial decisions in which this right has been acknowledged as well as the conditions under which it may be exercised including the categories of requesters entitled to it, the kinds of information that may be accessed and the purposes of such access. The article further examines the manifold and often conflicting aspects of the right to information and its relation to concepts such as democracy, security, freedom of expression, right to private life, corporate secrets, investigating journalism and whistleblowers. In particular, it analyses the importance of the access to information about the exercise of political power by public authorities and the crucial role it should play in enabling wellfunctioning democratic societies where responsible government, public scrutiny over the political processes and a right to an informed participation in public affairs is effectively guaranteed to all citizens. However, the risks that the public access to information poses to national security and to the well-recognized right to private life are also taken into account

scholarly journals The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation

IIUC Studies ◽  
2012 ◽  
Vol 7 ◽  
pp. 73-90
Author(s):  
Mohammad Hasan Murad ◽  
Kazi Arshadul Hoque
Keyword(s):  
Freedom Of Information ◽  
Access To Information ◽  
Knowledge Based ◽  
The People ◽  
Democratic State ◽  
The Right To Know ◽  
Information Law ◽  
Right To Information ◽  
The Right ◽  
Right Of Access

Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and people’s right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the ‘right to know,’ is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of people’s right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90

scholarly journals INTERAÇÕES ENTRE DIREITO FUNDAMENTAL À INFORMAÇÃO E DEMOCRACIA PARA O CONTROLE SOCIAL: UMA LEITURA CRÍTICA DA LAI A PARTIR DA EXPERIÊNCIA DOS PORTAIS DE TRANSPARÊNCIA DOS MUNICÍPIOS DO RIO GRANDE DO SUL

2018 ◽  
Vol 23 (3) ◽  
pp. 126
Author(s):  
Caroline Muller Bittencourt ◽  
Janriê Rodrigues Reck
Keyword(s):  
Rio Grande ◽  
Scientific Article ◽  
Access To Information ◽  
Web Portals ◽  
Rio Grande Do Sul ◽  
Information Law ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
The Web

Trata-se de artigo científico voltado à definição do direito à informação e à transparência, e suas relações com a Democracia e o controle social, e a partir dessa perspectiva proceder críticas aos portais de transparência de Municípios ante os dados coletados no Rio Grande do Sul em sua execução da Lei de Acesso à Informação, permitindo apontar críticas a própria Lei. O problema que envolve este trabalho é: quais as críticas que podem ser formuladas à Lei de Acesso à Informação a partir da experiência dos portais de transparência com base em uma leitura complexa da interação acesso à informação e Democracia? O objetivo é demonstrar que os portais não atendem satisfatoriamente um conceito rigoroso de democracia, e que parcial responsabilidade pode ser atribuída à Lei de Acesso à Informação. O método de procedimento da pesquisa foi o bibliográfico na parte do artigo, e empírico, com consultas aos portais, classificação e crítica, na segunda. This is a scientific article focused on the definition of the right to information and transparency, and its relations with Democracy and social control, around the transparency portals of Municipalities of Rio Grande do Sul in its implementation of the Access to Information Law. The problem that involves this work is: what criticisms can be made to the Access to Information Law from the experience of transparency web-portals based on a complex reading of the interaction access to information and Democracy? The objective is to demonstrate that the portals do not meet satisfactorily a strict concept of democracy, and that partial responsibility can be attributed to the Access to InformationLaw. The method of procedure of the research was the bibliographical in the first part of the article, and empirical, with queries to the web-portals, classification and criticism, in the second.

Adjudicators of the RTI Regime: A Critical Analysis of the Performance of State Information Commission, Haryana

2018 ◽  
Vol 64 (4) ◽  
pp. 717-731
Author(s):  
Rajkumar Siwach
Keyword(s):  
Voluntary Disclosure ◽  
Public Information ◽  
Vital Role ◽  
Public Authorities ◽  
State Information ◽  
State Commission ◽  
Public Information Officers ◽  
Right To Information ◽  
The Right

The Right to Information (RTI) Act, 2005, has ushered in a new era of transparent governance. It makes citizens more resourceful and powerful to expose to the public the maladministration in public authorities. But this task is challenging due to prevailing culture of secrecy and lackadaisical attitude of Central Public Information Officers/State Public Information Officers (CPIOs/SPIOs), who act as hubs to implement information regime. To regulate their duties, arrangement has been made to constitute Central Information Commission (CIC) and State Information Commissions (SICs). Their vigilant observation and fair outlook play a vital role in establishing corruption-free governance. This article examines the adjudicatory role of Haryana State Information Commission by selecting the data from 2005 to 2018 with regard to disposal of enquiries, complaints and appeals. After presenting the powers and functions of the State Commission, year-wise data are presented in tabular form to have a look at the performance of the commission in dealing with the RTI applications. Besides, a brief summary is also given presenting the number of delinquent SPIOs, who have not deposited the penalties imposed by the commission. It is a serious challenge before the commission. On this critical aspect, facts and arguments are discussed to assess the role of the full commission and individual commissioners in disposal of RTI matters. Due to lacklustre performance of the commission to ensure voluntary disclosure compliance and speedy disposals, the author feels concerned and opines that if these disquieting trends are not nipped in bud, then the commission may come to be perceived as a mere scarecrow.

scholarly journals LEGAL AND INSTITUTIONAL FRAMEWORK IN THE FIELD OF USE OF INFORMATION AT THE INTERNATIONAL REGIONAL LEVEL

2020 ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
Regional Level ◽  
Access To Information ◽  
Special Rapporteur ◽  
Council Of Europe ◽  
Model Law ◽  
Right To Information ◽  
The Right

The article analyzes international legal acts (American Convention on Human Rights, Inter-American Model Law on Access to Public Information, Model Law on Access to Information for Africa, Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on Freedom of Expression and Information, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Recommendations of the Committee of Ministers of the Council of Europe, Model Law on Informatization, Information and Information Protection, Model Inform Codes for the CIS member states, etc.) adopted within the framework of international intergovernmental organizations (Organization of American States, African Union, Council of Europe, Commonwealth of Independent States, etc.) at the regional level regarding the right to information. It is stated that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media. Attention is paid to the issue of access to public information that is in the use, possession or control of any government agency, including the types of information to be published (organizational structure, functions, responsibilities, procurement procedures, complaint mechanisms, etc.); the article analyzes the procedure for responding to requests for access to public information by public authorities. Attention is drawn to the respect for the right to information in the aspect of use of information and communication technologies. Attention is paid to the activities of specially authorized persons, monitoring institutions, bodies for compliance with international agreements in the field of information (Office of the Special Rapporteur on Freedom of Expression, Special Rapporteur on Freedom of Expression and Access to Information, Advisory Committee, The Council of Europe Data Protection Commissioner etc.). It is indicated that these bodies and officials established at the international regional level perform a number of functions, including: general monitoring of freedom of expression and access to information standards, investigation of specific situations of systemic violations of the right to freedom of expression and denial of access to information, cooperation with national authorities and human rights institutions, consulting Member States etc. The relevant conclusions have been drawn.

scholarly journals Urgensi Keterbukaan Informasi dalam Penyelenggaraan Pelayanan Publik (Urgency of Disclosure of Informationin The Implementation of Public Service)

2016 ◽  
Vol 16 (2) ◽  
pp. 231
Author(s):  
Eko Noer Kristiyanto
Keyword(s):  
Public Service ◽  
Good Governance ◽  
Public Information ◽  
Poor Performance ◽  
Public Agency ◽  
The Public ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
Democratic Country

Since 2008, Indonesia has started a new momentum in the era of openness, related to the passing of Law No. 14 of 2008 on Public Information (KIP). Disclosure of public information is very important because people can control every step and measures taken by the government, especially the Public Agency. Operation of power in a democratic country should at all times be accountable back to the community. Accountability brings to the good governance that leads to the guarantee of human rights (HAM). Public disclosure is an important part of public service is also a right that is very important and strategic for citizens to get access to other rights, because of how it might be to get the rights and other services properly obtained information regarding such rights it is not obtained appropriately and correctly. The poor performance of public services for, among others, have not been implemented because of transparency and participation in public service delivery. This paper attempts to explain the correlation and importance of the right to information of the public service.Keywords: Public Service, Transparency, Participation, Accountabilitys ABSTRAKSejak Tahun 2008, Indonesia telah memulai sebuah momentum baru dalam era keterbukaan, terkait dengan disahkannya Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik (KIP). Keterbukaan informasi publik sangat penting oleh karena masyarakat dapat mengontrol setiap langkah dan kebijakan yang diambil oleh Badan Publik terutama pemerintah. Penyelenggaraan kekuasaan dalam negara demokrasi harus setiap saat dapat dipertanggungjawabkan kembali kepada masyarakat. Akuntabilitas membawa ke tata pemerintahan yang baik yang bermuara pada jaminan hak asasi manusia (HAM). Keterbukaan informasi publik merupakan bagian penting dari penyelenggaraan pelayanan publik juga merupakan hak yang sangat penting dan strategis bagi warga negara untuk menuju akses terhadap hak-hak lainnya, karena bagaimana mungkin akan mendapatkan hak dan pelayanan lainnya dengan baik jika informasi yang diperoleh mengenai hak-hak tersebut tidaklah didapatkan secara tepat dan benar.Buruknya kinerja pelayanan publik selama ini antara lain dikarenakan belum dilaksanakannya transparansi dan partisipasi dalam penyelenggaraan pelayanan publik. Tulisan ini mencoba menjelaskan korelasi dan pentingnya hak atas informasi terhadap penyelenggaraan pelayanan publik.Kata Kunci: Pelayanan Publik, Transparansi, Partisipasi, Akuntabilitas

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

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