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Subject: European Community, Overview over Freedom of Information Policies
From: alensen@MENVAX.RESTENA.LU (Anton LENSEN)
Subject: ACCESS TO OFFICIAL INFORMATION IN THE EU
Message-ID: <9404131643.AA197237@info2.rus.uni-stuttgart.de>
Date: 13 Apr 94 17:44:31 GMT
Reply-To: "EURO-LEX (All EUROpean Legal Information EXchange List)"
<EURO-LEX@vm.gmd.de>
The editor of Transnational Data and Communications Report has given
permission to distribute the comparative table on "Access to Official
Information in the EC" by Anderen and Ryborg to the subscribers of
EURO-LEX. Probably the information is already outdated since their report
was orginally published in May 1993. Please let me know about new
developments. Anton.lensen@restena.lu
Access to Official Information in the EC Member States
1a Does everybody as a general principle have the right to obtain, on
request, information held by the public administrative authorities?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
no yes yes only yes no yes no yes yes yes no
partly (b) (c)
1b Does this apply also to non-personal computerized information?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- no yes - no - n/a - yes - - -
2 Does there exist "effective and appropriate means" to ensure access
to information? (d)
B DK FR GER GR IRE IT(a) LUX NL P SP UK
no no no no no no no no yes no no no
(e)
3 According to the recommendations of the Council of Europe, "access to
information shall not be refused on the grounds that the requesting
person has not a specific interest in the matter." Is that presently
fulfilled?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- yes yes no yes - no n/a yes - - no
(f)
4a Is access to information provided on a basis of equality?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- yes yes no yes no - n/a yes no yes -
(g) (h)
4b If negative, who has formally the preference of access?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- - - the - - - - - the - -
press press
5a Do the limitations and restrictions to the principles of public access
adhere to only "such limitations as are necessary in a democratic
society for the protection of legitimate public interests such as
national security, public safety, public order, the economic well-being
of the country, the prevention of crime or for preventing the disclosure
of information received in confidence, and for the protection of privacy
and other legitimate private interests?"
B DK FR GER GR IRE IT(a) LUX NL P SP UK
no yes yes yes no no - n/a yes yes - -
5b As for the protection of privacy, do the limitations and restrictions
have "due regard to the specific interest of an individual in
information held by the public authorities which concerns him
personally?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- yes yes yes yes - n/a n/a - yes yes yes
6. How much time are the authorities allowed to decide upon a request
for information?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
- 10 two without one - n/a n/a 15+15 no no -
days months delay month days limit limit
(j)
7. Must public authorities, in case of refusal, give the reasons,
according to law or practice, on which the refusal is based?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
no yes yes yes yes no n/a n/a yes no - no
8. Is a refusal on information subject to review on request?
B DK FR GER GR IRE IT(a) LUX NL P SP UK
no yes yes yes n/a no yes n/a yes no - no
9. Countries where the principle of openness generally outweigh the
principle of secrecy (k)
B DK FR GER GR IRE IT(a) LUX NL P SP UK
x x x
Code:
n/a Not available from our sources.
- Indicates that the question is not relevant, generally because the
country has no legislation on access to information at all.
(a) Information from the available sources does not correspond. The
information here is taken from Publaw, Country Reports, Drafts
January 1991 made for the European Commission by a group of experts.
However, according to information received from the Federazione
Nazionale della Stampa Italiana, there is no legislation on this
area presently in force.
(b) No general law exists, but the principle is stated in the Constitution.
(c) No general law exists, but the principle is stated in the Constitution.
(d) "Effective and appropriate means" must, from a journalistic point of
view, include, e.g., access to some sort of general legislature that
can be used as a key to identification of relevant documents.
(e) If a request concerns information held by another public body, the
applicant will be referred to the appropriate body.
(f) The request has to be motivated.
(g) Stated as a general principle in the Constitution, but legislation
gives journalists special rights of access.
(h) Stated in general terms in the Constitution.
(i) The law says "as soon as possible." However, if an answer is not
given within 10 days the authorities must explain why and let the
applicant know when an answer can be expected.
(j) A decision must be taken by the authorities within 15 days. It can,
however, be postponed for another 15 days. A proposal to change the
time to eight days was not adopted by the parliament.
(k) This categorisation reflects the assessment for the authors and does
not refer to the recommendations of the Council of Europe.
Source: EC and Public Access, by Bjorn Andersen and Ole Vigant Ryborg,
Copenhagen, May 1993.
Transnational Data and Communications Report, November/December 1993
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