Freedom of Information: A Comparative Legal Survey

This study analyses laws in Bulgaria, India, Japan, Mexico, Pakistan, South Africa, Sweden, Thailand, the United Kingdom, and the United States. The study asks a number of questions that face those tasked with drafting and/or promoting legislation guaranteeing the right to know in accordance with the principle of maximum disclosure.

"How should the regime of exceptions be crafted so as to strike an appropriate balance between the right to know and the need for secrecy to protect certain key public and private interests? How extensive should the obligation to publish and disseminate information be and how can the law ensure that this obligation grows in line with technological developments which significantly reduce publication costs? What procedures for requesting information can balance the need for timely, inexpensive access against the pressures and resource constraints facing civil servants? What right of appeal should individuals have when their requests for information have been refused? Which positive measures need to be taken to change the culture of secrecy that pervades the public administration in so many countries, and to inform the public about this right?"

This publication helps to answer some of these questions by describing the international standards which have been established in this area and some of the key features of effective freedom of information legislation. Importantly, it illustrates the way in which ten countries and two international organisations have dealt with these difficult issues.

Topics included:

• The right of access - South Africa
• Conditions on information availability
• Processes to facilitate access
• Regional Standards - African Union