The Right to Information: Information, Public Awareness and Public Records

Chapter 24 of Transparency International's 'Sourcebook 2000' outlines the arguments for the public's right to information (the 'right to know') and how this is shaping legislation around records management, freedom of information, libel, privacy, censorship, and disclosure around the world. According to the chapter, information is a prerequisite for accountability, and is, as such, a central ingredient for any democratic system. Informed judgement and appraisal by the public, press, and legislature are frustrated if government activities are hidden from view. It argues that legislation - or other enforceable administrative arrangements - sanctioning the access to information is thus crucial to the creation and maintenance of a country's integrity. However, for access to be effective, official records must be readily accessible.

According to the chapter:

• A better informed public can better participate in the democratic process;
• Parliament, press and public must be able properly to follow and scrutinise the actions of government and secrecy is a major impediment to this accountability;
• Public servants make important decisions that affect many people; and, to be accountable, the administration must provide greater flows of information about what they are doing;
• Better information flows produce more effective government and help towards the more flexible development of policy; and
• Public cooperation with the government will be enhanced by more information being available.

Freedom of information legislation not only establishes the citizen’s legal right of access to information, it also confers on government the obligation to facilitate access. The article suggests that improved access to information will not of itself enhance public participation in decision-making. Not everyone has access to technology, but all have a right to contribute to decisions which affect them. This places a heavy burden on the mass media to include more investigation and interpretation of the actions of government than ever before. They will have access to information on behalf of the public at large, and it is a central feature of the media’s role for it to use this availability for the widest public benefit.

Some indicators as to the effectiveness of access to information:

• Is there a policy on the provision of information which favours access, unless the case against access in a particular instance meets prescribed and narrow grounds, justifying its being withheld?
• Do rights of access to information extend to information held by local governments and state-owned enterprises? Does it include records of private companies that relate to government contracts?
• Are there clear procedures and effective guarantees for citizens and journalists to access the official information they require?
• If access to information is refused by a government department, is there a right of appeal or review? Is this independent of government?
• Do courts award punitive sums in libel cases involving public figures? If so, do these serve as a deterrent to the media?
• Do the courts give appropriate protection to journalists’ sources?
• Is training given to officials in the proper handling of records and the making of information available to the public?