European Community, Overview over Freedom of Information Policies

[David Farber <farber () central cis upenn edu>]

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  Probably the information is already outdated since their report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