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Freedom of Information
Legislation
 Australian
Freedom of Information Act
1982
New
South Wales Freedom of Information Act
Introduction
to the US Freedom of Information Act
1998
European
Council Directive on Freedom of
Information
Alberta
Freedom of Information and Protection of
Privacy
Why
Britain needs a Freedom of Information
Act
Principle of Access to
Information
Minimum Elements of the
Principle
- Information is accessible, unless it falls within one
of the grounds for refusal.
- No showing of interest is required.
- Information should be provided in the form
requested.
- Responses to requests should be made within 1
month.
- Denials of requests for information shall be in
writing, state the grounds for refusal, and be made
generally within 1 to 2 months.
- Grounds for refusal are to be narrowly construed,
balancing the interest to be protected against the public
interest.
- Public authorities should redact confidential
portions out of documents and disclose non-confidential
portions, where this can be done without prejudicing the
confidential information.
- Actual copies of documents will be provided when
requested.
- Reasonable charges may be made for supplying
information, subject to an established schedule.
- Public authorities must collect and disseminate
environmental information.
- The public must be informed of their opportunities to
participate in decision-making processes.
Grounds for Refusal of a Request for
Information
- The public authority does not have the
information.
- The request is manifestly unreasonable or overly
general.
- The request concerns materials being completed.
- Disclosure would adversely affect:
- Confidentiality of the proceedings of public
authorities,
- Internal relations, national defense, public
security,
- Confidentiality of commercial or industrial
information,
- Intellectual property rights,
- Confidentiality of personal data,
- The interests of a third party that has supplied the
information, without that party being legally obliged to
do so.
Source: Claudia Saladin & Brennan Van Dyke,
'Implementing the Principles of the Public Participation
Convention in International Organizations', Background
Document for NGO Session, June 1998, available URL:
http://www.participate.org/publications/Implementing.pdf.
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