Training on how to use access to to information laws by Helen Darbishire at the Guardian Masterclass on Investigative Journalism

1. Your Right to Know:
Legal Leaks
Helen Darbishire, Access Info
@helen_access
FB/Linked In
Guardian Master Class
26 April 2014

5.  1766: Sweden
 1951: Finland
 1966: United States
 1978: France,
Netherlands

6. Access to Information Laws
1 2 3
7
14
38
90
97
1766 1960 1970 1980 1990 2000 2011 2014

7. 97 countries

8. 55 countries =
constitutional right

9. 28 constitutions
Europe
(Council of Europe region)

10. Right of Access to Information
 Inter-American Court of Human
Rights
 European Court of Human Rights
 UN Human Rights Committee
 Organization for Security and
Cooperation in Europe (OSCE)
 UN Special Rapporteur Freedom of
Expression

11. Right to Expression & Information (Art.19)
UN Human Rights Committee
27 July 2011

12. UN Human Rights Committee
Article 19, paragraph 2 on Freedom of Expression
embraces a right of access to information held by public
bodies.
Such information includes records held by a public body,
regardless of the form in which the information is stored,
its source and the date of production.

13.  Article 15 EU Treaty
 Article 42 Charter of Fundamental Rights
of the EU
= Fundamental right
of access to EU documents
European Union
Lisbon Treaty 2009

14. Right of Access to Information
2 obligations
 Reactive: respond to requests
 Proactive: publish information

15. A duty to publish ...
To give effect to the right of access to
information, States parties should
proactively put in the public domain
Government information of public
interest.
States parties should make every effort
to ensure easy, prompt, effective and
practical access to such information.

16. Tip #1
It might be public already!

17. Tip #2
Set prejudice aside!

18. CIA secret flights

19. CIA flights
 Denmark
 Finland
 Germany
 Ireland
 Lithuania
 Norway
 Portugal
 USA

20. Tip #3
Know your right / law

21. Essential Elements of the Right
 Right of everyone
 All information
 All public bodies
 Limited exceptions
 Free (copying costs only)
 Rapid provision of information
 Independent oversight bodies

22. Stand up for your rights!

23. Stand up for your rights!

24. » Keep a record
» Set an alarm
Tip #4
Get organised!

25. 0
10
20
30
40
50
60
70
Time frames

26. Tip #5
Think Laterally!

27. Definition of “document”
“official documents” means all
information recorded in any form,
drawn up or received and held by
public authorities.

30. » a request is a story
» campaign for an answer
Tip #6
Go public with your request

31. » Have experts on standby
» Get a geek in your life
» Share your data
Tip #7
Be prepared for the answer

32. CIA Flights

33. TheStory.ie

35. » separate requests
» hide requests
Tip #8
Anticipate exceptions

36. Council of Europe - 47 countries
18 June 2009
Convention on Access to Official
Documents

37. Exceptions
1. national security, defence and international relations;
2. public safety;
3. the prevention, investigation and prosecution of criminal activities;
4. disciplinary investigations;
5. inspection, control and supervision by public authorities;
6. privacy and other legitimate private interests;
7. commercial and other economic interests;
8. the economic, monetary and exchange rate policies of the state;
9. the equality of parties in court proceedings and the effective
administration of Justice;
10. environment; or
11. the deliberations within or between public authorities concerning
the examination of a matter.

39. Exceptions

41. Exceptions
– broadly
applied

43. » A little information goes a long
way
... None can go even further!
Tip #10
A refusal is a story

46. » Know the deadlines
» Ask for expert / CSO help
» Cultivate pro bono lawyers!
Tip #9
Appeal, Appeal, Appeal!

48. Request November 2008

50. “If citizens are to be able to exercise their
democratic rights, they must be in a position to
follow in detail the decision-making process”
and that they should “have access to all relevant
information.”
Access Info Europe vs. Council of EU
22 March 2011

51. Appeal, 21 February 2013:
Council
+Czech Republic, France, Greece, Spain, and the
UK.
Access Info Europe
+ European Parliament
Council of EU vs. Access Info Europe

52. Opinion of Advocate General
16 May 2013

53. Law-making [is an] activity that in a
democratic society can only occur through
the use of a procedure that is public in
nature and, in that sense, ‘transparent’.
Opinion of Advocate General
16 May 2013

54. » Put it in your story!
» Make it a story!
Tip ∞
It’s your right:
use it or lose it!

55. Great FOI Websites
» Access Info Europe: The Access Info Europe website about our activism:
www.access-info.org
» RTI-Rating: Analysis of all the world’s access to information laws www.rti-rating.org
» AsktheEU.org: website for requesting info from the European Union
www.asktheeu.org
» Legal Leaks: guidance for journalists, www.legalleaks.info
» Whatdotheyknow.com: website for requests in the UK www.whatdotheyknow.com
» Fragdenstaat: website for requests in Germany www.fragdenstaat.
» Guardian newspaper Freedom of Information: guide on how to file requests in
the UK
http://www.guardian.co.uk/politics/2004/dec/30/freedomofinformation.uk2
» BBC Freedom of Information: great resource page www.bbc.co.uk/foi/
» The Story: great example of open journalism and FOI from Ireland by Gavin
Sheridan, http://thestory.ie/
» The Rendition Project: http://www.therenditionproject.org.uk/global-rendition/the-
flights/
» Council of the EU: http://www.consilium.europa.eu/documents/legislative-
transparency?lang=en

56. Thanks!
helen@access-info.org
@helen_access
FB / Linked In