Fundamental right of access to information strengthened by ECHR ruling
Madrid, 27 June 2013 – Access Info Europe welcomes the recent decision by the European Court of Human Rights which further strengthens the right of access to information held by public bodies.
A summary of the ruling
The ECHR ruled on the case between ‘Youth Initiative for Human Rights vs. the Republic of Serbia‘ about the refusal of the Serbian intelligence agency to provide the NGO with certain information concerning electronic surveillance, despite a final and binding decision in favour of disclosure by the Serbian Information Commissioner in 2005.
Fundamental right of access to information strengthened by ECHR ruling
Madrid, 27 June 2013 – Access Info Europe welcomes the recent decision by the European Court of Human Rights which further strengthens the right of access to information held by public bodies.
A summary of the ruling
The ECHR ruled on the case between ‘Youth Initiative for Human Rights vs. the Republic of Serbia‘ about the refusal of the Serbian intelligence agency to provide the NGO with certain information concerning electronic surveillance, despite a final and binding decision in favour of disclosure by the Serbian Information Commissioner in 2005.
In coming to its decision, the ECHR referred to declarations by the UN Committee on Human Rights, as well as quoting the Joint Declaration by the United Nations Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression, “The right to access information held by public authorities is a fundamental human right which should be given effect at the national level through comprehensive legislation (for example Freedom of Information Acts) based on the principle of maximum disclosure, establishing a presumption that all information is accessible subject only to a narrow system of exceptions.“
In a positive step, the joint concurring opinion of judges Sajó and Vučinić highlighted the general need to interpret freedom of expression in Article 10 of the Council of Europe Convention of Human Rights in conformity with developments in international law regarding freedom of information, which entails access to information held by public bodies.
The court held that the NGO’s involvement in matters of public interest warrants similar Convention protection as afforded to the press. The concurring opinion also raised the point that in the world of the Internet the difference between journalists and other members of the public is rapidly disappearing. “There can be no robust democracy without transparency, which should be served and used by all citizens.“
The court also held that Article 10 of the Convention, on freedom of expression, had been violated due to the “obstinate reluctance” of the Serbian intelligence agency to comply with the order of the Serbian Information Commissioner was in defiance of domestic law and “tantamount to arbitrariness“. Judges Sajó and Vučinić also stated the authorities are responsible for storing such information and loss of data cannot be an excuse, as the domestic authorities erroneously claimed in the present case.
You can also read the case by clicking here.