4. Who has the right to file information requests?
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The right of access to information is a fundamental right and therefore it’s a right of everyone, no matter which country they live in. Almost all national access to information laws recognise this and state that “anyone” may file an access to information request.
Furthermore, in many countries, the only formalities for submitting a request are a name and either a postal or an e-mail address, so the request process is open to everyone.
One notable exception among the worlds’ largest democracies is Canada where only citizens and residents may file requests. For requests submitted to the European Union, anyone may file a request but only citizens, residents, and business registered inside the union have the right to appeal to the Ombudsman.
In practice, however, a major obstacle to transnational exercise of the right is that requests normally have to be filed in the official language(s) of the country. Very few countries accept access to information requests in languages other than official languages. An exception is Sweden with its long tradition of transparency. The Swedish Administrative Act, Section 8 requires that “When an authority is dealing with someone who does not have a command of the Swedish language or who has a severe hearing impairment or speech impediment, the authority should use an interpreter when needed." The Ministry of Justice reports that they quite often receive applications written in English for access to documents and that this has never constituted a problem.
Another example of a country which is ready to receive information requests in English is Slovakia, which has a contact form on its website for filing of access to information requests in English.
In general however, it’s advisable to find a journalist or NGO in the country who can help you file your request. The Legal Leaks network will help with this by providing you with contact persons in other countries.
BOX A: National and International Guarantees for the Right to Information
Treaty on the Functioning of the European Union (Treaty of Lisbon)
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union institutions, bodies, offices and agencies, whatever their medium, subject to the principles and the conditions to be defined in accordance with this paragraph.
Constitutions that guarantee the right to know:
Many countries have recognized the right to information or access to documents in their constitutions, either within the right to freedom of expression or separately as a stand-alone right of access to information/documents. At least 50 countries around the world have Constitutions which make this clear.
For example in Finland, Section 12(2) of the Constitution (2000) states:
Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.
And similarly in Norway, the Constitution (as amended in 2004) states at Article 100:
Everyone has a right of access to the documents of the State and of the municipal administration and a right to be present at sittings of the courts and elected assemblies. The law may prescribe limitations to this right in regard to the right to privacy or other weighty considerations.
Poland at Article 61 of the 1997 Constitution states:
A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions.
Soon after the fall of Communism, Romania enshrined the Right to Information in Article 31 of the 1991 Constitution
1. A person's right of access to any information of public interest shall not be restricted. 2. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest.
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