Freedom of Expression

Press Release R67/18

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Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice

Article 13 of the American Convention of Human Rights

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Office of the Special Rapporteur for Freedom of Expression launches a questionnaire for the preparation of the thematic report on the right to access to public information and national security in the Americas

 

March 28, 2018

 

Washington, DC, - In the framework of its ongoing work monitoring the situation of the right to access to information in the Americas, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) is set to prepare a thematic report on the situation of the right to access to public information (API) and its relation to the national security exception, in the context of the enhanced protection that the inter-American instruments grant to this fundamental right.

 

The Office of the Special Rapporteur invites States, civil society, academic organizations, institutions, and interested individuals to submit contributions on standards, public policies, national jurisprudence and practices, aimed at regulating the right to access to public information and its relation to the protection of national security exception or other similar definitions (citizen security, terrorism, etc.).

 

In this context, the Office of the Special Rapporteur hopes to identify the problems and challenges the right to access public information faces, and the possible restrictions the application of the national security exception could bring, in their respective jurisdictions.

 

For the purposes of this consultation, the Office of the Special Rapporteur encourages interested institutions and individuals to submit information including the following dimensions:

 

·         Information on the national regulatory framework regarding access to public information and its regime of exceptions, with emphasis on those provisions that contemplate national security as a limit to access to information and the categories of information that can be classified for reasons of national security, in accordance with national regulations;

·         Information on the definition of national security provided for in the legislation of the countries of the Americas.

·         Information on the obligation of proactive disclosure of information related to national security and its implementation;

·         Information on the rules, procedures, and practices for the classification and declassification of information for reasons of national security and the management of requests for access to information on the matter;

·         Information on whether legislation provides categories of information that cannot be classified for reasons of national security (for example, information regarding serious violations of human rights, information on threats to the environment and pollution due to exploitation of natural resources);

·         Information on faculties, procedures, and practice of the specialized entities of supervision and fulfillment of the right to access to public information regarding the protection of the public interest in requests for information that involve matters of national security;

·         Noting relevant national jurisprudence on the protection of the right to public information regarding national security;

·         Information on the disciplinary and criminal norms that sanction the disclosure of classified information for reasons of national security, the whistleblowers protection system, or the disclosure of classified information evidencing irregularities for reasons of public interest;

·         Statistical data on the management of requests and responses that deny access to public information for reasons of national security;

·         Best national practices on this topic;

·         Aspects and situations that should be called to the attention of the Office of the Special Rapporteur on the topic of the report.

 

The information will be received until April 30, 2018 and can be sent in Spanish, English, and Portuguese to [email protected]. If the information refers to reports already published, we request you include the link. We also request that you reference "API and Security" in the email subject line.

 

The Office of the Special Rapporteur for Freedom of Expression was created by the IACHR to encourage the defense of the right to freedom of thought and expression in the hemisphere, given the fundamental role this right plays in consolidating and developing the democratic system.

 

R67/18