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Background


PRINCIPLES ON THE RIGHT OF ACCESS TO INFORMATION
APPROVED BY THE INTER-AMERICAN JURIDICAL COMMITTEE

  September 11, 2008

THE INTER-AMERICAN JURIDICAL COMMITTEE, through Resolution CJI/RES. 147 (LXXIII-O/08) of August 2008 adopted a set of interdependent principles establishing, among other items, that:
1. In principle, all information is accessible. Access to information is a fundamental human right which establishes that everyone can access information from public bodies, subject only to a limited regime of exceptions in keeping with a democratic society and proportionate to the interest that justifies them. States should ensure full respect for the right to access to information through adopting appropriate legislation and putting in place the necessary implementation measures.
2. The right of access applies to all public bodies, including the executive, legislative and judicial branches at all levels of government, constitutional and statutory bodies, bodies which are owned or controlled by government, and organizations which operate with public funds or which perform public functions.
3. Clear, fair, non-discriminatory and simple rules should be put in place regarding the processing of requests for information.
4. Individuals should have the right to appeal against any refusal or obstruction to provide access to information to an administrative jurisdiction. There should also be a right to bring an appeal to the courts on the full merits of the case against the decisions of this administrative body.
5. Anyone who willfully denies or obstructs access to information in breach of the rules should be subject to sanction.

Reference: IJC_9-11