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YOUTH INITIATIVE FOR HUMAN RIGHTS v. SERBIA JUDGMENT
to the information. The burden should be on the public authority seeking to deny
access to show that the information falls within the scope of the system of exceptions.
Public authorities should be required to meet minimum record management
standards. Systems should be put in place to promote higher standards over time.
The access to information law should, to the extent of any inconsistency, prevail
over other legislation.
Those requesting information should have the possibility to appeal any refusals to
disclose to an independent body with full powers to investigate and resolve such
complaints.
National authorities should take active steps to address the culture of secrecy that
still prevails in many countries within the public sector. This should include provision
for sanctions for those who wilfully obstruct access to information. Steps should also
be taken to promote broad public awareness of the access to information law.
Steps should be taken, including through the allocation of necessary resources and
attention, to ensure effective implementation of access to information legislation.
Urgent steps should be taken to review and, as necessary, repeal or amend,
legislation restricting access to information to bring it into line with international
standards in this area, including as reflected in this Joint Declaration.
...
Certain information may legitimately be secret on grounds of national security or
protection of other overriding interests. However, secrecy laws should define national
security precisely and indicate clearly the criteria which should be used in determining
whether or not information can be declared secret, so as to prevent abuse of the label
‘secret’ for purposes of preventing disclosure of information which is in the public
interest. Secrecy laws should set out clearly which officials are entitled to classify
documents as secret and should also set overall limits on the length of time documents
may remain secret. Such laws should be subject to public debate.”
15. The Joint Declaration by the United Nations Special Rapporteur on
Freedom of Opinion and Expression, the OSCE Representative on Freedom
of the Media, the OAS Special Rapporteur on Freedom of Expression and
the ACHPR (African Commission on Human and Peoples’ Rights) Special
Rapporteur on Freedom of Expression of December 2006 reads, in so far as
relevant, as follows:
“Public bodies, whether national or international, hold information not for
themselves but on behalf of the public and they should, subject only to limited
exceptions, provide access to that information.”
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