World
FOI Chart
Explanatory Notes, Sept. 2008
As an aid to freedom of information scholars, I thought in 2007 to cross-reference by topic the key primary documents on freedom of information law that could be found: i.e., the texts of 73 national FOI laws, 29 draft FOI bills, 12 Canadian provincial and territorial FOI laws, the commentaries of 14 global and 17 Canadian non-governmental organizations, and the FOI codes of 12 intergovernmental entities.
Their main topics were entered into a comparative Excel
spreadsheet, to create the World FOI
Chart at www3.telus.net/index100/foi
It is the foundation for my report Fallen Behind:
(a) Other writers could consult the Chart as aid when writing similar FOI comparative reports for their own nation or province; perhaps to press for higher standards in their own nations’ access laws or practices by reference to others.
(b) The Chart might also serve as a reference aid for law, journalism and political science students. When FOI provisions are compared, new patterns and surprising similarities or differences may emerge, particularly within regions or the Commonwealth. Column K could also be consulted by global journalists to see which nations allow foreigners to file FOI requests.
(c) Rulings and commentaries could be cited when applicants are arguing general principles in their FOI legal disputes (the purpose of Row AE).
Although the Report contains
interpretation on Canadian FOI issues, the Chart
has been conceived to be primarily neutral, which is why, whenever possible,
the original statute texts (or available translations) have been quoted, rather
than paraphrased. Nearly all quotations are derived from public online sources;
above all, I urge readers to consult the full original texts which are hotlinked
within the chart, for many of the quoted items here are incomplete or
paraphrased due to space restrictions, and the originals may contain important technical details.
The focus here is on FOI requests for general records, not requests for one’s own personal records, which are often the mandate of separate privacy laws. In the Chart, blank fields remain, where information was not available or could not be located (and sometimes a law’s silence on a matter can be eloquent). Subjects are keyword searchable using Ctrl-F.
Special columns (N and O) have been created for what are,
at least in
For
space restrictions, several topics are absent, such as the privacy protection
parts of the laws; the transfers of FOI requests; ignoring ‘systematic and
repetitious’ requests; when a public body may ‘refuse to confirm or deny’ the
existence of a record; full lists of types of public bodies covered (e.g.,
universities, hospitals); if the state must make an annual report on FOI;
applicants acting on behalf of others, records released so many years after a
person’s death; notices to third parties; who is delegated to make access
decisions, and others.
In several cells, I placed a {*} symbol, as a kind of modest award, next to a rare and positive
feature of a freedom of information statute or policy, one that might serve as
an inspiration for other jurisdictions. If you disagree with my choices
for the {*} mark, or have other choices of your own, I would be keen to hear
them.
The Chart was
prepared for both Canadian and global readers, in a manner that hopefully makes
legal topics accessible to all. One of the goals of this Chart is to encourage more real
engagement and dialogue between sectors that have hitherto been mainly
segregated in FOI discussions - journalists, lawyers, academics, politicians,
the bureaucracy, the private sector, applicants and the general public – both
in
Incomplete and imperfect, the World FOI Chart, is not the end point in the comparative study of FOI laws, but the beginning. (For one thing, as laws are revised, the Chart would require revision as well.) Although the struggle for open government seems a very uneven one, the goal of this Chart is to educate and the public worldwide who are pressing for more transparency.
We are all indebted to David Banisar at www.freedominfo.org, Toby Mendel of Article 19, and the Commonwealth Human Rights Initiative, without whose groundbreaking analysis of FOI statutes and draft bills, such a Chart would not have been possible.
( Note. This Chart was produced with financial aid
from the British Columbia Freedom of Information and Privacy Association, FIPA,
www.fipa.bc.ca It is meant to be an indicator for
researchers, not as legal advice of any kind, and I bear no liability for
errors, omissions, or consequences of utilizing it. The Chart may be widely distributed without further permission, but
only without any charge or profit. Comments, updates, and corrections, are
welcomed at stanleytromp@gmail.com )
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