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ARTICLE 19 analyses Bermuda's right to information bill
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| Published on Thursday, October 29, 2009 | Email To Friend Print Version
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LONDON, England (IFEX) -- ARTICLE 19, a British-based organisation that defends and promotes freedom of expression and freedom of information all over the world, has produced a submission on the Public Access to Information Bill prepared by the government of Bermuda.
"We very much welcome efforts to recognise the right to information in Bermuda and note that the Bill contains some very positive features. At the same time, the Submission highlights a number of concerns with the Bill, including that it applies only to information created after it comes into force and that secrecy laws trump it. We urge the government to revise the Bill to bring it into line with international standards in this area," ARTICLE 19 said.
The right to access information held by public authorities, commonly known as the right to information, is a fundamental human right and central to democratic participation, accountability and combating corruption. In adopting a right to information law, Bermuda will join approximately 90 other countries and territories to have done so.
The submission highlights a number of positive features in the Bill, including its application to information held by public contractors, the fact that all information provided in response to a request shall be made available on a proactive basis, and that personal information does not extend to information about the functions of public officials.
However, ARTICLE 19 said it has a number of other concerns with the Bill, including the following:
- The absence of a framework for fees for access.
- The lack of a harm test for all exceptions.
- The failure to extend the public interest override to all exceptions.
- The lack of protection for good faith actions by civil servants pursuant to the law.
ARTICLE 19 called on the Bermudan authorities to ensure that the law finally adopted is fully in line with international standards.
Established in 1987, ARTICLE 19 fights for all hostages of censorship, defends dissenting voices that have been muzzled, and campaigns against laws and practices that silence.
The organisation takes its name from article 19 of the Universal Declaration of Human Rights which states:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers." | | | | Reads : 319 | | | |
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