FOI Importance Recognised
Published 28th September 2007, 10:52am
HRC recognises the importance of freedom of information on 'Right to Know Day'.
On the 28th September, which is 'Right to Know Day', the HRC has sought to identify Human Rights issues relating to freedom of information and the importance of the introduction of the Freedom of Information law in the Cayman Islands.
- Is freedom of information a fundamental Human Right?
The Right to access information is extremely important as it is fundamental for the enjoyment of other important human rights. Without access to information, the right to free expression and opinion would be undermined, however, freedom of information is not generally regarded as a human right in itself. That said, in 2006, the Inter-American Court of Human Rights became the first international tribunal to assert freedom of information as a fundamental right in and of itself. It also recognised a positive obligation on the state to institutionalize effective practices to guarantee this right. However, the jurisdiction at the Inter-American Court of Human Rights does not extend to the Cayman Islands. All of the international human rights treaties that are applicable in our islands do not specifically refer to freedom of information as an independent right.
- What is the Relationship between freedom of information and Human Rights?
All international human rights treaties affirm the right of everyone to hold opinions without interference and the right to freedom of expression. This includes the right to 'seek, receive and impart information and ideas of all kinds, regardless of frontiers'. There is a direct correlation between freedom of expression and the receipt of information necessary to express oneself.
For the public, the right to obtain information is vital if persons are to make informed choices. Secrecy breeds suspicion and ultimately undermines the relationship between government and members of the public.
Moreover, effective participation in the processes of government, national decision-making and the establishment of social policy depends on one's ability to obtain information and then express and articulate it without prejudice. As such freedom of expression and freedom of information work together in union to underpin democratic governance.
As long ago as 1981, the Council of Europe, which is responsible for the European Convention for the Protection of Human Rights and Fundamental Freedoms, made a recommendation to all member states that they implement Freedom of Information laws.
- Does freedom of information present any challenges for Human Rights?
There are human rights concerns associated with legislation that provides for freedom of information; particularly where information sought is of a personal nature. Clearly this has the potential to impact on the right to privacy and it is important therefore that sufficient guarantees are built into the Freedom of Information legislation. Constitutional protection for the right to privacy, along with specific data protection laws, which sit alongside the Freedom of Information legislation, may ultimately be necessary to achieve the appropriate balance. There is a need to monitor the practical effects of the legislation to ensure the right balance is achieved.
Nevertheless the Freedom of Information law is clearly a big step forward for Cayman and the protection of Human Rights. The HRC regards such a law as a significant contribution to the development, and the consequent recognition of the Cayman Islands as a modern, sophisticated democracy in which open government and human rights are central features.
If you would like to contact the HRC and express a view on human rights and freedom of information, please send your comments to committee@humanrights.ky. Alternatively, written correspondence can also be sent to PO Box 30664, Grand Cayman, KY1-1203.
For further information contact: Human Rights Committee