Access to information in international organizations 2017, para. 37

Paragraph
Paragraph text
States may impose restrictions on access to information held by public authorities only when they meet the three-part test, of legality, necessity and proportionality, and also legitimate objective. The general limitations on access to information applicable to States should also apply to intergovernmental organizations. The requirement of legality (“provided by law”) requires that regular procedures be followed in the adoption of restrictions and that there be clarity and specificity in the rules. They must not be drafted so generically that they provide unfettered discretion on the power of the decision makers to refuse disclosure of information (CCPR/C/GC/34, para. 25). Similarly, the requirement of necessity, which implies proportionality, means that the policies of intergovernmental organizations should permit non-disclosure only when disclosure would indeed cause likely harm to a legitimate interest (CCPR/C/GC/34, para. 38).
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2017
Paragraph type
Other
Paragraph focus
Key elements of an access-to-information policy
Paragraph number
37