The protection of sources and whistle-blowers 2015, para. 12
Paragraph- Paragraph text
- Effective access to information begins with how Governments categorize, or classify, information as secret or otherwise not subject to disclosure. Over-classification occurs when officials deem material secret without appropriately assessing the public's interest in access to it or determining whether disclosure would pose any risk to a legitimate interest. Secrecy should be imposed only on information that would, if disclosed, harm a specified interest under article 19 (3); even in the event of a risk of harm, a process should be in place to determine whether the public interest in disclosure outweighs that risk. Processes that allow for evaluation of classification decisions, within institutions and by the public, including penalties for over-classification, should be considered and adopted in order to ensure the greatest possible access to information in the public interest. The Swedish Constitution and its Freedom of the Press Act provide perhaps a welcomed translation of the principle of maximum disclosure when it comes to access to information held by public bodies, protecting the right of all public officials to communicate information and, except for specified situations, prohibiting public officials from sanctioning others for communicating information outside their institutions.
- 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2015), A/70/361, para. 12.
- Paragraph number
- 12
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