Access to information in international organizations 2017, para. 40

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Paragraph text: The UNDP information disclosure policy provides a good example of how to approach exceptions. Its policy, which notes that the organization operates in contexts of “crisis, conflict or humanitarian disasters” that pose challenges to UNDP operations and Member State interests, identifies several categories of information deemed confidential and “not available to the public”. Not all of the categories of exceptions are entirely appropriate, such as “[c]ommercial information where disclosure would harm either the financial interests of UNDP or those of third parties involved” or “[i]nformation which, if disclosed, in UNDP’s view would seriously undermine the policy dialogue with Member States or implementing partners”. (These exceptions are found in the policies of other intergovernmental organizations as well.) Both categories seem overbroad and subject to undue discretion of the organization. Nonetheless, recognizing this potential for overbreadth and potentially illegitimate non-disclosure in paragraph 12 of its information disclosure policy, UNDP provides that it could disclose even “confidential” information “if it determines that the overall benefits and public interest of such disclosure outweighs the likely harm to the interest(s) protected by the exception(s)”. Such authority rests not only in UNDP itself but in the independent panel created to oversee such decisions.

Body: Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

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