11. Striking the Right Balance: Weighing the Public Interest in Access to Agency Records Under the Freedom of Information Act

2018 ◽  
pp. 226-246
Keyword(s):  
Public Interest ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
The Public ◽  
The Right

An Overview

2016 ◽  
Keyword(s):  
Public Interest ◽  
Public Authority ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Codes Of Practice ◽  
Right To Information ◽  
The Right ◽  
The Relationship

The Freedom of Information Act 2000 is an unnecessarily complicated piece of legislation. Chapter 2 gives a simple overview of the Act: the framework for the new statutory right to information; the exemptions; the public interest test; the way in which the right is regulated through the Information Commissioner and codes of practice; enforcement through the tribunal system; and the relationship between freedom of information and data protection. The chapter considers the questions public authorities have to ask when someone seeks information and identifies the provisions concerning practice, procedure, and implementation, including the offence of altering records and the provision in section 78 that nothing in the Act is to be taken to limit the powers of a public authority to disclose information held by it.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

scholarly journals Reclaim the right to know toki and locate it online

2010 ◽  
Vol 16 (2) ◽  
pp. 10-14
Author(s):  
Lisa Williams-Lahari
Keyword(s):  
Public Interest ◽  
Freedom Of Information ◽  
Right To Know ◽  
The Public ◽  
Talking Heads ◽  
The Right To Know ◽  
Governance Process ◽  
The Media ◽  
The Right ◽  
The Impact

Commentary: A Cook Islands proverb goes like this: Taraia to toki, ei toki tarai enua – ‘Sharpen your adze, the adze to carve nations.’ Applying the proverb in this context, the toki/adze can be seen as the media. The right to know is the tool which keeps the adze strong and effective. When the toki is well prepared for its work, the impact on public debate and protection of media freedoms is strongest. The diversity of news outlets and ‘talking heads’ in the public domain helps foster a sense of public participation; and ownership of the governance process. When the adze is blunted by lack of Freedom of Information legislation, or by the failure of media workers to pressure for the public interest and the right to know, we see the deadening impacts that many of us can attest to in our countries.

8. Public Interest Immunity and Related Matters

2021 ◽  
pp. 190-203
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

8. Public Interest Immunity and Related Matters

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

Thoughts on the Future

2016 ◽  
Keyword(s):  
Public Interest ◽  
Safe Space ◽  
Freedom Of Information ◽  
Access To Justice ◽  
Bill Of Rights ◽  
High Court ◽  
The Public ◽  
The United Kingdom ◽  
Principle Of Proportionality ◽  
The Right

Chapter 26 calls for the structure of the 2000 Act to be simplified. All exemptions should be subject to the public interest test. Freedom of information should be dealt with in the same way as environmental information. Government departments’ need for a safe space to develop policy should be clarified. There should be no extension of the right of veto. All executive override certificates should be referred to the High Court, which should review such certificates, applying the principle of proportionality, and the Court’s decision should be final. Freedom of information should be properly funded: it is part of access to justice which is fundamental to democracy. The recommendations of David Anderson QC’s report ‘A Question of Trust’ should be implemented. In the cold light of day, it is difficult to see what a British Bill of Rights could achieve which would be of benefit to the United Kingdom.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

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