-: [rti4empowerment] Global Principles on National Security and the Right to Information

Open Society, Others Issue Principles on Security, RTI
12 JUNE 2013
The Open Society Justice Initiative and 21 international organizations have issued "Global Principles on National Security and the Right to Information."

The 50 principles include:

Information should be kept secret only if its disclosure poses "a real and identifiable risk of significant harm to a legitimate national security interest" (Principle 3)
Information concerning serious violations of international human rights or humanitarian law must always be disclosed (Principle 10A)
The public should have access to information on surveillance programs (Principle 10E)
No government entity should be categorically exempt from disclosure requirements (Principle 5)
Public officials who act in the public interest to expose government abuses should be protected from retaliation (Principle 40)
"The Principles address in unprecedented detail the balance between secrecy and the public's right to know, in a world that has been transformed by global efforts to combat terrorism and the parallel rise of new digital technologies, as well as the rapid growth of right to information laws," according to the June 12 announcement. A three-page Q & A briefing provides additional detail.

The principles also outline standards for the treatment of whistleblowers who act in the public interest and address issues related to classification and declassification.

The drafters said they "expect that the Principles will influence the development and reform of laws and policies in countries that aspire to comply, and to be seen by the international community to comply, with international law."

"The aim of the Principles is not absolute or radical transparency," according to an explanation. "The Principles, in keeping with international law, recognize that the right of access to information may be limited by other important interests including international relations, public order, public health and safety, law enforcement, future provision of free and open advice, effective policy formulation, economic interests of the state, personal privacy and commercial confidentiality."

Frank La Rue, the United Nations Special Rapporteur on the Right to Freedom of Opinion and Expression, praised the principles as "a major contribution" and said they should be adopted by the Human Rights Council. "All states should reflect these Principles in their interpretations of national security law," La Rue said.

Result of Long Process

They are the culmination of two-years of world-wide consultations and a survey of international and national law, standards, good practices, and the writings of experts. "They were developed by 22 academic and civil society groups (listed below), who consulted over 500 experts from more than 70 countries, culminating in a meeting in Tshwane, South Africa, which gave the Principles their name." Tshwane is a municipality outside Pretoria.

The process also involved working closely with the four special rapporteurs on freedom of expression and the media from the UN, the African Commission on Human and Peoples' Rights, the Organization of American States (OAS), and the Organization for Security and Cooperation in Europe (OSCE), as well as with the UN Special Rapporteur on Counter-Terrorism and Human Rights. The OSI statement includes endorsements from these and others.

The drafters said they "expect that the Principles will influence the development and reform of laws and policies in countries that aspire to comply, and to be seen by the international community to comply, with international law."

Q & A

The Q&A document poses the question: "What are some of the most important Principles?"

The answers:

Disclosure of information of high public interest

Principle 10 sets forth categories of information of high public interest that should be disclosed in all but the most exceptional circumstances, and then only for the shortest time necessary. These categories include laws and regulations that authorize the state to take people into custody; the location of detention centres; the existence of all military, police, security and intelligence agencies; information relevant to decisions to take military action; the possession or acquisition of nuclear and other weapons of mass destruction; information about overt and covert surveillance, including statistics about the extent of surveillance; information sufficient to enable the public to understand security sector and other public finances; information about public health, safety and the environment; and information about exploitation of natural resources.

Principle 10 states emphatically that under no circumstances may information about serious human rights violations be classified or withheld.

Protections for whistleblowers and the media

Principles 40, 43 and 46 set forth protections for people who disclose information about wrongdoing and other information of high public interest. They specify that any person who discloses wrongdoing or other information of public interest (whistleblower) should be protected from any type of retaliation, provided he or she acted in good faith and followed applicable procedures.

If a person discloses more information than was reasonably necessary to disclose the information of public interest, any punishment should be proportionate to the harm caused.

Principle 47 provides that any person who is not a public servant having authorised access to classified information should not be subjected to criminal sanctions for breach of official secrecy.

Disclosure requirements apply to all public entities

Principle 5 provides that no public authority, including all security sector entities, may be exempt from disclosure requirements in right to information laws.