ARHIVSKI VJESNIK 42. (ZAGREB, 1999.)

Strana - 82

C. Gränström, Access to current records and archives, as a tool of democracy, transparency and openness of the government administration, Arh, vjesn., god. 42 (1999), str. 79-92 for this is that it is considered that a meaningful debate can only take place if the involved persons have access to relevant information. Some will even argue that a real democracy presupposes that the public has the means to get information and thus is well-informed. In some countries this linkage is not accepted and it is felt that this fundamental right of expression can be exercised without public access to official documents. Openness and transparency in the public sector can take various forms. In the last decade, public access to public records or official documents has become more and more important. Openness and transparency can mean that meetings are open to the public or that the minutes from the meetings are open. Another way is to ensure that the citizens are guaranteed access to official documents. A third way is that the authorities can publish a lot of information about their activities on for example their web-pages. This solution shall not be mixed with access to documents, as in that case the applicant himself chooses the original documents which he wants to see. The publishing of information on web-pages or by other means, which the agency chooses, does as a rule not contain information critical to the agency. No method can thus replace another method but can of course be used in combination. All methods have their advantages and disadvantages. I am going to discuss public access to official documents as this is the method most discussed lately and by many considered to be the best way to increase openness at and inspire confidence towards the public administration and can thereby be seen as a tool in enhancing democracy. These rights of freedom of expression and public access to documents have nevertheless been implemented with more or less willingness, with more or less readiness to accept public control of Government activities. Many countries have during the last decades introduced Freedom of Information legislation. The rules differ from country to country. The efficiency of meeting these rights can be hampered in many ways, by deficient willingness, indistinct rules, uncooperative bureaucracy etc., but also by new legal complications as well as the need to protect legitimate interests such as to protect the privacy of the citizen and the Government and to protect the owners of copyright. Another important factor is the rapid computerisation of the public administration. Privatisation of public functions can mean that agencies cease to exist and the functions are in the future carried out by private bodies. One consequence can be that right of access to documents will cease to exist, as this right generally does not apply to private companies. Documents at private companies are usually not considered to be under the Freedom of Information Act legislation, although there can be exceptions. -