Dimension: 2.2.3 Freedom of information
This dimension concerns legislation on the right to information as it applies to parliament. Commonly known as freedom of information (FOI) legislation, this type of legislation has been enacted in many countries. FOI legislation recognizes that, since public-sector agencies receive public funds, citizens and organizations should expect to be able to request access to specific information regarding their activities and operations.
This same expectation applies to parliament, which should proactively publish information about its work and should also be required to provide specific information on request. This can be achieved either by making parliament part of a general FOI regime, or by establishing specific provisions for parliament, on the basis that parliament is different and separate from executive agencies.
FOI provisions, including those applicable to parliament, should following a number of general principles. These include the following:
- Proactive publishing of predetermined categories of information
- Publishing of open data
- Maximum disclosure
- Limited exceptions
- Facilitated access to information
- A right to appeal to an independent body
Parliamentary FOI provisions should mandate maximum disclosure of information, including on parliament’s procedures and processes and on the parliamentary administration. Any exceptions should be narrowly defined. Parliamentary FOI requirements should take account of the parliamentary privilege enjoyed by individual MPs, particularly in their relationship with constituents, which may limit access to information in very specific circumstances that are defined by law or in other regulations.
Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. should follow detailed FOI guidelines covering, among other things, the following aspects:
- Who can request access and how they can do so
- The deadlines for providing information
- The possibility of choosing the information format (hard copy, digital, etc.)
- The fact that access is free of charge by default, including access to information in an online, machine-readable format (if fees are applied, they should not be higher than the actual cost of retrieving and providing the information)
- The right to complain, and the appeal procedure if information is not provided, only partially provided or not provided in a timely manner
- The storing of data on the requests received and responses provided
See also Indicator 3.1: Transparency of parliamentary processes.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Parliamentary FOI regime
The legal framework establishes a parliamentary FOI regime, which is in line with national and international obligations and best practice. Any citizen or organization can request information under the parliamentary FOI regime.
No 2: Guidelines
Parliament follows detailed FOI guidelines, which require maximum disclosure of information, including information relating to parliament’s procedures and processes and to the parliamentary administration.
No 3: Exceptions
Any exceptions are clearly and narrowly defined by law, with a strong “public interest” test for disclosure. Parliamentary privilege may limit access to information in very specific and clearly defined circumstances.
No 4: Proactive publishing
The parliamentary FOI regime sets standards for the proactive publishing of predetermined categories of information, including in open and machine-readable formats.
No 5: Compliance
Information is provided in response to parliamentary FOI requests in a consistent and timely manner. Refusals to disclose information, or failures to disclose full information, are reviewed by an independent external body, whose decisions are binding.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the legal framework relating to parliamentary FOI
- Parliamentary FOI guidelines
- Categories of proactively published information
- Statistics about FOI requests, including the number of requests received and approved, timeliness, cost, and any appeals and their outcomes
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- ARTICLE 19, The Public Public All the members of a community in general, regardless of their citizenship status. 's Right to Know: Principles on Freedom of Information Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. (1999).
- David Beetham, Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. and democracy in the twenty-first century: A guide to good practice (2006).
- Commonwealth Parliamentary Association (CPA), Recommended Benchmarks for Democratic Legislators, revised edition (2018).
- National Democratic Institute (NDI), Toward the Development of International Standards for Democratic Legislatures (2007).
Get help with this assessment
The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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