INTERNATIONAL LEGAL STANDARDS OF PERSONAL RIGHTS FOR ACCESS TO INFORMATION

Abstract

An important element of the life of a person and society is information; the importance of information in modern society is difficult to overestimate. The person’s ability to access information can be called «one of the foundations of a civil society that enables effective control of the authorities and influences decisions of its authorized bodies» and ensures the natural development of society as a whole. The purpose of the article is the need to pay attention to ensuring the right of a person to access information in the context of European standards as the fundamental key constitutional right of the individual.

Analyzing the abovementioned norms of the legislation and practices of the ECHR, it can be argued that the right to access information may be in its nature both absolute and relative. This right is relevant in the case where the right to receive information of a person corresponds to the obligation of a particular subject to provide such information. The right becomes absolute when the right of an individual to access information stands against the obligation of an unlimited number of people «not to restrict access to existing information».

Restrictions on access to certain types of information and data, in particular, are provided in Article 10 (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms, which states that «the exercise of these freedoms [expressions of views, reception and communication of information], since it is connected with duties and responsibility, may be subject to such formalities, conditions, restrictions or sanctions, which are established by law and are necessary in a democratic society...».

Thus, in accordance with the provisions of the ECHR judgment in the Commonwealth of the Mothers of the South of the Czech Republic v. The Czech Republic, «when the right to information may endanger the rights of others, public safety or the health of people, the limits of the right to access such information are restricted by the provisions, as set out in Article 10, paragraph 2, of the Convention...».

To sum up, the right to access information is one of the key constitutional human rights. The right in the context of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms is considered as a part (a separate element) of the right to freedom of expression. Depending on the «mode» of information that a person attempts to exercise on the right to access, access to information may be free and limited. The restriction of the right to access information is conditioned by the need to respect the rights and freedoms of others.