Transparency and Freedom of Information Act (FOIA) A Booklet (original) (raw)

2004, Protecting the Public’s Right to Know

Democracy depends exclusively on the informedness of the individual citizens -- L. Ron Hubbard Introduction: We live in an age when the fear of terrorism and crime mandates the restriction on personal freedom to such an extent that it threatens to strangle the very life of the democracy it seeks to protect. It is a balancing act of public and private interests, involving great risk for the body politic and its citizenry. For democracy to function legitimately, the governed must have the ability to gather accurate and timely information about the internal workings of their nation, and the reasons behind governmental action. History is scarred with the abuses which have transpired behind the veil of secrecy–and the first step toward totalitarianism and the oppressive police state usually includes the eradication of the means to scrutinise the conduct of officials. It is no wonder that the public asserts a widespread distrust of leaders and their organisations. Mounting corruption, selfish political manoeuvring, and precarious economies engender a troubling and rebellious malaise among citizens. The public official is potentially caught on the other side. The need to protect order can require confidentiality and swift action. Enlightened nations have come to realise, therefore, that an informed populace is necessary for the health and future of any democratic society. The freedoms previous generations have fought and died for must be cherished and protected. Open government is the lifeblood of democracy. Transparency and honest accountability must be maintained; public institutions must be accessible. Currently, as a collection of nations, we stand at the brink. Civilization does face a very real threat, from the cancer of distrust brought about by random terrorist attacks, and the erosion of social virtues as witnessed in increasing crime rates. Amid such turmoil, how do we guarantee the future and integrity of our democratic society? How do we protect the fundamental rights of the citizen? And how do we assure that those same freedoms will exist for our children? Open Government a Curative for Public Distrust Transparency in government was recognized as such a key element to the preservation of freedom and democracy, that in its very first session in 1946, the United Nations General Assembly adopted Resolution 59 (I), stating “Freedom of Information is a fundamental human right and … the touchstone of all the freedoms to which the United Nations is consecrated.” That profound sentiment continues to be reaffirmed decades later, as when the UN Special Rapporteur on Freedom of Opinion and Expression stated in his 1995 report to the UN Commission on Human Rights, “Freedom will be bereft of all effectiveness if the people have no access to information. Access to information is basic to the democratic way of life. The tendency to withhold information from the people at large is therefore to be strongly checked.”