Half of FOI Laws Not Working, AP Concludes

17 November 2011

“More than half the countries with right-to-know laws do not follow them,” the Associated Press concluded after conducting an international test of access laws.

AP reporters submitted questions in January “about terrorism arrests and convictions, vetted by experts, to the European Union and the 105 countries with right-to-know laws or constitutional provisions.”

The results are to be posted on AP’s Facebook page. The summary story is here.

The news service concluded, “More than half the countries did not release anything, and three out of 10 did not even acknowledge the request.” More specifically, only 14 countries answered in full within their legal deadline, 38 countries eventually answered most questions, 54 have yet to provide answers, 35 of those never even acknowledged receiving the request, and six refused to disclose information, citing national security.

“Newer democracies were in general more responsive than some developed ones,” according to AP’s study.

Guatemala sent all documents in 10 days, and Turkey in seven. India was praised, too, in the report. India was one of just 14 countries that replied to the AP’s request in full and on time. Authorities responded within their legal deadline of a month, and even gave more than was asked: A state-by-state breakdown. Mexico gave the AP all the information requested within two months. The top 10 fastest replies came from the Cook Islands, Finland, Montenegro, Peru, Ireland, Turkey, Latvia, Estonia, Guatemala and Georgia.

“By comparison, Canada asked for a 200-day extension, and the FBI in the United States responded six months late with a single sheet with four dates, two words and a large blanked section,” according to the Nov. 17 report.

In the U.S., “the AP had to mail letters to six branches of the Justice and Homeland Security departments, email the FBI and follow up with 18 telephone calls. In return came 40 pieces of mail, with useful information only in two spreadsheets, and even then with names blanked out.”

“The U.S. law is showing its age,” the report states.

The report is laced with stories about people using access laws.

The story was written by Martha Mendoza and edited by Assistant International Editor Mary Rajkumar, is the second part of AP’s global freedom of information project. The first part, “Convicted for Terror,” which documented the number and nature of terrorism arrests and convictions worldwide since 9/11, was released on Sept. 4.

Readers are invited to submit suggestions for future AP freedom of information requests in any country.

Information on the methodology and findings along with videos and documents also have been posted.

 

Six Questions Asked

 

 Here are the questions AP asked in what it calls “in the first worldwide test of freedom of information:

 

 

        1.    Any documents, memos, reports, or other records that would show how many people have been arrested and how many convicted each year for the past ten years under federal anti-terrorism laws.

.       2.   Any documents, memos, reports, or other records that would show how many people have been detained without arrest each year for the past ten years for ties to terrorism.

 

       3.    Any documents, memos, reports, or other records that would show the current status of people convicted and the sections and subsections of crime under which they have been convicted under antiterrorism laws during the past 10 years.

 

       4.    Any documents, memos, reports, or other records that would show the nationality of those arrested and convicted under anti-terrorism during the past 10 years.

 

       5.    Any documents, memos, reports, or other records that would show the names, dates and circumstances for people arrested under federal anti-terrorism laws for the past ten years.

 

       6.    Any audits, surveys or studies of federal anti-terrorism published in the last 10 years.

 

AP reported on its findings about terrorism convictions in earlier reports, also available on the Facebook page.

 

 

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