The Egyptian government has proposed a new draft law on access to information which observers called improved but not ideal.
Amr Gharbeia, civil liberties director at the Egyptian Initiative for Personal Rights, is quoted as saying that the draft is a “good law overall and a major improvement on the previous government draft.” However, he said there is room for improvement, according to a news article in the English-language Egyptian Independent.
“More clarity is needed on information request procedures, and the draft should have put in place a fast-track procedure for obtaining data where lives are at risk,” he is also quoted as saying.
The Egyptian Organization for Human Rights issued a statement Jan.3 critical of the draft bill.
Government Would Control Information Council
The bill would create a 12-person supreme information council to handle complaints of noncompliance. It would have investigatory powers and could issue binding decisions and penalize government officials for destroying documents. Complaints about council decisions would be heard by an administrative court.
A majority of council members would come from the executive branch. It would have three members chosen by the president and six by the House of Representatives. In addition, the presidency and five representatives from various agencies would be on the council.
Requests would need to be answered within 15 days, with reasons given for refusals based on prescribed exemptions. These include: undermining national security, compromising an ongoing criminal investigation, negatively affecting the country’s economic interests, disclosing commercial and professional secrets of a third party, and undermining privacy.
Gharbeia is quoted as lamenting the lack of a public interest override in the draft.
State Economic Interest Exemption Included
One exemption is specific about banning disclosures that could interfere with management of the economy or result in material losses to the state’s economic interests. Such protected information would cover: expected changes in currency exchange rates; expected changes in customs, tax, or fees rates; expected changes in interest rates of state loans, expected changes in the price of government assets; and any future transaction which the public authorities plans to undertake.
Another provision would exempt disclosure of information related to unverifiable predictions about natural disasters and contagious illnesses. Information which could result in harming or threatening to harm the safety of individuals, also is exempted from disclosure.
The draft provides protections for information related to third party individuals and concerning their private life except in certain narrow situation or if an individual grants permission.
The fee provision says that fees may not exceed double of the cost of extracting the information, with waivers possible for those unable to pay.
Special Needs to Be Met
One unusual provision states that if a requestor has special needs, the information must be provided in an alternative way that is aligned with the special needs of the requestor, if such a format is available to the government agency.
The bill contains a whistle-blower protection provision, limited to environmental and human rights violations.
The draft requires the creation of government websites and the regular release of informaton, still lacks strong enough language on proactive disclosure, according to critics.
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