The Open Society Justice Initiative is seeking comment on the latest draft of its major effort to craft “Principles on National Security and Right to Information.”
The goal is to complete the project in early April.
Sandra Coliver, Senior Legal Officer, Freedom of Information & Expression, OSJI, presented an overview of the project in testimony to the Legal Affairs and Human Rights Committee of the Parliamentary Assembly of the Council of Europe on Dec. 11. Comments on the draft principles may be sent to Coliver (Sandra.Coliver@opensocietyfoundations.org).
Her testimony explained:
The hope of the drafters is that these Principles will help people in countries grappling with these vexing challenges, many for the first time, to set down legal and policy frameworks that will promote improved democratic oversight of national security information and thereby encourage better informed decision-making; reduce opportunities for hiding corruption and incompetence; improve procedures for safeguarding information whose disclosure would likely cause overriding harm; increase protection of human rights; promote more effective parliamentary and judicial oversight; and enhance genuine security for nations and their people.
The effort has involved extensive consultation with experts, including at sessions worldwide. Coliver told the committee, “The draft before you thus represents the work of some 400 experts from 73 countries who met at a total of nine meetings in 2011 and 2012.” Commentaries are being prepared that will set forth support for each principle.
Maximum Classification Research Continues
One topic still being researched concerns the maximum classification periods for national security information.
Such information has been collected about 19 Council of Europe member states and information from other countries is being requested.
The EU data was done gathered a survey conducted in August-November 2012 by Amanda Jacobsen of the University of Copenhagen Faculty of Law. Experts from nineteen countries completed a detailed questionnaire and responded to follow-up questions. Those countries are: Albania, Belgium, Czech Republic, Denmark, France, Germany, Hungary, Italy, Moldova Netherlands, Norway, Poland, Romania, Russia, Serbia, Slovenia Spain Sweden and Turkey.
EU Research Results
The preliminary results show:
– 13 of 19 states – Albania, Denmark, France (except for information concerning weapons of mass destruction), Germany, Hungary, Italy, Netherlands, Norway, Romania, Russia, Serbia, Slovenia and Sweden – include in their laws or regulations a mandated maximum period for classification.
– 9 states – Czech Republic, Denmark, France, Hungary, Italy, Moldova, Poland, Serbia and Slovenia – require periodic review of classified documents before the conclusion of the maximum period. Most require review at least every 5 years. Slovenia requires yearly review for information classified as top secret.
– Of the 6 states that allow indefinite classification, 3 states – Czech Republic, Moldova and Poland – nonetheless require review of the classification decision at least every 5 years.
– The 3 states that allow indefinite classification without periodic review are Belgium, Spain and Turkey.
The project also has resulted in a paper called “Declassification Procedures in Council of Europe Member States.”
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