What is a constitution?
A constitution is the basic law of a given country. It lays out the formal structure of the state, defining the central governments powers and institutions. Moreover, it specifies the relationship between the central government and other levels. Additionally, the constitution establishes the rights of citizens and thereby creates limits on the government.
How many of the 47 countries within the Council of Europe have a constitutional provision on access to information?
25 of the member states of the Council of European have a constitutional provision on access to information.
Where can you normally find the constitution?
In most cases it is possible to access the constitution through the government of each country´s official website. However, at times the document will only appear in the native language. In addition, it is possible to find the different constitutions of the country within the European region on: http://www.access-info.org, under the category ´Laws and Standards´.
Is a constitutional provision better/equal to an access information law?
The constitutional provision is important for the recognition of access to information as a fundamental human right. Whereas, the access to information law is a detailed, mechanism by which the public can request and receive information; often access to information laws also lay out proactive publication obligations by which information must be made available without the need for reqeusts. The best thing for a country would be to have both, as they complement each other and are important in different ways.
What is the best constitutional provision?
South Africa is the country which has the broadest and most comprehensive constitutional provision, which includes private bodies.
South Africa: The 1996 Constitution of South Africa reads:
Section 32 (1) – Everyone has the right of access to:
a) any information that is held by the state; and
b) any information that is held by another person and that is required for the exercise or protection of any rights.
Section 32 (2) – National Legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.
Section 32(1)(b) was the first constitutional provision that provided for a comprehensive right of access to privately-held information. Kenya’s Constitution now also provides for such a right.
Link to constitution of South Africa
In Europe many countries have strong constitutional provisions, including for example, Finland and Croatia:
Finland: The 2000 constitution states:
Section 12 (1) – Everyone has freedom of expression. Freedom of expression entails the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. More detailed provisions on the exercise of the freedom of expression are laid down by an Act. Provisions on restrictions relating to pictorial programs that are necessary for the protection of children may be laid down by an Act.
Section 12 (2) – Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.
Croatia: The Constitution was amended in 2010 to strengthen the right of access to information:
Article 38 – The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law.
If I do not have a constitutional provision should I be campaigning for one?
Yes, if you do not have access to information as a fundamental right or if your current law isn’t strong enough, you might want to consider campaigning for a constitutional provision. Countries which have recently modified their constitutions to recognise the right to information include Norway, Croatia, Chile and Morocco. In some countries, however, the lack of a constitutional provision is compensated by a strong access to information law.
See constitutional provisions by clicking on read more
Albania – Constitution of the Republic of Albania 1998, last amended in 2008 (Kushtetuta e Republikës së Shqipërisë)
Link to constitution
Article 23 (1) – The right to information is guaranteed.
Article 23 (2) – Everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions.
Article 23 (3) – Everybody is given the possibility to follow the meetings of collectively elected organs.
Andorra – Constitution of the Principality of Andorra 1993 (Constitució d’Andorra)
Link to constitution
There is no constitutional provision protecting access to information.
Armenia – The Constitution of the Republic of Armenia 1995, last amended in 2005 (ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅԱՆ ՍԱՀՄԱՆԱԴՐՈՒԹՅՈՒՆ)
Link to constitution
There is no constitutional provision protecting access to information.
Austria – Federal Constitutional Law 1920, last amended in 2010 (Bundes – Verfassungsgesetz)
Link to constitution
Article 20 (4) – All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain secrecy;
Azerbaijan – Constitution of the Republic of Azerbaijan 1995, last amended in 2009 (Azərbaycan konstitusiyası)
Link to constitution
Article 50 (1) – Everyone is free to look for, acquire, transfer, prepare and distribute information.
Article 50 (2) – Freedom of mass media is guaranteed. State censorship in mass media, including press is prohibited.
Article 50 (3) – Everyone’s right to refute or react to the information published in the media and violating his or her rights or damaging his or her reputation shall be guaranteed
Belgium – The Constitution of Federal Belgium 1831, last amended in 2013 (La constitution de la Belgique fédérale)
Link to constitution
Article 32 – Everyone has the right to consult any administrative document and to obtain a copy, except in the cases and conditions stipulated by the laws, federal law or rules referred to in Article 134.
Bosnia and Herzegovina – Constitution of Bosnia and Herzegovina 1995, last amended in 2009 (Ustav Bosne i Hercegovine) (Ustav Bosne i Hercegovine) (Устав Босне и Херцеговине)
Link to constitution
There is no constitutional provision protecting access to information.
Bulgaria – The Constitution of the Republic of Bulgaria 1991, last amended in 2007 (Конституция на Република България)
Link to constitution
Article 41 (1) – Everyone shall be entitled to seek, obtain and disseminate information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality.
Article 41 (2) – Everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others.
Croatia – The Constitution of the Republic of Croatia 1990, last amended in 2010 (Ustav Republike Hrvatske)
Link to constitution
Article 38 – The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law.
Cyprus – The Constitution of the Republic of Cyprus 1960 (Το Σύνταγμα)
Link to constitution
There is no constitutional provision protecting access to information.
Czech Republic – Charter of Fundamental Rights and Freedoms 1992 provides for a right to information, last amended in 1998 (Listina Základních Práv a Svobod)
Link to Charter of Fundamental Rights and Freedoms
Article 17 (1) – Freedom of expression and the right to information are guaranteed.
Article 17 (2) – Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State.
Article 17 (3) – Censorship is not permitted.
Article 17 (4) – The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality.
Article 17 (5) – Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law.
Denmark – The Constitutional Act of Denmark 1849, last amended in 1953 (Grundloven)
Link to constitution
There is no constitutional provision protecting access to information.
Estonia – Constitution of the Republic of Estonia 1992, last amended in 2007 (Eesti Vabariigi põhiseadus)
Link to constitution
Article 44 (1) – Everyone has the right to freely obtain information disseminated for public use.
Article 44 (2) – All state agencies, local governments, and their officials have a duty to provide information about their activities, pursuant to procedure provided by law, to an Estonian citizen at his or her request, except information the disclosure of which is prohibited by law, and information intended exclusively for internal use.
Article 44 (3) – An Estonian citizen has the right to access information about himself or herself held in state agencies and local governments and in state and local government archives, pursuant to procedure provided by law. This right may be restricted pursuant to law to protect the rights and freedoms of others or the confidentiality of a child’s parentage, and in the interests of preventing a criminal offence, apprehending a criminal offender, or ascertaining the truth in a criminal proceeding.
Article 44 (4) – Citizens of foreign states and stateless persons who are in Estonia have the rights specified in paragraphs two and three of this section equally with Estonian citizens, unless otherwise provided by law.
Finland – The Constitution of Finland 2000, last amended in 2011 (Suomen perustuslaki)
Link to constitution
Section 12 (2) – Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.
France – The Constitution 1958, last amended in 2008 (La Constitution)
Link to constitution
There is no constitutional provision protecting access to information.
Georgia – The Consitution of Georgia 1995, last amended in 2006 (საქართველოს კონსტიტუცია)
Link to constitution
Article 41 (1) – Every citizen of Georgia shall have the right to become acquainted, in accordance with a procedure prescribed by law, with the information about him/her stored in state institutions as well as official documents existing there unless they contain state, professional or commercial secret.
Article 41 (2) – The information existing on official papers pertaining to individual’s health, his/her finances or other private matters, shall not be accessible to any one without the consent of the individual in question except in the cases determined by law, when it is necessary for ensuring the state security or public safety, for the protection of health, rights and freedoms of others.
Germany – Basic Law for the Federal Republic of Germany 1949, last amended in 2009 (Grundgesetz für die Bundesrepublik Deutschland)
Link to constitution
There is no constitutional provision protecting access to information.
Greece – The Constitution of Greece 1975, last amended in 2008 (το Σύνταγμα της Ελλάδας)
Link to constitution
There is no constitutional provision protecting access to information.
Hungary – The Fundamental Law of Hungary 1949, last amended in 2012 (Magyarország Alaptörvénye)
Link to constitution
Article 6 (2) – Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest.
Article 6 (3) – The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.
Iceland – Constitution of the Republic of Iceland 1944, last amended 1999 (Stjórnarskrá lýðveldisins Íslands)
Link to constitution
There is no constitutional provision protecting access to information.
Ireland – Constitution of Ireland 1937, last amended in 2011 (Bunreacht na hÉireann)
Link to constitution
There is no constitutional provision protecting access to information.
Italy – Constitution of the Italian Republic 1948, last amended in 2007 (La Costituzione)
Link to constitution
There is no constitutional provision protecting access to information.
Latvia – Constitution of the Republic of Latvia 1922, last amended in 2009 (Satversme)
Link to constitution
Article 100 – Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited.
Article 104 – Everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply. Article 115 – The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment.
Liechtenstein – Constitution of Liechtenstein 1921
There is no constitutional provision protecting access to information.
Lithuania – Constitution of the Republic of Lithuania 1992, last amended in 2002 (Lietuvos Respublikos Konstitucija)
Link to constitution
There is no constitutional provision protecting access to information.
Luxembourg – The Constitution of Luxembourg 1886, last amended in 2009 (Constitution de Luxembourg)
Link to constitution
There is no constitutional provision protecting access to information.
Macedonia – Constitution of the Republic of Macedonia 1991, last amended in 2011 (Устав на Република Македониjа)
Link to constitution
Article 16 – The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed. The right of reply via the mass media is guaranteed.The right to a correction in the mass media is guaranteed. The right to protect a source of information in the mass media is guaranteed. Censorship is prohibited.
Malta – Constitution of Malta 1964, last amended in 2001 (KOSTITUZZJONI TA’ hMALTA)
Link to constitution
There is no constitutional provision protecting access to information.
Moldova – Constitution of the Republic of Moldova 1994 (Constitutia Republicii Moldova)
Link to constitution
Article 34 (1) – Having access to any information of public interest is everybody’s right that may not be curtailed.
Article 34 (2) – According with their established level of competence, public authorities shall ensure that citizens are correctly informed both on public affairs and matters of personal interest.
Article 34 (3) – The right of access to information may not prejudice either the measures taken to protect the citizens or the national security.
Article 34 (4) – The State and private media are obliged to ensure that correct information reaches public opinion.
Article 34 (5) – The public media shall not be submitted to censorship.
Monaco – Constitution of the Principality of Monaco 1962, last amended in 2002
Link to constitution
There is no constitutional provision protecting access to information.
Montenegro – Constitution of the Republic of Montenegro 2007
Link to constitution
Article 51 (1) – Everyone shall have the right to access information held by the state authorities and organizations exercising public authority.
Article 51 (2) – The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy.
Netherlands – The Constitution of the Kingdom of the Netherlands 1983, last amended in 2002 (De Grondwet voor het Koninkrijik der Nederlanden)
Link to constitution
Article 110 – In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament.
Norway – The Constitution of the Kingdom of Norway 1814, last amended in 2012 (Kongerigets Norges Grundlov)
Link to constitution
Article 100 (4) – Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.
Poland – The Constitution of the Republic of Poland 1997, last amended in 2006 (Konstytucja Rzeczypospolitej Polskiej)
Link to constitution
Article 61 (1) – A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury.
Article 61 (2) – The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings.
Article 61 (3) – Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State.
Article 61 (4) – The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.
Portugal – Constitution of the Portugese republic 1976, last amended in 2005 (Constituição da República Portuguesa)
Link to constitution
Article 268 (1) – Citizens shall possess the right to be in formed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them.
Article 268 (2) – Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privacy, citizens shall also possess the right of access to administrative files and records. (3)Administrative acts shall be subject to notifi cation to the interested parties in the form laid down by law, and when they affect rights or interests that are protected by law, shall be based on express grounds that can be accessed by the parties.
Article 268 (4) – Citizens shall be guaranteed effective judicial oversight of those of their rights and interests that are protected by law, particularly including the recognition of the said rights and interests, the impugnation of any administrative act that harms their rights and interests, regardless of its form, the issue of positive rulings requiring the practise of administrative acts that are due by law, and the issue of adequate injunctions.
Article 268 (5) – Citizens shall also possess the right to challenge administrative rules which possess external force and which harm any of their rights or interest s that are protected by law.
Article 268 (6) – For the purposes of (1) and (2) above the law shall lay down a maximum time limit for responses by the Administration.
Romania – Constitution of Romania 199, last amended in 2003 (Constituția României)
Link to constitution
Article 31 – A person’s right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security. […]
Article 1 – The individual’s free and unconstraint access to public information, thus defined in this Law, represents one of the fundamental principles of the relations between the individuals and the public authorities in conformity with the Romanian Constitution and the international documents ratified by the Romanian Parliament.
Russia – Constitution of the Russian Federation 1993, last amended in 2008 (Конституция Российской Федерации)
Link to constitution
There is no constitutional provision protecting access to information.
San Marino
There is no constitutional provision protecting access to information.
Serbia – Constitution of the Republic of Serbia 2006 (Устав Републике Србије)
Link to constitution
Article 51 (2) – Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.
Slovakia – The Constitution of the Slovak Republic 1992, last amended in 2004 (Ústava Slovenskej republiky)
Link to constitution
Article 26 (5) – State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law.
Slovenia – Constitution of the Republic of Slovenia 1991, last amended in 2013 (Ustava Republike Slovenije)
Link to constitution
Article 39 – […] Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law.
Spain – The Spanish Constitution 1978 (La Constitución española)
Link to constitution
There is no constitutional provision protecting access to information.
Sweden – The Constitution of Sweden 1766, last amended in 2009 (Grundlagar)
Link to constitution
The Freedom of the Press Act. Chapter 2. Article 1 – Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information.
Switzerland – Federal Constitution of the Swiss Confederation 1999, last amended in 2010 (Bundesverfassung der Schweizerischen Eidgenossenschaft / Constitution fédérale de la Confédération suisse / Costituzione federale della Confederazione Svizzera)
Link to constitution
There is no constitutional provision protecting access to information.
Turkey – Constitution of the Republic of Turkey 1982, last amended in 2007 (Türkiye Cumhuriyeti Anayasası)
Link to constitution
There is no constitutional provision protecting access to information.
Ukraine – Constitution of Ukraine , last amended in 2004 (Конституція України)
Link to constitution
Article 34 (1) – Everyone shall be guaranteed the right to freedom of thought and speech, and to free expression of his views and beliefs.
Article 34 (2)– Everyone shall have the right to freely collect, store, use, and disseminate information by oral, written, or other means at his discretion.
Article 34 (3) – The exercise of such rights may be restricted by law in the interests of national security, territorial integrity, or public order, for the purposes of preventing disturbances or crimes, protecting the health of the population, protecting the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.
United Kingdom
There is no constitutional provision protecting access to information.