Access to information: the role of freedom of information legislation and constitutional guarantees

Abstract

Constitutional guarantees of access to information and their enabling legislation, Freedom of Information Acts are present challenges, prospects and opportunities for records managers. It is widely accepted that records management plays a pivotal role in Freedom of Information implementation. For instance, the preface to the Lord Chancellor's Code of Practice on the Management of Records under section 46 of the Freedom of Information Act 2000 states “(a)ny freedom of information legislation is only as good as the quality of the records to which it provides access. Such rights are of little use if reliable records are not created in the first place, if they cannot be found when needed or if the arrangements for their eventual archiving or destruction are inadequate.” The same can be said about constitutional guarantees of access to information. Constitutional guarantees of access to information would be fruitless where good quality records are not created, where access to them is difficult, and where procedures are lacking on records disposal. Constitutional guarantees of access to information on their own have minimal impact. However, it is becoming common that countries with constitutional guarantees of access to information end up enacting freedom of information legislation as enablers. Constitutional guarantees on access to information therefore present the records manager with the opportunity developing records management programmes which will fit perfectly once freedom of information is legislated. To translate into anything meaningful constitutional guarantees of access to information just like freedom of information rely on sound records management. The records manager should use the enactment of freedom of information to promote and market sound management of records. Institutional placement of a national archival agency might need to be reviewed in a government setting with the move towards freedom of information across the world.

Keywords: access to information, constitutional guarantees, freedom of information legislation

ESARBICA Journal Vol. 24 2005: 43-57