The Council of Europe’s Access Info Group (AIG), an independent group of experts that monitors the implementation of the Council of Europe Convention on Access to Official Documents by its parties, has published its first baseline evaluation reports on Albania and Armenia.
The reports contain comprehensive analysis of the compatibility of Albania’s Law on the Right to Information and of Armenia's Law on Freedom of Information.
In its report on Albania, the AIG finds that the Law on the Right to Information largely aligns with the principles and obligations of the convention. Most of the law’s limitations on the right of access to official documents comply with the treaty’s permissible grounds for restricting this right. However, the AIG recommends that Albania reconsiders the limitation on grounds of based on protecting professional secrecy.
In its report on Armenia, the AIG considers that while the Law on Freedom of Information covers a broad range of public authorities, it should make clear that all entities exercising administrative authority and all information that is held by public authorities fall within its scope of application. The AIG issues a number of recommendations to the country to ensure compliance with the treaty.
The Council of Europe Convention on Access to Official Documents (also known as the Tromsø Convention) is the first-ever binding international legal instrument to recognise everyone’s right to access official documents held by public authorities upon request.
It lays down minimum obligations for its Parties to guarantee the right to access official documents, balancing the protection of the public interest in transparency with the protection of other legitimate interests, such as national security, defence and international relations. The treaty also establishes obligations on the procedures for handling requests for information and the review of denial decisions by an independent body or a court.
The Access Info Group (AIG) is a body established by the Tromsø Convention to evaluate the treaty’s implementation by the parties in law and practice and to make recommendations to fully comply with its provisions. It is composed of ten independent experts in the field of access to official documents. Based on its work, a second monitoring body, the Consultation of the Parties, addresses recommendations to the Parties. So far, 17 states have ratified the treaty and another four have signed it with a view to its ratification.
