Article | International Soft Law Standards as Guidelines for Balancing the Right to Information and Protection of National Security |
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Authors |
TETYANA OLEKSIYUK
Vice_president, Representative of Ukraine in the Group of Specialists under the Convention of the Council of Europe on Access to Official Documents, Attorney (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-3559-5329 Web of Science Researcher ID: CAG-0789-2022 tetyana.oleksiyuk@gmail.com
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 4 / 2023 |
Pages | 86 - 96 |
Annotation | It is generally recognized that the important democratic right to access official information is not absolute and is subject to restrictions that are necessary to protect other legitimate rights and interests. However, the restriction of access to public information, which is applied for reasons of national security, requires a responsible approach in terms of finding a balance between security interests and the right to access information, especially in times of war. Although the legislation of Ukraine, which determined the rules for restricting access to information, was developed in peacetime, the legal mechanisms laid down in it are quite applicable in the period of armed conflict. Respectively, the government should pursue the law when introducing restrictions and resolve the issues of proportionality and necessity in a democratic society while limiting access to information. The research aims at analyzing international soft law standards while finding answers to the challenges faced by the Ukrainian authorities and society in balancing the protection of national security and the right to information, as well as identifying, where necessary, the need for changes at the level of legislation.
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Keywords | public information; access to official documents; right to information; open data; Tshwane Principles; Johannesburg Principles; Council of Europe Convention on access to official documents; Tromsø Convention |
References | |
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