Access to public information and national security discussed at international conference

The exercise of the right of access to public information is one of the fundamental freedoms of man and citizen, which contributes to the exercise of public control over the actions of public authorities. This was stated by Mykhailo Smokovych, President of the Administrative Cassation Court of the Supreme Court, during the International Conference ‘Balancing access to information and national security – lessons from Ukraine during armed conflicts’.

During the panel discussion on the balance of national security and access to public information, the President of the Administrative Cassation Court of the Supreme Court noted that in the context of the full-scale invasion of Russia, ensuring information security and access to public information is one of the most important tasks for Ukraine.

Mykhailo Smokovych drew attention to the ECHR case law on violation of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, he spoke about the judgment in the case of Volodymyr Torbich v. Ukraine regarding the refusal to grant a journalist access to information managed by public authorities. With regard to the ECHR judgments, which found a violation of Article 10 of the Convention due to the failure to provide information of public interest, the President of the SC ACC cited the ECHR judgment in the case of Centre for Democracy and the Rule of Law v. Ukraine as an example. He noted that these decisions are important for courts when considering cases on access to public information.

The President of the Administrative Cassation Court of the Supreme Court also cited the experience of Lithuania and Poland on access to public information. According to Mr. Smokovych, the Ukrainian judiciary protects human rights at a fairly high level compared to other countries. While Ukrainian courts can oblige to provide information, in other countries this is called ‘taking over the powers of the authorities’. Therefore, the mechanisms that administrative courts have are quite significant.

Mykhailo Smokovych also raised the issue of bringing to justice and the purpose of a request for public information.

In addition, during the event, the participants learnt about international standards and practices in ensuring the right to information during armed conflicts. They also considered how to ensure access to public information in the context of armed conflict, and discussed issues of access to information and national security in the context of media work.

The conference was organised by the United Nations Development Programme (UNDP) in Ukraine in partnership with the Ukrainian Parliament Commissioner for Human Rights.

Photos courtesy of the organisers.