Indicator 2. Limitations to the right to access information should be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting, in particular: i. national security, defence and international relations ii. public safety; iii. the prevention, investigation and prosecution of criminal activities (with special focus on police when analysing this sector); iv. privacy; v. commercial and other legitimate economic interests; vi. the equality of parties concerning court proceedings; vii. inspection, control and supervision by public authorities; viii. the economic, monetary and exchange rate policies of the state ix. the deliberations within or between public authorities concerning the examination of a matter

Limitations to FAI should be set down precisely in law, be necessary in a democratic society and proportionate to the aim of protecting particularly important interests, such as national security, public safety, privacy, prevention, investigation and prosecution of crime, commercial and other legitimate economic interests, economic, monetary and exchange rate policies of the state, etc

Summary

The legislations of the analysed countries are broadly in line with relevant international standards with regards to limitations to FAI. However, some other prescribed in other laws envisaging various classes of information that must be kept secret. This provides a broad field for interpretation and a wide margin of appreciation in deciding on whether to allow access to information or not.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD