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Innovations
and Practices
Opening
closed doors: Using the right to information for better
policing
What
is the right to information?
A
vibrant democracy requires an informed community and transparency
of information. People can be empowered and democracy can
be deepened by promoting people's right to access information.
Through the use of this right, corruption can be fought
and authorities can be held accountable to the governed.
The
right to information is a fundamental right. The right's
status as a legally binding treaty obligation was affirmed
in Article 19 of the International Covenant on Civil and
Political Rights which states: "Everyone has the right to
freedom of opinion and expression; this right includes freedom
to hold opinions without interference to seek, receive
and impart information and ideas through any media regardless
of frontiers."
It
is important that the right to information is recognised
as a right because it is key to
democracy and development, makes participatory democracy
meaningful, cements trust in the government, supports people-centred
development, facilitates equitable economic growth, combats
corruption and allows people to realise the full range of
their human rights.
Good
policing and the right to information
The
right to information should form a cornerstone for effective
policing in the Commonwealth. Right to Information Acts
hold great potential to play a key part in reforming the
administration of police, securing a right for every citizen
to question and examine traditionally clandestine aspects
of police misconduct. Implementing right to information
laws can go a long way towards achieving the creation of
confident, credible police that can secure the trust of
communities.
Applying
the right to information not only opens the police up to
a higher level of scrutiny, it also promotes community participation
in policing. The potential benefits of the right to information
on police-public relations should not be underestimated
nor hindered through poor execution.
Two
countries where right to information laws have been put
in place are the United Kingdom and India. In both cases,
the implementation of this legislation has resulted in moves
towards increased organisational transparency and accountability.
The
right to information and policing in the United Kingdom
The
Freedom of Information Act 2000 enables the public to access
all types of recorded information held by public authorities
- including the police - in the United Kingdom. The Data
Protection Act 1998 gives the public the right to access
information about themselves, but as far as public authorities
are concerned, the Freedom of Information Act extends this
right to allow public access to all types of information
held1.
The
Freedom of Information Act Publication Scheme has been developed
in order to ensure the proactive provision of information
to the public. The scheme follows the format that has been
used by police services in Wales and Northern Ireland and
is regularly reviewed. For example, the Sussex Police2 publishes
- or intends to publish - the following information:
-
Information concerning police investigations
- Who's
Who and Where
- Aims,
Objectives and Plans
- Chief
Officers Expenses
- Chief
Constable's Annual Report
- Policies
- Executive
Decision Meetings and;
- How
Are We Doing?
The
right to information and policing in India
The
Right to Information Act came into force in India in October
2005, and is binding on all states except Jammu and Kashmir.
The main purpose of this legislation is for public authorities,
including the police, to provide maximum disclosure of information
with minimum exemptions. Certain public organisations are
exempt from offering information under the Act. These include
Special Branch Lakshadweep Police, the Crime Branch - CID-CB
and Special Branch (CID). However, this exclusion is not
absolute and these organisations are still required to provide
information pertaining to human rights violations and corruption3.
Information about human rights violations by security agencies
such as the police must be presented to the applicant within
45 days.
The
Right to Information Act also establishes an Information
Commission with administrative powers to ensure and monitor
compliance with the Act and to hear appeals.
The
type of information that the police are required to disclose
is many and varied and includes:
-
The particulars of its organisation, functions and duties
-
The powers and duties of its officers and employees
- The
procedure followed in the decision-making process, including
channels of supervision and accountability
-
The rules, regulations, instructions, manuals and records,
held by it or under its control or used by its employees
for discharging its functions
-
The particulars of any arrangement that exists for consultation
with, or representation by, the members of the public
in relation to the formulation of police policy or its
implementation
-
The budget allocated to the police · A directory of its
officers and employees
The
right to information and the police-public relationship
The
promotion of a good police-public relationship is crucial
in order to bring about public involvement and cooperation
in the daily functioning of the police. The police must
be made aware of their obligations and requirements under
right to information laws, and the public in turn must be
informed of the legislation and the rights that the laws
give them. The right to information has the potential to
reform the police from within. It means a police more focused
on a public service role, especially concerning information
flow and procedures. This promises to reform police culture
from what is traditionally considered a secretive branch
of the executive to an open service dedicated to the people.
1. Official Website of South Wales
Police - "Freedom of Information"
http://www/south-wales.police.uk/fe/master.asp?nl=4&n2=148
2. Sussex Police Online - "Your Right to Information": http://www.sussex.police.uk/foi/introduction.asp
3. Right to Information Act (India) : http://persmin.nic.in/RTI/WebFaqRTI.htm#9
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