Freedom of information: Overview, definition and example
What is freedom of information?
Freedom of information refers to the right of individuals, organizations, and the public to access information held by governments, public institutions, or certain private entities under transparency laws. This principle ensures accountability and allows citizens to request and obtain government records, subject to legal exemptions such as national security, personal privacy, or trade secrets.
For example, in the United States, the Freedom of Information Act (FOIA) allows people to request access to federal government records unless the information is classified or falls under a protected category.
Why is freedom of information important?
Freedom of information is important because it promotes transparency, accountability, and public trust in government and institutions. By allowing access to official records, it helps prevent corruption, enables informed decision-making, and supports democratic governance.
For businesses, freedom of information laws can impact regulatory compliance and disclosure obligations, especially for companies working with government agencies. Understanding these laws is essential to managing sensitive data while fulfilling legal responsibilities.
However, freedom of information laws typically include exemptions to protect confidential or sensitive data, balancing transparency with privacy and security concerns.
Understanding freedom of information through an example
Imagine a journalist wants to investigate how government funds were allocated for a public infrastructure project. They file a request under a freedom of information law to access documents detailing project costs and contractor agreements. The government agency is legally required to provide the requested information unless it falls under an exemption, such as classified security details.
In another example, a business competing for a government contract may request records of previous bids through a freedom of information request to understand how contracts are awarded. However, some details, such as proprietary business information, may be redacted to protect trade secrets.
An example of a freedom of information clause
Here’s how a freedom of information clause might appear in a contract or policy:
“The Parties acknowledge that certain records or communications under this Agreement may be subject to disclosure under applicable freedom of information laws. The disclosing Party shall notify the other Party of any requests for disclosure and, where permitted by law, may seek exemptions for confidential or commercially sensitive information.”
Conclusion
Freedom of information ensures public access to government records, promoting transparency, accountability, and informed decision-making. For businesses and organizations, understanding freedom of information laws is critical for managing disclosure obligations while protecting sensitive information. Clear contractual provisions can help balance transparency with confidentiality, ensuring compliance while safeguarding legitimate interests.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.