Agnes Callamard and Bach Avezdjanov: Globalization of Norms
A presentation prepared by Agnes Callamard and Bach Avezdjanov for the annual Justice for Free Expression conference being held on 4-5 April, 2016.
A presentation prepared by Agnes Callamard and Bach Avezdjanov for the annual Justice for Free Expression conference being held on 4-5 April, 2016.
The U.K. First-Tier Tribunal of the General Regulatory Chamber for Information Rights held that a Transitional Risk Register (“TRR”), relating to sweeping changes to the country’s National Health System (“NHS”), should be disclosed under The Freedom of Information Act (“FOIA”) but that a Strategic Risk Register, relating to the changes, was exempt from disclosure. The court found that a public authority must release risk registers evaluating health policy if the request is made when policy consultation and formulation has been largely completed, but not during a period of consultation and when the register includes more sensitive policy information. In the present case, the Court ruled in favor of the public interest in transparency because at the time of the TRR request, the Report largely covered operational and implementation risks being faced by the Department of Health (“DOH”), rather than direct policy considerations. On the other hand, the Court found that the public interest in the Government having safe space to formulate policy took precedence at the time of the SRR request because the request was made at a time when the government was engaged in ongoing policy deliberations.
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