Freedom of information

Freedom of Information (FOI) is really a misnomer. It has very little to do with “free” information. The term “Freedom of Information” refers to laws and policies dealing with people’s access to government records or information. These are sometimes called “open records” laws. In China, for example, these laws are called “Open Government Information” (“OGI”) laws. Indeed, in April 2007, the State Council of the People’s Republic of China took the historic step of issuing its first national OGI decree. I had the privilege of working with a number of experts associated with Yale Law School’s China Law Center in sharing experiences with China in this process, as well as earlier efforts relating to OGI laws in the cities of Guangzhou and Shanghai. In addition, there is often a counterpart to “open records” laws dealing with people’s access to the meetings of public entities. These may also be called “Freedom of Information” or “Government in the Sunshine” laws. It is important to note that some FOI laws are limited to government “records or files,” while other FOI laws cover all government “information” – even that which is not contained in a record or file. In such cases, people are entitled to obtain answers to their questions, even if no government records exist that specifically respond to their inquiry.