Access to Environmental Information from Private Entities: A Rights‐Based Approach

Abstract

Access to information laws are increasingly being adopted, usually based on democratic ideals of government transparency and accountability. Some of these laws include private entities as obligated parties insofar as they exercise public authority or perform public functions. A human rights approach is taken when the law provides for public access to information held by private entities or individuals when it is required for the protection of the applicant's fundamental (or other) rights. This is the case in South Africa and Colombia, where access to information laws provide the possibility of any member of the public to seek and receive information from private persons for the protection of his individual rights. The present study explores this trend from the perspective of participatory rights found in the Aarhus Convention and other international instruments, with a view to analysing its potential contribution to increasing environmental transparency and effective public participation in environmental matters.