Weighing the Public Interest in the Disclosure of Government Information

Abstract

Disclosure of government information involves the interests of the applicant, third parties and the public. Both systems for assessment of the public interest and the lessening importance of the applicant’s qualifications make public interest the principal driver for disclosure of information. Exemptions to disclosure contain an implicit public interest. In conflicts between opposing interests over disclosure and non-disclosure, public interest is the key to balancing interests. Public interests supporting disclosure are related to such values as the right to know, democracy and public participation, whereas the interests supporting non-disclosure tend to be implicit in the exemptions to disclosure. Multiple interest entities and the two-sidedness of public interest increase the complexity of weighing the interests involved. Full and comprehensive analysis of interests and the exclusion of unrelated considerations are the premise for assessment of interests. Prioritizing the public interest and prioritizing openness are institutional values of the laws on disclosure of information and the fundamental principle for assessing interests.