The content of the right to access information in the modern information society

The article is devoted to the analysis of the content of the right to access information in the modern information society. The key elements of the content of the right to access information are determined in the form of a positive obligation of state bodies to publish information about their activities, policies and budgets, as well as their obligation to respond to requests for information and documents from representatives of the public. The author emphasizes that ensuring the right to access information allows for a better understanding of how government structures function, and also, based on the information received, to assess the level of effectiveness of their work, to draw a general conclusion about the state of observance of information rights of a person and a citizen in society. Two important aspects of access to information are traced, which consist in the right of subjects of information relations to be informed and the corresponding obligation of the relevant subjects to inform. Based on the analysis of doctrinal sources, the author traces the understanding of the content of information activity and the diversity of its types in the modern information society. It is stated that in a democracy, the right to access information is based on the fundamental idea of openness and accessibility of information, which creates broad opportunities for the formation and establishment of social dialogue. The article clarifies the existence of a close relationship between the right to access information and the right to protection of personal data and other human and citizen rights, in particular the right to freedom of thought, speech, and expression. The author considers the substantive boundaries of the right to access information, enshrined at the highest legislative level and set forth in the legal positions of the Constitutional Court of Ukraine. The conclusion is made about the importance of understanding the content of the right to access information, since the need to expand it is the center of modern challenges of the information society. At the same time, access to information may be limited by various elements, but these levers exist in order not to violate other rights, not to create conflicts of interest or threats to national security.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.19
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

The content of the right to access information in the modern information society

Kh.I. Kmetyk-Podubinska
Analytical and Comparative Jurisprudence
Legal and Policy Issues
article

The content of the right to access information in the modern information society

Kh.I. Kmetyk-Podubinska
article en

Abstract

The article is devoted to the analysis of the content of the right to access information in the modern information society. The key elements of the content of the right to access information are determined in the form of a positive obligation of state bodies to publish information about their activities, policies and budgets, as well as their obligation to respond to requests for information and documents from representatives of the public. The author emphasizes that ensuring the right to access information allows for a better understanding of how government structures function, and also, based on the information received, to assess the level of effectiveness of their work, to draw a general conclusion about the state of observance of information rights of a person and a citizen in society. Two important aspects of access to information are traced, which consist in the right of subjects of information relations to be informed and the corresponding obligation of the relevant subjects to inform. Based on the analysis of doctrinal sources, the author traces the understanding of the content of information activity and the diversity of its types in the modern information society. It is stated that in a democracy, the right to access information is based on the fundamental idea of openness and accessibility of information, which creates broad opportunities for the formation and establishment of social dialogue. The article clarifies the existence of a close relationship between the right to access information and the right to protection of personal data and other human and citizen rights, in particular the right to freedom of thought, speech, and expression. The author considers the substantive boundaries of the right to access information, enshrined at the highest legislative level and set forth in the legal positions of the Constitutional Court of Ukraine. The conclusion is made about the importance of understanding the content of the right to access information, since the need to expand it is the center of modern challenges of the information society. At the same time, access to information may be limited by various elements, but these levers exist in order not to violate other rights, not to create conflicts of interest or threats to national security.

Analytical and Comparative Jurisprudence(2)
Human Growth Foundation (US)
Openalex Percentile: Top 86%
Legal and Policy Issues
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