We live in an age when the fear of terrorism and crime mandates restrictions on personal freedom to such an extent that it threatens to strangle the very life of the democracy it seeks to protect. It is a balancing act of public and private interests, involving great risk for the body politic and its citizenry.

For democracy to function legitimately, the governed must have the ability to gather accurate and timely information about the internal workings of their nation, and the reasons behind governmental action. History is scarred with the abuses that have transpired behind the veil of secrecy — and the first step toward totalitarianism and an oppressive police state usually includes the eradication of the means to scrutinise the conduct of officials.

The understanding that open government is essential to fundamental freedoms spans much of history. Aristotle is said to have observed, “If liberty and equality, as is thought by some, are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost.” Well over two thousand years later, the European Parliament and Council enunciated a very similar concept: “Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy... Openness contributes to strengthening the principles of democracy and respect for fundamental rights....”¹

Yet it is no wonder that the public sometimes asserts a widespread distrust of leaders and their organisations. Corruption, selfish political manoeuvring, and precarious economies engender a troubling and rebellious malaise among citizens. The public official is potentially caught on the other side. The need to protect order can require confidentiality and swift action.

Currently, the European Union faces a very real threat. It comes both from the cancer of distrust brought about by random terrorist attacks and from the erosion of social virtues as witnessed in increasing crime rates.

Amid such turmoil, how do we protect both the fundamental rights of each citizen and the integrity of our democracy — for today’s and future generations?

1: Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.