2004 freedominfo.org Global Survey Results - Bosnia and Herzegovina
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Freedom of Information Act was adopted in October 2000 in Bosnia-Herzegovina and in Republika Srpska in May 2001 and went into effect in February 2002. (1) The Act was adopted in July 1999, after Carlos Westendorp, the High Representative for Bosnia and Herzegovina, ordered that a freedom of information bill be developed by the Organization for Security and Co-operation in Europe (OSCE). A high-level group of international and national experts developed the draft bill in June 2000 which was based on some of the best practices from around the world.

The Act applies to information in any form held by any public authority including legal entities carrying out public functions. It also provides for a broad right of access by any person or legal entity, both in and outside of Bosnia. The request must be in writing. The government agency must respond in 15 days. However, the FOI does not apply to international organizations, such as the OSCE, that control the government.

Information can be withheld if it would cause "substantial harm" to defense and security interests, the protection of public safety, crime prevention and crime detection. Nondisclosure is also mandated to protect the deliberative process of a public authority, corporate secrets and personal privacy. A public interest test is applied to all exemptions.

Those who have been denied information can also appeal internally and challenge decisions in court. The Federation Ombudsman can also hear appeals and has issued two opinions on implementation of the FOI. (2) The first, issued before the Act went into force called for Ministries to disseminate guides, a register and select information officers. In the second decision, the Ombudsman recommended against the release of intelligence files related to candidates for the upcoming election. (3)

The use of the law has thus far been limited. According to the Ombudsman:

[A]fter 11 months of application of the Law just a small number of the authorities' organs undertook necessary preparations and timely published acts prescribed by the Law (guidance on application of the Law, index-register information, names of officials responsible for provision of information). If one knows that mentioned legal obligation is related to all public organs (all organs of legislative, judicial and executive authorities), all administrative organs, including legal persons competent for performance of public functions, as well as legal persons owned or controlled by the Federation, cantons, cities or municipalities - number of which is at least couple of hundreds, if not thousands (all schools, faculties, public institutions, public companies, etc.), - number of 126 public organs that acted properly and harmonized their acts in accordance with the Law and forwarded these documents to the Institution of the Federation Ombudsmen, then this number is far from being satisfactory. (4)

The Law on the Protection of Personal Data was enacted in December 2001. It allows individuals to access and correct files containing their personal information held by public and private bodies. It is enforced by a newly created Data Protection Commission.

Notes

1. Freedom Of Access To Information Act For The Federation of Bosnia and Herzegovina, July 2001, http://www.ohr.int/ohr-dept/media-d/med-recon/freedom/default.asp?content_id=7269, Freedom Of Access To Information Act For The Republika Srpska, May 18, 2001. http://www.ohr.int/ohr-dept/media-d/med-recon/freedom/default.asp?content_id=7270.

2. Ombudsmen of the Federation of Bosnia and Herzegovina, Recommendation for the implementation of the freedom of access to information act, Sept 2001. http://www.bihfedomb.org/eng/reports/special/secretfiles.htm

3. Ombudsmen of the Federation of Bosnia and Herzegovina, Recommendation for the implementation of the freedom of access to information act (2). http://www.bihfedomb.org/eng/reports/special/secretfiles2.htm

4. See Ombudsmen of the Federation of Bosnia and Herzegovina, Citizens' Rights to Information and Situation in the Area of Journalistic Freedoms. Annual Report for 2002, March 2003. http://www.bihfedomb.org/eng/reports/2002/rpt2002media.htm