The Council of Europe Convention on Access to Official Documents was opened for signature at Tromsø on 18 June 2009, in English and French, both texts equally authentic, in a single copy deposited in the archives of the Council of Europe; the Secretary General transmits certified copies. CETS No. 205. It is not the Aarhus Convention of 1998, nor ETS 108 on personal data, which the preamble bears in mind. The preamble starts from the principle that official documents are in principle public and may be withheld only to protect other rights and legitimate interests.

Article 1: without prejudice to domestic law or treaties recognising a wider right of access; “public authorities” means government and administration, plus legislative and judicial bodies insofar as they perform administrative functions; “official documents” means recorded information drawn up, received or held by those authorities. Article 2: the right of everyone, without discrimination, to have access, on request, to official documents; domestic measures at the latest at entry into force for that Party. Article 3: limitations only set down precisely in law, necessary in a democratic society and proportionate to listed aims (including national security, privacy and justice); refusal if disclosure would harm those interests, unless there is an overriding public interest. A requests handbook or a secrecy-evasion guide is not transcribed.

Articles 4–8, at framework level: no obligation to give reasons; prompt handling; reasoned refusal; inspection free of charge; a copy at a reasonable fee; review before a court or another independent body. Articles 11–15: a Group of Specialists and a Consultation of the Parties, assisted by the Council of Europe Secretariat.

Article 16: open for signature by member States of the Council of Europe; ratification, acceptance or approval deposited with the Secretary General; it enters into force on the first day of the month following the expiration of three months after ten member States have expressed consent to be bound. Wikipedia records 1 December 2020, after Ukraine’s ratification. For later signatories, the same three-month formula applies. Depositary: the Secretary General of the Council of Europe.

Cover: Tromsø city hall, the conference city; we do not claim the hall. Wikimedia Commons, free licence.

Sources consulted: Council of Europe Convention on Access to Official Documents; Council of Europe Convention on Access to Official Documents (CETS No. 205).