julkisuusperiaate

Julkisuusperiaate, or the principle of public access, is a central concept in Finnish public administration and democracy. It states that the activities and documents of public authorities are open to scrutiny by the public, with the aim of promoting transparency, accountability, and trust in public decision-making.

Legal basis and scope: The principle is anchored in the Finnish Constitution and is elaborated in the Act on the Openness of Government Activities (Laki viranomaisten toiminnan julkisuudesta). The act applies to central and local government bodies and to entities performing public tasks, governing access to documents and proceedings. The general rule is that information about public activities is public, subject to defined restrictions.

Access and process: Anyone can request access to documents or to inspect proceedings. Authorities typically must respond without undue delay and may provide copies or allow inspection. In practice, the default expectation is openness, with access becoming a routine part of administrative processes.

Exceptions: The open principle allows for secrecy when required by law. Common grounds for restricting access include protection of personal data and privacy, trade secrets or business secrets, national security, defense, foreign relations, and other confidential matters. Some documents or portions of documents may be withheld, and where access is refused, the authority must justify the decision and inform the requester of any remedies.

Impact and oversight: Public access supports transparency in governance, journalism, research, and citizen participation. If access is denied, remedies typically include administrative appeals and, where applicable, judicial review. The principle operates alongside data protection and privacy laws, which balance openness with individual rights.

Overall, julkisuusperiaate seeks to ensure that public power operates under scrutiny, while maintaining appropriate safeguards for sensitive information.