The Council of Ministers approved the Italian Freedom of Information Act (FOIA) in March, but the few things revealed about the text brought fear that the new transparency law is incomplete.

Italy is among the last western democratic countries to follow the American example with the adoption of a Freedom of Information Act. The text was approved a few days ago by the Council of Ministers after much discussion. Indeed, the first version studied in April was judged far too limiting by civil society organizations.

The content of the present so-called Transparency Decree is paradoxically still not public. However, the little information available is not encouraging. This FOIA is obviously an important step forward for the right to information, but civil society groups say they fear the text will be superficial.

Why a FOIA?

Italy needed a Freedom of Information Act to ensure free access, by any citizen who asks for it, to public documents and information. We already know the new text says that any citizen can file a request to the state without any justification, and that a public administration official must answer the request. Any refusal has to be duly motivated.

All citizen requests are naturally free, and the possibility exists to challenge a negative decision. The FOIA also calls for the creation of an observatory in charge of monitoring the implementation of the law.

Concerns

Besides these needed ameliorations, concerns exist about the way in which exceptions to the FOIA are being devised. The Anti-Corruption Authority will be in charge of defining them with more precision, but derogations are already too permissive.

A request can be refused on the grounds that it threatens the protection of economic and commercial interests, for example, or because it is a problem for the financial stability of the state, or if it conflicts with the freedom and confidentiality exceptions.

Therefore, civil society groups are asking to be involved in the process of defining these derogations in order to ensure a true right to information for Italian citizens. Furthermore, the text has to specify sanctions for administrators that refuse to answer a request without any proper justification. Otherwise, the FOIA does not have any strength.

Italy did take a step toward a stronger democracy by recognizing and protecting the right to information, but civil society efforts, which already initiated the law through the campaign #FOIA4Italy, will not stop.

Prime Minister Matteo Renzi broached the subject of an Italian FOIA during his inauguration speech, so citizens will not content themselves with a quasi-recognition of their right to know.