Speaking and Governing through Freedom of Access to Environmental Information
Résumé
The principle of freedom of access to sanitary and environmental information produced by industry for regulatory purposes should enable citizens, NGOs, scientists and governments to check data and re-assess substance toxicity risks. Through this, it supports opportunities to speak and to participate in the governance process. Under freedom of information laws, the ability to improve transparency, independently re-assess risks and exercise free speech relies on the availability of data. However, access to environmental information is limited by companies’ property rights, a source of legal exception to the principle of free access. Restrictions within environmental and sanitary information laws show commonalities with the field of information commons, in terms of access enclosure (trade secrets, confidentiality, intellectual property, data protection) and the conditions of producing effective free speech depending on the reusability of information (open data, open formats). This chapter examines the limits imposed by environmental law and regulatory practices on free speech, and considers institutional changes and the integration of open science and open data principles to improve both the governance of information produced by industry and its availability for the public to develop analysis and speech.
Origine : Accord explicite pour ce dépôt
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