Obligation
Transparency and Access to Information
International and regional treaties establish that everyone has the right to seek and receive information.[1] While an important right itself, access to information is also a critical means of ensuring transparency and accountability throughout the electoral process. When taken together with the state’s obligation to take the steps necessary to give effect to rights and with the transparency-related elements of the obligation to prevent corruption, a strong argument can be made for an obligation for transparency in the electoral process.
A limited set of reasonable and objective restrictions may be placed on access to information. Such restrictions include those in the interests of:
- National security;[2]
- Protecting territorial integrity;[3]
- Public safety;[4]
- Maintaining the authority and impartiality of the judiciary;[5]
- The prevention of disclosure of information received in confidence.[6]
In addition, access to information may be restricted in order to protect the rights and freedoms of others and when an expression seeks to destroy other established rights.[7] It may also be restricted to protect personal data.[8] States should take steps to ensure access to information for people with disabilities without additional cost.[9]
Issues
- Transparency and Access to Electoral Documents
- Voter Access to Registration Information
- Transparency in the Reporting, Transmission, and Publishing of Election Results
- Pluralistic and Balanced Media
- Access to Electoral Information
- Transparent Dispute Resolution Process
- Transparency in Creating and Maintaining the Voter List
- Disclosure of Campaign Finances
- Voter Registration in Minority Languages
- Free Airtime and Paid Advertising
- Access to Information and Electoral Management Body Documents
- Access to Information and Electoral Documents
- Privacy and Voter Registration
- Protection of Sources
- Transparency in Electoral Management Body Decision Making and Procurement
- Protection of Personal Data
- States Authorities Responsible for Upholding Rights
- Election Observation
- Observation of the Campaign Period
- Partisan and Nonpartisan Observation of Vote Counting and Tabulation
- Partisan and Nonpartisan Observation of Voting Operations
- Partisan and Nonpartisan Observation of the Voter Registration Process
- Internet and Exercise of Rights Online
- Business and Protection of Human Rights
- Provision of Voter Education by the Electoral Management Body
Transparency and Access to Electoral Documents
- Relevant Election Parts:
- Candidacy and Campaigning
The state proactively put in the public domain government information of public interest
- States should proactively put in the public domain government information of public interest. [?]
The right of access to information was protected for everyone
- Everyone has the right to seek and receive information. [?]
- States should take steps to ensure access to information for persons with disabilities without additional cost. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
- An applicant for an official document should not be obliged to give reasons for requesting an official document. [?]
Voter Access to Registration Information
- Relevant Election Parts:
- Voter Registration
Citizens had access to information regarding their inclusion on the voter list, and this information was provided to them in an intelligible format
- Everyone has the right to receive information about his/her inclusion on the voter list. [?]
- Everyone who offers proof of identity has the right to know whether information concerning him/her is being processed, and to obtain it in an intelligible form. [?]
The state proactively put information regarding voter registration in the public domain
- Everyone has the right to seek and receive information. [?]
- States should proactively put in the public domain government information of public interest. [?]
The voter list was publicly displayed, and there was adequate time for public inspection of the list, including time for objections and the adjudication of disputes
- Everyone has the right to seek and receive information. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Transparency requires that electoral registers be public documents available for review. [?]
- States should proactively put in the public domain government information of public interest. [?]
Voters had the ability to correct errors in the voter list
Transparency in the Reporting, Transmission, and Publishing of Election Results
- Relevant Election Parts:
- Vote Counting and Tabulation
Candidates and their representatives, as well as observers, were able to observe polling and counting
- Observers should be given copies of all protocols and tabulation sheets. [?]
Access to information was guaranteed throughout the electoral process, including during the counting and tabulation process
- Everyone has the right to seek and receive information. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
Results were published in a timely manner, were publicly announced, and were posted at the counting station
- The results of the count should be published in a timely manner. [?]
- Results should be publicly announced, including through posting at the counting station. [?]
- Detailed results should be available down to the lowest levels of aggregation (polling station). [?]
The counting process was verifiable and the ballots preserved for later review
- Vote counting procedures should be verifiable and votes should be preserved for review. [?]
The state proactively put in the public domain government information of public interest
- States should proactively put in the public domain government information of public interest. [?]
International observers were accredited and were able to access and comment on all parts of the electoral process
- Observers should be given copies of all protocols and tabulation sheets. [?]
Pluralistic and Balanced Media
- Relevant Election Parts:
- The Media
A pluralistic media promoted citizen access to information, and the media was free to play an impartial and objective role in covering electoral issues
- The state should endeavor to ensure a pluralistic media that allows its citizens to access a variety of viewpoints and media outlets. [?]
- The structure of media ownership should be transparent. [?]
- States should take steps to ensure a free and independent media. [?]
The structure of media ownership was transparent so that citizens could better understand potential biases in their information sources
- The structure of media ownership should be transparent. [?]
Access to Electoral Information
- Relevant Election Parts:
- The Media
The state proactively put in the public domain government information of public interest
- States should proactively put in the public domain government information of public interest. [?]
The right of access to information was respected throughout the electoral process, including its relation to the media
- Everyone has the right to seek and receive information. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
- An applicant for an official document should not be obliged to give reasons for requesting an official document. [?]
Transparent Dispute Resolution Process
- Relevant Election Parts:
- Electoral Dispute Resolution
The state proactively put in the public domain government information of public interest
- States should proactively put in the public domain government information of public interest. [?]
Parties to the complaints had access to factual information regarding the alleged violations
- An effective remedy requires access to the factual information concerning the violations. [?]
Potential complainants were informed of the means of filing a complaint and the timeframe of its resolution
- Complainants should be informed of the means by which to file a complaint and the timeframe for its resolution. [?]
The judgments, findings, and evidence of judicial proceedings, and legal reasoning for judgments, were made public
- The judgment, findings, and evidence of judicial proceedings and legal reasoning of the judgment must be made public except in cases involving juveniles and/or matrimonial disputes. [?]
Transparency and access to information were respected during the dispute resolution process
- Everyone has the right to seek and receive information. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
Transparency in Creating and Maintaining the Voter List
- Relevant Election Parts:
- Voter Registration
There was transparency in the creation and maintenance of the voter list
- Electoral documents should be publicly accessible and should be accurate. [?]
- Voter registration forms and guidelines should be available in minority languages of the country. [?]
- Everyone has the right to receive information about his/her inclusion on the voter list. [?]
- Transparency requires that electoral registers be public documents available for review. [?]
Disclosure of Campaign Finances
- Relevant Election Parts:
- Candidacy and Campaigning
Campaign finance reporting requirements were realistic, and disclosure requirements struck a balance between transparency and the privacy of donors
- Disclosure regulations should strike a balance between transparency and privacy. [?]
- Requirements for financial reporting of electoral activity should be realistic. [?]
Disclosure provisions should clearly identify what counts as campaign expenditure
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between income and expenditure. [?]
- Public legislation on disclosure should adopt the following guideline: donations exceeding a certain minimum threshold should be disclosed. [?]
- Public legislation on disclosure should adopt the following guideline: donations should be itemized into standardized categories. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between the financing of political parties and the financing of candidates. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between routine party finances and electoral finances. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure rules should include both national and local party finances. [?]
The funding received by a political party and/or candidate was disclosed in regular reports
- The system should be transparent in disclosing the funding received by any political party or candidate. [?]
- States should require records of expenditure. [?]
- States should require that parties present and make public their accounts. [?]
- Election campaign reporting schedules should allow release of the report in advance of election day. [?]
- Reports should be timely, public, detailed, and comprehensive and should be understandable to the public at large. [?]
- States should require the accounts of a political party to specify all donations received by the party including the nature and value of the donation. [?]
- States should require that parties and related entities keep proper books and accounts and that the accounts of parties be consolidated to include the accounts of said related entities. [?]
- Special records for direct and indirect contributions to campaigns should be required. [?]
- Parties should offer access to their foundational documents, procedures, and accounts. [?]
- Separate reporting requirements should be adopted for operational and electoral activities. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
Voter Registration in Minority Languages
- Relevant Election Parts:
- Voter Registration
Linguistic minorities were able to use their own language
- Voter registration forms and guidelines should be available in minority languages of the country. [?]
Free Airtime and Paid Advertising
- Relevant Election Parts:
- Legal Framework
- The Media
Free airtime for candidates and parties was granted during peak viewing or listening hours
- Free broadcasts should be aired during peak viewing and listening periods. [?]
Paid advertising on public media was identified as such, and the costs and conditions involved were reasonable and equally applied to all candidates and parties
- Media and other information sources, including online, should enable the audience to clearly distinguish between paid and editorial or user-generated content. [?]
- Laws should address the applicability of regulations on paid political advertising in traditional media, including rules on placement, financing, and transparency, to such advertising online. [?]
Paid content in media and other information sources, including online, was clearly marked and distinguishable from editorial and user-generated content
- Media and other information sources, including online, should enable the audience to clearly distinguish between paid and editorial or user-generated content. [?]
Access to Information and Electoral Management Body Documents
- Relevant Election Parts:
- Election Management
The electoral management body provided citizens with access to information throughout the electoral process
- Everyone has the right to seek and receive information. [?]
The state proactively put government information of public interest, including electoral information, in the public domain
- States should proactively put in the public domain government information of public interest. [?]
Access to Information and Electoral Documents
- Relevant Election Parts:
- Voting Operations
Documents regarding the electoral process, including voting operations, were publicly accessible and accurate
- States should proactively put in the public domain government information of public interest. [?]
The right to access to information was respected throughout the voting process
- Everyone has the right to seek and receive information. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
Privacy and Voter Registration
- Relevant Election Parts:
- Voter Registration
Personal data collected was not used for other purposes
- Personal data should be used only for the purposes for which it was collected. [?]
- Personal data should only be collected for specified and legitimate purposes. [?]
Personal data controllers complied with data minimization, accuracy, confidentiality, integrity, and storage limitation obligations
- Collection of personal data should be minimized, relevant, and limited to purposes pursued. [?]
Protection of Sources
- Relevant Election Parts:
- The Media
The media was able to report on electoral issues, including from confidential sources without government interference
- States should consider measures to protect whistle-blowers. [?]
- The right of the media to gather information, including from confidential sources without government interference, should be assured. [?]
The media was given access to information, particularly with regard to allegations of corruption and related offenses
- The media should be given access to information in cases of corruption and related offenses. [?]
Transparency in Electoral Management Body Decision Making and Procurement
- Relevant Election Parts:
- Election Management
The electoral management body ensured transparency in its decision making; for example, through open meetings and the use of public and competitive tenders
Protection of Personal Data
- Relevant Election Parts:
- Legal Framework
- Election Management
- Candidacy and Campaigning
- Voter Registration
- Voting Operations
- Vote Counting and Tabulation
- The Media
Citizens that offered proof of identity had the right to rectify information about them that was inaccurate
- Everyone has the right to rectification of incorrect personal data. [?]
- Everyone who offers proof of identity has the right to have rectifications made to information about them in the case of unlawful, unnecessary, or inaccurate entries. [?]
Personal data collected was not used for other purposes
- Personal data should only be collected for specified and legitimate purposes. [?]
The legal framework protected the privacy of personal information
- States should adopt laws protecting privacy of personal information. [?]
Personal data could be collected and processed based on informed consent
- Unless provided for by law, or necessary to deliver a service or for other legitimate purposes, personal information may only be used based on informed consent. [?]
Personal data controllers complied with data minimization, accuracy, confidentiality, integrity, and storage limitation obligations
- Collection of personal data should be minimized, relevant, and limited to purposes pursued. [?]
- Personal data controllers should ensure data accuracy and protect personal data from unauthorized disclosure, loss, modification, or other misuses. [?]
- Personal data should not be stored longer than necessary for the purposes pursued. [?]
- Internet intermediaries should recognize and protect human rights online, including through accessible and effective complaint and redress mechanisms. [?]
An independent, duly-resourced body oversaw compliance with data protection principles
- An independent, duly-resourced body should oversee compliance with data protection principles. [?]
Everyone had the right to know whether information about themselves was processed and to obtain it in an accessible format
- Everyone who offers proof of identity has the right to know whether information concerning him/her is being processed, and to obtain it in an intelligible form. [?]
Personal data controllers provided clear and accessible information about their data collection and processing policies and practices
- Personal data controllers should provide clear and easily accessible information about their data collection and processing policies and practices. [?]
Internet intermediaries were transparent and provided easy access to their policies and practice on online content management, distribution, and automated processing
- Internet intermediaries should ensure transparency and easy access to their policies and practices regarding online content management, strategic dissemination, and automated processing. [?]
States Authorities Responsible for Upholding Rights
- Relevant Election Parts:
- Election Management
An independent, duly-resourced body oversaw compliance with data protection principles
- An independent, duly-resourced body should oversee compliance with data protection principles. [?]
Election Observation
- Relevant Election Parts:
- Legal Framework
- Voting Operations
- Vote Counting and Tabulation
Candidates and their representatives, as well as observers, were able to observe polling and counting
- Candidates or their agents and accredited observers should be allowed to observe the counting and tabulation of the votes. [?]
The vote-counting process was transparent and observable
- Observers should be given copies of all protocols and tabulation sheets. [?]
Observers were able to access places used for voting
- Candidates, party agents, and accredited observers should have access to polling stations. [?]
Citizen observers were able to access and comment on all parts of the electoral process, including voter registration
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
International observers were accredited and were able to access and comment on all parts of the electoral process
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
- Candidates, party agents, and accredited observers should have access to polling stations. [?]
- Candidates or their agents and accredited observers should be allowed to observe the counting and tabulation of the votes. [?]
- Observers should be permitted to follow all aspects and stages of an electoral process. [?]
Observation of the Campaign Period
- Relevant Election Parts:
- Candidacy and Campaigning
Election observers were able to observe the campaign process
- Observers should be permitted to follow all aspects and stages of an electoral process. [?]
International observers were accredited and were able to access and comment on all parts of the electoral process
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
Partisan and Nonpartisan Observation of Vote Counting and Tabulation
- Relevant Election Parts:
- Vote Counting and Tabulation
The vote-counting process was transparent and observable
Partisan and Nonpartisan Observation of Voting Operations
- Relevant Election Parts:
- Voting Operations
Candidates and their representatives, as well as observers, were able to observe polling and counting
Partisan and Nonpartisan Observation of the Voter Registration Process
- Relevant Election Parts:
- Voter Registration
International observers were accredited and were able to access and comment on all parts of the electoral process
- Observers should be permitted to follow all aspects and stages of an electoral process. [?]
Internet and Exercise of Rights Online
- Relevant Election Parts:
- Legal Framework
- The Media
Internet freedom and the exercise of human rights online were protected. Restrictions imposed were based in law, proportionate, and necessary in a democratic society
- Internet freedom, including access to online resources and digital tools, should be protected as essential to the exercise of human rights online, with any restrictions based in law, proportionate, and necessary in a democratic society. [?]
Internet intermediaries were transparent and provided easy access to their policies and practice on online content management, distribution, and automated processing
- Internet intermediaries should ensure transparency and easy access to their policies and practices regarding online content management, strategic dissemination, and automated processing. [?]
Business and Protection of Human Rights
- Relevant Election Parts:
- The Media
Personal data controllers provided clear and accessible information about their data collection and processing policies and practices
- Internet intermediaries should ensure transparency and easy access to their policies and practices regarding online content management, strategic dissemination, and automated processing. [?]
Internet intermediaries were transparent and provided easy access to their policies and practice on online content management, distribution, and automated processing
- Internet intermediaries should ensure transparency and easy access to their policies and practices regarding online content management, strategic dissemination, and automated processing. [?]
Provision of Voter Education by the Electoral Management Body
- Relevant Election Parts:
- Election Management
The state took the steps necessary to give effect to rights during voter education
- Media and information literacy education should be promoted to enable individuals to access, understand, and critically analyze information, including online. [?]