Election Investigations Guidebook
available to interested parties will vary depending upon the circumstances.”282
In other words:
An organization that is subject to open records laws may need to
make all records available to any person upon request. Other organizations may have a legitimate need to protect confidential or
proprietary information, and they may therefore reasonably put
in place procedures designed to control access to information.283
The Principles of Access to Archives, while advocating for the “widest possible access to archives,” similarly acknowledge the potential need for restrictions on “investigatory or law enforcement information.”284 In the Philippines,
for example, where citizens have a constitutional right to information,285 limitations to public access nevertheless include restrictions on records related
to any ongoing investigation.286
As outlined in the Principles of Access to Archives, if an election investigation body finds it necessary to limit public access to certain investigative
documents and records, it should “limit the scope of restrictions to those
imposed by law or to identify instances where a specific harm to a legitimate
private or public interest temporarily outweighs the benefit of disclosure at
the time.”287 Furthermore, consistent with the general principle of transparency, it must ensure that any “restrictions and the reasons for them are clear
to the members of the public.”288 Finally, restrictions must be “administered
on equitable terms” and not arbitrarily.289
282
Id. at 10.
283
Id.
284 Int’l Council on Archives, Principles of Access to Archives § 4 (2012), http://www.ica.org/13619/toolkits-guides-manuals-and-guidelines/principles-of-access-to-archives.html.
285
Const. (1987), art. III, sec. 7 (Phil.).
286 Nat’l Archives of the Philippines (NAP) General Circular No. 1, §§ 13–13.5.4, 105:12 O.G. 1715 (Jan. 20, 2009) (“The National Archives of the Philippines shall provide official information, records or documents to any requesting public . . . , except
if: . . . It would disclose investigatory records . . . ; Interfere with enforcement proceedings; Deprive a person of a right to a fair
trial or an impartial adjudication; Disclose the identity of a confidential source; Unjustifiably disclose investigative techniques
and procedures . . . .”).
287 Int’l Council on Archives, Principles of Access to Archives § 4 (2012), http://www.ica.org/13619/toolkits-guides-manuals-and-guidelines/principles-of-access-to-archives.html.
288
Id.
289
Id.
90