Government Transparency and the right of access to information: evolving international and European standards and their implementation in the Italian legal system

Government transparency is a common principle within democratic legal systems. In recent decades, it has emerged as a fundamental principle of democratic governance, essential in promoting the rule of law, enabling public engagement, fighting corruption and improving development outcomes. Still, transparency is a complex and dynamic concept; it constantly evolves following political, social and technological developments and it can be reflected in a variety of rules, procedures and implementing instruments. In this framework, public access to government-held information has attained primary importance; it has emerged in international and national practice as a key indicator for transparency and as a human right in and of itself, essential for individuals to hold governments accountable and to give effect to other rights. This contribution outlines the evolution of the right of access to government-held information in international human rights practice, with a view to pinpointing evolving dynamics and emerging issues. In so doing, special attention is devoted to the European context, in particular the European Convention on Human Rights and the European Union. In light of this analysis, the contribution then investigates the Italian normative framework, in order to assess achievements and limits of existing regulations and to examine if and to what extent it guarantees a right of access to information held by public authorities which is in line with international standards. To this end, recent developments are analysed, focusing on Legislative Decree No. 97/2016, the so-called "Italian Freedom of Information Act".