China’s Supreme Court says citizens can sue govt for public records

16 Aug 2011

1

China's Supreme People's Court says citizens have the right to sue any government department that refuses to release information which is open to the public as per the existing law.

The Chinese people can file suit against government departments if they turn down or ignore requests to disclose non-classified information or to correct information that has already been published, according to judicial interpretation of the order enacted by China's highest court on Saturday.

The judicial interpretation, which contains 13 articles, also says citizens, as well as corporations and other organizations, will be able to sue the government and ask for compensation if records that are released end up infringing upon their business secrets or privacy.

An explanation will have to be provided with reasons by government agencies for not providing the desired information that has been asked for, and is refused

The State Council, China's Cabinet, adopted the Regulations on the Disclosure of Government Information in 2007, a national regulation meant to ensure that the public can access government records.

Meanwhile not everyone is optimistic that the regulation will have the desired effect.

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