The UN Human Rights Council in 2012 declared that freedom of expression on the internet is a basic human right and affirmed that people have the same rights online that they have offline.113 That view was reaffirmed in 2016 regarding the importance of promoting, protecting and enjoying human rights on the internet, including privacy and freedom of expression.114 2. Freedom of Information Access to, or freedom of, information (FOI), or the right to information, is a corollary to freedom of expression that looks to inform the citizenry on government action. It is the right to access information held by public bodies, and includes the right to seek, receive and impart information and ideas. The UN General Assembly, in its very first session in 1946, recognized it as essential to the underpinning of democracy, adopting a resolution stating that “Freedom of information is a fundamental human right[, …] the touchstone of all the freedoms to which the United Nations is consecrated.”115 Elaborating on this statement, the UN Special Rapporteur on Freedom of Opinion and Expression had the following to say: “Freedom will be bereft of all effectiveness if the people have no access to information. Access to information is basic to the democratic way of life. The tendency to withhold information from the people at large is therefore to be strongly checked.”116 Functional polities rely on civic participation and on individuals being able access to information held by various public bodies; that information allows individuals to be aware of, involved in and responsive to public activities. Such information ranges from interpretations of applicable laws to details on economic, social, or public concerns. A central tenet to the rule of law117—the notion that all, including the government, are subject to the law118—, access to information makes transparency, accountability and participation—the so-called TAP principles—possible. In addition to being key tools for combatting corruption, the TAP principles increase government efficiency and responsiveness, and build civic trust.119 Accessing public information is not only a right of every person but also necessary to making informed decisions and to living an autonomous life.120 It bears noting that right is not absolute and that freedom of information may need to be limited in certain instances, such the public interest.121 Access to information legislation should reflect the fundamental premise that all information held by governments and governmental institutions is in principle public and may only be exceptionally withheld, such as for reasons of privacy or security. There is a global trend to recognize the right to information, and, since 1990, the number of countries with such legislation has grown from thirteen to ninety-five.122 Page 43 | Chapter 1 | § C. Challenges to Fighting Cybercrime Table of Contents