Council of State
22 February 2013
Facts
The Fédération chrétienne des témoins de Jéhovah de France contested the refusal of the Prime Minister and the Minister of Health to disclose certain documents concerning sectarian aberrations in France. The Fédération appealed to the Administrative Court of Paris, which refused to disclose information due to its nature (risk to State security, public safety or people safety).
Complaint
The applicant complained that there was a violation of Article 6 of the Law n° 78-753 of 17 July 1978 and sought annulment of the Administrative Court of Paris’ judgement.
Court’s ruling
To refuse to disclose restricted information, the administration and courts have to check if the content of information is likely to violate a secret protected by law (medical confidentiality or France’s foreign policy for example). If an authority justifies a refusal solely because of the nature of document, this refusal could violate the right of access to information.