Azerbaijan
Name of law: Law of the Republic of Azerbaijan on the Right to Obtain Information
First adopted: 2005
Last modified: n/a
RTI Rating last updated: 2023-04
First adopted: 2005
Last modified: n/a
RTI Rating last updated: 2023-04
Introduction
Azerbaijan has a strong right to information law. It’s scope is broad, as everyone, including legal persons, may request any type of information from any of the three branches of government and other public authorities, including private entities which implement public functions. The exceptions are largely in line with international standards, although a few are overbroad, and the law sets out user-friendly procedures for making and processing requests. However, a few key problems undercut the law’s strengths, such as the lack of protection for officials who make good-faith disclosures and the lack of a regime to protect whistleblowers.
The law is available in its Azerbaijani original here
Other relevant laws: Law on Administrative Proceedings, Law on the Human Rights Commissioner, Code of Administrative Offences (excerpts)
Local Experts: Alasgar Mammadli, Fidan Najafova, Fuad Suleymanov
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 27 | 30 |
| 3 | Requesting Procedures | 22 | 30 |
| 4 | Exceptions & Refusal | 14 | 30 |
| 5 | Appeals | 20 | 30 |
| 6 | Sanctions & Protections | 5 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 94 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Article 50. Freedom of Information I. Everyone has the right to legally seek, receive, pass, prepare and disseminate information. II. The freedom of mass media is guaranteed. State censorship of mass media, including print media, is forbidden. III. Everyone's right to refute or reply to the information published in the media and violating his or her rights or damaging his or her interests shall be guaranteed. | Article 50(I) uses the terms "seek" and "receive" as well other terms, to describe the right to informatoin. However, it is not explicit about being a right to access information from public authorities and it is followed by provisions on media freedom so it is not entirely clear. As far as we are aware, it has not been subject to clear judicial interpretation. Article 32(V) also gives a right to access personal data and Article 39(II) to environmental information but this is not enough to earn a point here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | 2.3.2. The owner of the information has the right to receive the requested information freely, without obstacles and on equal terms for all. 2.4-1. Access to information is allowed on the condition that it protects the interests of the Republic of Azerbaijan in the political, economic, military, financial-credit and monetary policy, protection of public order, health and morality, protection of rights and freedoms of others, commercial and other economic interests. not to contradict the purposes of ensuring the reputation and impartiality of the court, the normal course of the criminal investigation. | Article 2.3.2 provides a positive guarantee of the right but this appears to be undermined by Article 2.4-1, which limits access to cases where this supports the protection of certain listed interests. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | N/A | Not mentioned |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 2.2. Everyone has the right to contact the owner of the information directly or through his representative, to choose the type and form of access to information. 3.0.7. a legal or natural person requesting information (hereinafter - the requester) applying for information in writing or orally; | Refers to "everyone" without any limitation and the definition of a requests in 3.07 explicitly refers to natural or legal persons. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3.0.1. information - facts, opinions, information, news or other information created or obtained as a result of any activity, regardless of the date of creation, form of presentation and classification; 3.0.3. public information - facts, opinions, information created or obtained in the process of performing public duties defined by laws or other normative legal acts; | "Information", to which the primary rights applies, is defined broadly. "Public information" is defined much more narrowly but this appears to relate mostly to the proactive obligation, although it is sometimes used in another way in the Law. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | N/A | There seems to be some confusion in the Law about this, at least in English translation. The primary rights are to access "information" although Article 14, on forms of access, talks consistently about "documents". |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 4.2.2. To ensure access to archival documents in accordance with the Law of the Republic of Azerbaijan "On the National Archive Fund"; 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | The Law refers only to "State bodies and municipalities" and then "legal entities performing public functions" but in practice this appears to apply broadly. Article 4.2.2 refers access to archival information to the special law on this. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | Understood to be included within "State bodies" |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | Understood to be included within "State bodies" |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 9.3.2. non-profit organizations, extra-budgetary funds, as well as commercial associations in which the state is a member or participation - wholly or partly state-owned or dependent - on information related to the use of funds provided from the state budget or property allocated to them. | Covers commercial bodies in which are "wholly or partly" State-owned or dependent. Also applies to bodies with a dominant position in the commodity market |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | Understood to be included within "State bodies" |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 9.1.2. legal entities performing public functions (including public legal entities), as well as private legal entities and individuals providing services in education, health, culture and social spheres by normative legal acts or on a contractual basis. 9.3.2. non-profit organizations, extra-budgetary funds, as well as commercial associations in which the state is a member or participation - wholly or partly state-owned or dependent - on information related to the use of funds provided from the state budget or property allocated to them. | Covers legal entities performing public functions and then private legal entities providing services in the areas of education, health, culture or social sphere pursuant to law or a contract, as well as non-profits receiving public funding. Bit unclear re. exactly how far it goes in relation to public functions and only covers non-profit bodies receiving public funds. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 15.5. The applicant shall not be obliged to substantiate the need to obtain information, except for the cases specified in Articles 15.3, 21.2.1, 22.4 and 24.3 of this Law. | Reasons are only required where this is legitimate for example because information to address a threat to life is needed. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 15.1. The following should be indicated in the written information request: 15.1.1. name and surname of the applicant; 15.1.2. if the request is submitted by a legal entity, also the name of the legal entity; 15.1.3. contact information of the requester (postal or e-mail address, telephone or telefax number) so that the owner of the information can provide the request; 15.1.4. the content of the requested information, or the type or name of the document, the details of the document known to the applicant; 15.1.5. form of information presentation. | Need to provide name and surname (and name of legal entity where relevant) |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 3.0.6. information request - a written or oral request for information; 13.1. The requester submits the information request in the following way:13.1.1. verbally by contacting the official of the owner of the information directly or by telephone; 13.1.2. by submitting the request in person or by writing to the owner of the information by mail, fax or e-mail. | Broad means for submitting requests |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 10.4. Information owner:...10.4.5. must assist the applicant; Article 17. Obligation of the owner of information to assist the requester 17.1. The owner of the information must clearly explain to the requester the terms, rules and methods of obtaining the information. 17.2. If the owner of the information does not have the requested information, he should assist the requester in locating it. 17.3. If the request does not specify what information is obtained or in what form this information is provided, the official must contact the applicant in order to clarify this in the manner prescribed by this Law. 17.4. An oral request of those who are unable to apply due to illiteracy or physical disability shall be made in writing by the officials of the owner of the information, indicating their names and positions, and shall be registered with the date. | Broad obligations to assist, including to clarify requests and to reduce oral requests to writing for illiterate or disabled requesters |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | 10.4. Information owner:...10.4.5. must assist the applicant; Article 17. Obligation of the owner of information to assist the requester 17.1. The owner of the information must clearly explain to the requester the terms, rules and methods of obtaining the information. 17.2. If the owner of the information does not have the requested information, he should assist the requester in locating it. 17.3. If the request does not specify what information is obtained or in what form this information is provided, the official must contact the applicant in order to clarify this in the manner prescribed by this Law. 17.4. An oral request of those who are unable to apply due to illiteracy or physical disability shall be made in writing by the officials of the owner of the information, indicating their names and positions, and shall be registered with the date. | Broad obligations to assist, including to clarify requests and to reduce oral requests to writing for illiterate or disabled requesters |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 20.1. The official of the owner of the information makes one of the following decisions depending on the results of the investigation:...20.1.3. sends the request to the owner of the relevant information. Article 23. Sending information request accordingly 23.1. If the requested information is not available to the owner of the information, he must identify the owner of the relevant information and send it to him without delay, but not later than 5 working days, informing the requester. 23.2. Owners of information provided for in Articles 9.1.2 and 9.3 of this Law may not send the request, respectively, provided that they inform the requester without delay, but not later than 5 working days, that they do not have the requested information. | Broad obligations for main public authorities to transfer, albeit some bodies only need to inform, both with timelines. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 2.2. Everyone has the right to contact the owner of the information directly or through his representative, to choose the type and form of access to information. 14.1. The applicant may request that the written request be provided in one of the following forms or in other forms available: 14.1.1. to enter the place allocated for acquaintance with the document; 14.1.2. copying the face of the document; 14.1.3. making a copy of the document or providing a certified copy of the document using the technical capabilities of the information owner; 14.1.4. making a copy of the document using the applicant's own technical capabilities; 14.1.5. submission of transcripts or other coded documents in a readable condition; 14.1.6. translation of the document; 14.1.7. transfer of a copy of the document to electronic media, etc. ... 14.5. The owner of the information may refuse to execute the information request in the form specified in this request in the following cases: 14.5.1. in the absence of technical capabilities; 14.5.2. if execution is not possible due to the type of information carrier; 14.5.3. if the information to be provided on the basis of an oral request impedes the fulfillment of the main duties of the owner of the information, as it takes a long time; 14.6. 14.5.1 of this Law. and in the cases specified in Articles 14.5.2, the appropriate form of securing the request shall be chosen by the owner of the information and, if the contact information provided in the request allows, the matter shall be discussed with the requester. 14.7. If the official is not satisfied with the oral answer of the official or in the cases provided for in Article 14.5.3 of this Law, it is proposed to apply to the applicant in writing. 14.8. If the form of submission of information is not clear from the request and it is not possible to specify it within the period specified for the execution of the request, then the execution of the request is provided in the form chosen by the owner of the information. | Long list of formats and clear rules on when preferred format may be refused and what format to use then. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 24. Term of execution of information request 24.1. The request for information shall be executed as soon as possible, but not later than 7 working days. 24.2. If this information loses its urgency within this period, the request must be answered immediately, and if this is not possible, no later than 24 hours. 24.3. In cases where there is a real threat to human life, health or liberty, information that requires a certain amount of time to search and prepare shall be provided within 48 hours (excluding rest, voting, non-working holidays and days of national mourning). 24.4. If the request is incomplete or inaccurate, the official shall notify the applicant of the identified deficiencies within 5 working days.24.5. The period of execution of the information request determined by this Law shall be calculated from the next business day following the day of registration of the request. 24.6. In cases specified in Article 24.4 of this Law, the deadline for execution of the request shall be from the next working day after the elimination of deficiencies, and in cases provided for in Article 23.1 of this Law, not later than the date of receipt of the request. calculated from the working day. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 24. Term of execution of information request 24.1. The request for information shall be executed as soon as possible, but not later than 7 working days. 24.2. If this information loses its urgency within this period, the request must be answered immediately, and if this is not possible, no later than 24 hours. 24.3. In cases where there is a real threat to human life, health or liberty, information that requires a certain amount of time to search and prepare shall be provided within 48 hours (excluding rest, voting, non-working holidays and days of national mourning). 24.4. If the request is incomplete or inaccurate, the official shall notify the applicant of the identified deficiencies within 5 working days.24.5. The period of execution of the information request determined by this Law shall be calculated from the next business day following the day of registration of the request. 24.6. In cases specified in Article 24.4 of this Law, the deadline for execution of the request shall be from the next working day after the elimination of deficiencies, and in cases provided for in Article 23.1 of this Law, not later than the date of receipt of the request. calculated from the working day. | 7 working days and various regimes for providing information more quickly. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 24. Term of execution of information request 24.1. The request for information shall be executed as soon as possible, but not later than 7 working days. 24.2. If this information loses its urgency within this period, the request must be answered immediately, and if this is not possible, no later than 24 hours. 24.3. In cases where there is a real threat to human life, health or liberty, information that requires a certain amount of time to search and prepare shall be provided within 48 hours (excluding rest, voting, non-working holidays and days of national mourning). 24.4. If the request is incomplete or inaccurate, the official shall notify the applicant of the identified deficiencies within 5 working days.24.5. The period of execution of the information request determined by this Law shall be calculated from the next business day following the day of registration of the request. 24.6. In cases specified in Article 24.4 of this Law, the deadline for execution of the request shall be from the next working day after the elimination of deficiencies, and in cases provided for in Article 23.1 of this Law, not later than the date of receipt of the request. calculated from the working day. Article 25. Extension of the term of execution of the information request 25.1. If the owner of the information receives too many requests and therefore requires additional time to prepare the information, or to clarify the essence of the request, or to examine numerous documents to clarify the information, he may extend the execution period provided by this Law for an additional 7 working days. 25.2. The owner of the information shall inform the applicant within 5 working days, stating the reasons for the extension. | An extension of only 7 days is allowed but the grounds for this are too broad, including having received a number of requests or it takes time to clarify the essence of a request. Notice to be provided within 5 days. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 2.1. Access to information is free in the Republic of Azerbaijan. 14.3. In the cases specified in Article 14.2.1 of this Law, access to information shall be provided free of charge, with payment or on preferential terms. Article 26. Payment for access to information 26.1. The applicant shall not pay for access to the information if he / she gets acquainted with the information, copies it by hand or makes a copy using his / her technical capabilities, as well as in other cases where technical assistance is not provided. 26.2. There is no charge for accessing public information. 26.3. There may be a fee for the information service, provided that the amount of payment does not exceed the cost of preparation and submission of information. 26.4. Relevant executive authority in coordination with the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan: 26.4.1. list of paid information services; 26.4.2. payment rules for preparation and submission of information; 26.4.3. cases of submission of information with advance payment; 26.4.4. the terms of the discount that can be made at the time of payment; 26.4.5. except as provided in Article 14.4 of this Law, determines the conditions and rules for securing information requests by contract. | Clear that just lodging a request is free |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 2.1. Access to information is free in the Republic of Azerbaijan. 14.3. In the cases specified in Article 14.2.1 of this Law, access to information shall be provided free of charge, with payment or on preferential terms. Article 26. Payment for access to information 26.1. The applicant shall not pay for access to the information if he / she gets acquainted with the information, copies it by hand or makes a copy using his / her technical capabilities, as well as in other cases where technical assistance is not provided. 26.2. There is no charge for accessing public information. 26.3. There may be a fee for the information service, provided that the amount of payment does not exceed the cost of preparation and submission of information. 26.4. Relevant executive authority in coordination with the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan: 26.4.1. list of paid information services; 26.4.2. payment rules for preparation and submission of information; 26.4.3. cases of submission of information with advance payment; 26.4.4. the terms of the discount that can be made at the time of payment; 26.4.5. except as provided in Article 14.4 of this Law, determines the conditions and rules for securing information requests by contract. | Free if inspect or copy using own devices but the fee refers to the cost of "preparation and submission" of the information, which is not very clear. Also, while authorities must coordinate with the Ombudsman on fees, the latter does not seem to be tasked with preparing a central schedule of fees. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 2.1. Access to information is free in the Republic of Azerbaijan. 14.3. In the cases specified in Article 14.2.1 of this Law, access to information shall be provided free of charge, with payment or on preferential terms. Article 26. Payment for access to information 26.1. The applicant shall not pay for access to the information if he / she gets acquainted with the information, copies it by hand or makes a copy using his / her technical capabilities, as well as in other cases where technical assistance is not provided. 26.2. There is no charge for accessing public information. 26.3. There may be a fee for the information service, provided that the amount of payment does not exceed the cost of preparation and submission of information. 26.4. Relevant executive authority in coordination with the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan: 26.4.1. list of paid information services; 26.4.2. payment rules for preparation and submission of information; 26.4.3. cases of submission of information with advance payment; 26.4.4. the terms of the discount that can be made at the time of payment; 26.4.5. except as provided in Article 14.4 of this Law, determines the conditions and rules for securing information requests by contract. | Not mentioned |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 2.5. The creation of a derivative information product from documented information obtained from information owners in accordance with the requirements of this Law, for other purposes, including for commercial purposes, is allowed provided that the primary source is referred to when creating derivative information. | Allows reuse if the primary source is referred to but very basic scheme for this. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 4.2. This Law does not apply to: … 4.2.1. information constituting a state secret defined by law; 5.2. Other normative legal acts of the Azerbaijan Republic may not establish rules other than the requirements of this Law regarding access to information. 21.1. The owner of the information refuses to execute the request in the following cases: 21.1.1. if the request relates to information whose access is restricted by law, or if the applicant does not have the authority to obtain this information or, if required by this Law, the applicant has not submitted an identity document; 34.2. Information, access to which is not restricted by the law of the Republic of Azerbaijan, shall be considered public information. 34.3. Information restricted by law is confidential and confidential according to its legal regime. | Article 5.2 permits only restrictions as recognised by that law but then Article 21.1.1 clearly recognises restrictions in other laws, thus essentially going around Article 5.2. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 2.4-1. Access to information is allowed on the condition that it protects the interests of the Republic of Azerbaijan in the political, economic, military, financial-credit and monetary policy, protection of public order, health and morality, protection of rights and freedoms of others, commercial and other economic interests. not to contradict the purposes of ensuring the reputation and impartiality of the court, the normal course of the criminal investigation. 4.2. This Law does not apply to:...4.2.3. Proposals, applications and complaints regulated by the Law of the Republic of Azerbaijan "On Citizens' Appeals"; 10.4. Information owner:...10.4.8. not to provide untrue, incomplete or inaccurate information, and to check the accuracy and reliability of the information in case of doubt. 34.4. State secrets, professional (doctor, lawyer, notary), commercial, investigative and judicial secrets, which are restricted in order to protect the legitimate interests of citizens, departments, enterprises and organizations and other legal entities, regardless of the type of property, are confidential. Personal information is divided into confidential and public categories according to the type of access. Article 35. Grounds for considering information intended for official use 35.1. The owner of the information may consider the information intended for service use by restricting access to the information. 35.2. The owner of the information must consider the following information intended for service use within the period specified in this Law: 35.2.1. until the information collected on the criminal case or administrative offense case is submitted to the court or a decision is made to terminate the proceedings; 35.2.2. information collected in the course of state control until a decision is made on that issue; 35.2.3. until an agreement is reached on the completion of the information process, the early disclosure of which prevents or may impede the formation, development and successful completion of public policy; 35.2.4. information whose premature disclosure by a public authority will pose a serious threat or potential threat to the effectiveness of testing or financial audit - until the end of the test or financial audit; 35.2.5. information, the early disclosure of which will or may disrupt the exchange of views, the consultation process in the state body - until a final decision is made; 35.2.6. until the completion of a specific operation related to economic, monetary or financial activities, the disclosure of which may adversely affect the implementation of economic, monetary or financial policy of the state body; 35.2.7. information that will impede or may impede the administration of justice - until a court decision is made; 35.2.8. documents received from foreign countries or international organizations until mutual consent is obtained for the disclosure of the document; 35.2.9. information that may or may not pose a threat to the environment, damage or potentially damage components of the environment - until the causes of this threat are eliminated; 35.2.10. if disclosure harms the legitimate interests of the owner of the information, or if the contract concluded with private legal entities performing public functions stipulates that the information is intended for official use - information on technical solutions. 35.3. The owners of the information may, if they justify it, consider the following information intended for use of the service: 35.3.1. draft orders, decrees and decisions of the owners of information provided for in Article 9.1 of this Law - until the orders, decrees and decisions are submitted for adoption; 35.3.2. acts of legal entities specified in Article 9.3 of this Law on performance of duties provided for in Articles 9.3.1 and 9.3.2 of this Law and documents related to them - until these acts are adopted or signed. 35.4. The information provided for in Article 35.2 of this Law may be intended for official use only if the damage caused by the dissemination of information exceeds the public interest in that information. Article 37. Restrictions on the consideration of information as intended for official use 37.1. Holders of information specified in Article 9.1 of this Law may not consider the following information intended for service use: 37.1.1. results of public opinion polls; 37.1.2. generalized statistics; 37.1.3. economic and social forecasts; 37.1.4. on emergencies, natural disasters and accidents endangering the life and health of citizens; 37.1.5. on the state of ecology, health, demography, education, culture, economy, including transport and agriculture, as well as crime; 37.1.6. reports on the activities of the owner of information, as well as on the quality of performance of duties and shortcomings; 37.1.7. on privileges, privileges and compensations provided by the state to citizens, officials, legal entities regardless of the type of property; 37.1.8. On the health status of the highest officials of the Republic of Azerbaijan; 37.1.9. facts of violation of the law by state authorities and their officials; 37.1.10. on the tarnishing of the business reputation of civil and municipal servants, as well as legal (including public legal) and individuals performing public functions, with the exception of personal data; 37.1.11. on vacancies in state bodies and municipalities; 37.1.12. on the use of budget funds and the economic situation in the country; 37.1.13. job descriptions of employees working in state bodies and municipalities; 37.1.14. on precious metal and foreign exchange reserves of the state; 37.1.15. normative legal acts; 37.1.16. Minutes and transcripts of open sessions of the Milli Majlis of the Republic of Azerbaijan; 37.1.17. court decisions that have entered into force; 37.1.18. list of information constituting a state secret; 37.1.19. about grants; 37.1.20. on the property and property obligations of the owner of the information; 37.1.21. orders, directives and decisions adopted in the course of state control or discipline; 37.1.22. on the quality of goods and services in connection with the protection of the legitimate interests of consumers; 37.1.23. on the results of research and analysis conducted or commissioned by state bodies and municipalities, if the disclosure of information does not harm the defense and security of the state; 37.1.24. changes that have occurred or may occur in the components of the environment as a result of activities that affect or may affect the environment, human health, their assessment, measures and expenditures aimed at the protection and efficient use of the environment; 37.1.25. internal documents not registered in the register - congratulatory letters, guarantees, memoranda, programs of public events, various statistical reports. 37.2. Legal entities specified in Article 9.3.1 of this Law shall provide information on terms and prices of goods and services, changes in those conditions and prices, and legal entities and individuals specified in Article 9.3.2 of this Law shall receive information from the state or municipal budget and or they may not restrict the use of property allocated to them for service use. Article 38. Personal information 38.1. By restricting access, personal data may be considered intended for use by the Service. 38.2. Personal information is a collection of information about personal and family life. Information on personal life, the access to which is restricted, is as follows: 38.2.1. information reflecting political views, religious beliefs, convictions and worldviews in private legal entities registered in accordance with the law, except for information on membership; 38.2.2. information on ethnic origin or racial affiliation; 38.2.3. information collected in the course of criminal or other offense proceedings prior to a public hearing or a court decision on the offense, or to the protection of human morality, protection of private and family life, the interests of minors, victims or witnesses, or the administration of justice. in cases required for holding; 38.2.3-1. information on the person's conviction; 38.2.4. health information; 38.2.5. information on personal characteristics, abilities and other features of personalities; 38.2.6. information on applications for social assistance and social services; 38.2.7. information on mental and physical suffering; 38.2.7-1. information on the commission of domestic violence against a person; 38.2.8. information related to taxation, except for debts on tax payments; 38.2.9. information on financial transactions. 38.3. Information on family life, the access to which is restricted, is as follows: 38.3.1. information about sexual life; 38.3.2. information on registration of civil status acts; 38.3.3. information on various aspects of family life; 38.3.4. adoption information. 38.4. Restrictions on access to the personal data specified in this Article shall be imposed from the date of their receipt or documentation. 38.5. The owner of the information is obliged to provide individuals with personal information about themselves on the basis of requests of individuals, except in the following cases: 38.5.1. if the acquaintance of the minor with the information violates the secret of its origin; 38.5.2. if the acquisition of information impedes the prevention of the crime, the apprehension of the offender or the determination of the truth in the criminal case; 38.5.3. if the protection of the rights and freedoms of other persons requires non-disclosure of information; 38.5.4. if the information was collected for the sake of state security. 38.6. The following persons have the right to access or obtain the personal information specified in this article: 38.6.1. parents or guardians - with information about minors; 38.6.2. guardians - with information on physically disabled persons with physical disabilities; 38.6.3. information on the performance of official duties of civil and municipal servants; 38.6.4. those who are allowed to work with personal data - only with the information specified in this permission; 38.6.5. employees and entrepreneurs of private legal entities providing services in the field of education, culture, health and social services on the basis of normative legal acts or on a contractual basis only with information to the extent necessary for the provision of these services; 38.6.6. individuals - with information about themselves; 38.7. The owner of the information must keep a record of the persons who received the personal information, indicating the purpose, time and method of getting acquainted with the information or obtaining it. | Article 2.4.1 totally reverses the whole presumption of openness established by the Law. Article 4.2.3 also excludes proposals and complaints regulated by the Law on Appeals. Article 10.4.8 only allows the release of accurate information. While not technically an exception, it is still problematical. There is an unhelpfully vague list of areas of exception in Article 34.4. Problematical exceptions in Article 35: 35.2.2 - "State control"; 35.2.6 - "economic, monetary or financial" (too broad); 3.2.10 - "legitimate interests of the owner"; 35.3.1 - "draft orders, decrees and decisions"; 35.3.2 "acts of legal entiti4es specified in Article 9.3 ... until those acts are adopted". Long list of exceptions to exceptions in Article 37 but this does not alleviate the problems. Articles 38.2 and 3 have a long list of examples, respectively, of exceptions for private life and family life which are not very helpful since they leave out some issues. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | 2.4-1. Access to information is allowed on the condition that it protects the interests of the Republic of Azerbaijan in the political, economic, military, financial-credit and monetary policy, protection of public order, health and morality, protection of rights and freedoms of others, commercial and other economic interests. not to contradict the purposes of ensuring the reputation and impartiality of the court, the normal course of the criminal investigation. 34.4. State secrets, professional (doctor, lawyer, notary), commercial, investigative and judicial secrets, which are restricted in order to protect the legitimate interests of citizens, departments, enterprises and organizations and other legal entities, regardless of the type of property, are confidential. Personal information is divided into confidential and public categories according to the type of access.Article 35. Grounds for considering information intended for official use 35.1. The owner of the information may consider the information intended for service use by restricting access to the information. 35.2. The owner of the information must consider the following information intended for service use within the period specified in this Law: 35.2.1. until the information collected on the criminal case or administrative offense case is submitted to the court or a decision is made to terminate the proceedings; 35.2.2. information collected in the course of state control until a decision is made on that issue; 35.2.3. until an agreement is reached on the completion of the information process, the early disclosure of which prevents or may impede the formation, development and successful completion of public policy; 35.2.4. information whose premature disclosure by a public authority will pose a serious threat or potential threat to the effectiveness of testing or financial audit - until the end of the test or financial audit; 35.2.5. information, the early disclosure of which will or may disrupt the exchange of views, the consultation process in the state body - until a final decision is made; 35.2.6. until the completion of a specific operation related to economic, monetary or financial activities, the disclosure of which may adversely affect the implementation of economic, monetary or financial policy of the state body; 35.2.7. information that will impede or may impede the administration of justice - until a court decision is made; 35.2.8. documents received from foreign countries or international organizations until mutual consent is obtained for the disclosure of the document; 35.2.9. information that may or may not pose a threat to the environment, damage or potentially damage components of the environment - until the causes of this threat are eliminated; 35.2.10. if disclosure harms the legitimate interests of the owner of the information, or if the contract concluded with private legal entities performing public functions stipulates that the information is intended for official use - information on technical solutions. 35.3. The owners of the information may, if they justify it, consider the following information intended for use of the service: 35.3.1. draft orders, decrees and decisions of the owners of information provided for in Article 9.1 of this Law - until the orders, decrees and decisions are submitted for adoption; 35.3.2. acts of legal entities specified in Article 9.3 of this Law on performance of duties provided for in Articles 9.3.1 and 9.3.2 of this Law and documents related to them - until these acts are adopted or signed. 35.4. The information provided for in Article 35.2 of this Law may be intended for official use only if the damage caused by the dissemination of information exceeds the public interest in that information. | Non-harm based exceptions in Article 35: 35.2.1 - information on criminal cases; 35.2.8 - received from foreigners until consent obtained (instead of harm); both 35.2.7 (administration of justice) and 35.2.9 (threat to environment) only refer to "may" impede or pose a threat, so one point deducted for them both. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 35.4. The information provided for in Article 35.2 of this Law may be intended for official use only if the damage caused by the dissemination of information exceeds the public interest in that information. 39.1. The owner of the information must disclose information about the violation or accident of public interest to the extent that the result is fully clarified, so as not to impede the investigation or clarification of the causes of the accident. 39.2. The decision on the extent of disclosure of such information shall be made by the official conducting the investigation or supervision, or clarifying the causes of the accident. | Only applies to Article 35.2 and not 35.3 (discretionary exceptions). Articles 39.1 and 2 also require information on accidents to be exposed in the public interest |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 40.1. Restrictions on access to information intended for use of the Service shall be lifted if the reasons for this restriction are eliminated, but not later than 5 years. 40.2. Restrictions on access to personal data shall be valid for a period of up to 75 years from the date of receipt or documentation of this information or for a period of 30 years after the death of the person or up to 110 years from the date of birth of the person. | Appears to apply a 5-year limit broadly to restrictions based on information being "intended for use of the Service". However, this does not apply to areas such as national security, which are covered by other laws, or privacy, which is covered by a different provision. Also, illogical set of time limits for private information. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 22.2. If access to the required information is part of a document restricted by law, only the public part may be provided. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 21.3. The response to the refusal to provide the information request shall be made in a clear and substantiated manner, indicating the relevant articles of the legislation of the Republic of Azerbaijan. 27.1. The information request is considered executed in the following cases:...27.1.4. when the requester is given a reasoned response to the refusal to execute the information request. Article 27-1. Complaint about refusal or improper execution of the information request. The applicant has the right to appeal to the court or the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan against the refusal or improper execution of the request. The owner of the information requesting the information shall explain to the requester this right and state it in the response (information) provided. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Chapters VI and VII of the Law on Administrative Proceedings | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 27-1. Complaint about refusal or improper execution of the information request. The applicant has the right to appeal to the court or the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan against the refusal or improper execution of the request. The owner of the information requesting the information shall explain to the requester this right and state it in the response (information) provided | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | Law on the Human Rights Commissioner, Article 2, 4, 5, 6, 7 | Nominated by President and elected by 83 votes (2/3) of parliament. Tenure protected. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Law on the Human Rights Commissioner, 14, 16, 17 | Some protections and reports to both President and Parliament. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | Law on the Human Rights Commissioner, Article 3 | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not clear from the Law on the Human Rights Commissioner. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | Law on the Human Rights Commissioner, Article 13 | Just recommendations which the Commissioner can appeal to the courts. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Law on the Human Rights Commissioner, Article 13 | Seems to have broad remedial powers. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | N/A | Not clear from the Law on the Human Rights Commissioner but some benefit of doubt given. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 27-1. Complaint about refusal or improper execution of the information request. The applicant has the right to appeal to the court or the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan against the refusal or improper execution of the request. The owner of the information requesting the information shall explain to the requester this right and state it in the response (information) provided. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Law on the Human Rights Commissioner, Articles 9. 12 | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 6. Basic principles of access to information 6.1.9. liability of information owners for violation of the right to information. Law on the Human Rights Commissioner, 13.2.4, Code of Administrative Offences, 374 (see also 371, 372, 373, 374.2 and 374.3) | Only a vague reference in the principles section. The Commissioner has a general power to refer matters for disciplinary action but presumbly this is back to the public authority concerned. More explicit rules in the Code of Administrative Offences. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Code of Administrative Offences, 374 (see also 371, 372, 373, 374.2 and 374.3) | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | Partially | 1 | 6.1. The main principles of access to information are as follows:...6.1.11. non-prosecution of officials for disclosing information about violations of public interest. | Only a general reference in the principles section but no operative rule on this. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 10.2. For this purpose, the owner of the information appoints an official on information issues, or creates a structural unit, provides information services. 10.3. Failure to appoint an information official or establish a structural unit shall not be grounds for refusal to provide information services. 11.3. If the owner of the information has not appointed an official on information issues or created a structural unit, the responsibility for the execution of the information request shall be borne by the person determined by the owner of the information to perform this function. 11.4. The responsibility for the disclosure of information in the manner prescribed by this Law shall be borne by the head of the owner of the information, unless the performance of this function is officially delegated to another person. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 0 | N/A | Not mentioned |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 8.1. The relevant executive authority shall establish rules for the storage, compilation and protection of documents. 8.2. The owner of the information shall be responsible for the organization of storage, compilation and protection of the documents in his possession in accordance with the rules specified in Article 8.1 of this Law. 8.3. The owner of the information shall determine the rules in accordance with the requirements of this Law and the Law of the Republic of Azerbaijan “On Personal Data” and ensure the implementation of these rules in order for the individual to get acquainted with personal data and, if necessary, make clarifications. 11.1. The head of the information owner shall determine the internal rules of procedure in connection with the organization of information services. 11.2. Owners of information provided for in Article 9 of this Law shall be responsible for the organization of access to information in accordance with the legislation. | Authorities are required to manage their records in accordance with the standards set by the relevant executive authority but no proper central system for this. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 10.4. Information owner:...10.4.2. maintain a register of documents; Article 12. Register of documents 12.1. The register of documents (hereinafter - the register) is an electronic collection of information that enters the owner of information, is created or obtained as a result of public duties, is registered and can be used by anyone. 12.2. The rules for creating, maintaining and periodically updating the register shall be determined by the relevant executive authority. 12.3. The owner of the information must register the following documents in the register within the period specified in this article: 12.3.1. documents received, sent or prepared within the department - the date of receipt, sending or preparation within the department; 12.3.2. legal acts - date of signing; 12.3.3. agreements - the date of entry into force. 12.4. Accounting documents, congratulatory letters, notices, memoranda, guarantees, as well as information about the programs of meetings, conferences, conferences and other public events or such events, various statistical reports are not recorded in the register of documents. 12.5. In addition to those listed in Article 15.1 of this Law, the register shall include the following information: 12.5.1. method of receipt or sending of the document (by e-mail, mail, fax or in person); 12.5.2. type of document (request for information, proposal, application and complaint, report, normative act, etc.); 12.5.3. if any, restrictions on obtaining the document, etc. 12.6. The register must also indicate the period established by law for the execution of the document requiring consideration or response, the name of the structural unit, as well as the name and surname of the official who compiled the response. 12.7. The relevant executive authority shall establish rules for the use of the register in order to facilitate the use of the register and the search for the document. | Register with list of documents but not very clear how far it goes. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | This was a requirement of the law but was removed. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 0 | Law on the Human Rights Commissioner, Article 14 | Commissioner is required to produce a general report on human rights but no requirement to include ATI in it. |
