Bolivia
Name of law: Supreme Decree No. 28168 of 2005 - Transparency in the Management of Executive Power
First adopted: 2005
Last modified: n/a
RTI Rating last updated: 2018-06
First adopted: 2005
Last modified: n/a
RTI Rating last updated: 2018-06
Introduction
Bolivia’s right to information law is generally weak despite strong constitutional and statutory recognition of this right. Its scope is limited, since it does not apply to the legislature, judiciary, independent public bodies and private bodies that undertake public functions or operate with public funding. Importantly, the law does not, for the most part, set out a uniform procedure for requesting information, instead leaving this to be developed separately by each public body, generating an exceptionally low score in this category of the Rating. The law fails to override other laws to the extent of any conflict and has only a very weak public interest override. Appeals go to the Office of the Public Defender, which lacks adequate powers to enforce the right and only has the power to make recommendations to public authorities. The law also fails to put in place a system for regular reporting on its implementation by either public authorities or a central body.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 15 | 30 |
| 3 | Requesting Procedures | 9 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 13 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 8 | 16 |
| ∑ = 70 | ∑ = 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 | 21. Bolivians have the following rights: (6) To have access to information and to interpret, analyze and communicate it freely, individually or collectively. 106(I) The State guarantees the right to communication and the right to information. 237. … (2) Maintain the confidentiality of classified information, which may not be divulged even after they have left their duties. The procedure for characterizing classified information shall be set forth in the law. 242. Participation and public monitoring implies the following activities, in addition to those established in the Constitution and the law:.... (4) To create transparent management of information and use of resources in all of the places of public management. The information requested for public monitoring may not be denied and shall be delivered in complete, truthful, adequate and timely form. | Right to information in Article 106 and reference to information for public monitoring in Article 242 enough for 1 point. |
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 | YES | 2 | 3 The fundamental principles that guide access to public information are the following: PUBLICITY: All information generated and owned by the Executive Branch belongs to the community and is public. People have the right of unrestricted access to it, except for exceptions expressly provided for by applicable laws. ... OBLIGATORY: Every entity of the Executive Power has the obligation to deliver the information in a complete, adequate, timely and truthful manner, requested by any person, without inconvenience. 4. The right of access to information is recognized to all people as a fundamental presupposition for the full exercise of citizenship and the strengthening of democracy. 5 In the exercise of the rights of information and petition, all natural or legal persons, individually or collectively, are entitled to request and receive complete, adequate, timely and truthful information from the Executive Power. | |
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 | Partially | 1 | Preamble: That access to public information, in a timely, complete, adequate and truthful manner, is an indispensable requirement for the functioning of the democratic system and a fundamental pillar of transparent public management; particularly in access to information necessary to investigate crimes against humanity, human rights violations, crimes of economic damage to the State and acts of corruption. 4. The right of access to information is recognized to all people as a fundamental presupposition for the full exercise of citizenship and the strengthening of democracy. | Weak statement of the benefits and no specific provision that the law be interpreted broadly. |
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 | 4. The right of access to information is recognized to all people as a fundamental presupposition for the full exercise of citizenship and the strengthening of democracy. 5. In the exercise of the rights of information and petition, all natural or legal persons, individually or collectively, are entitled to request and receive complete, adequate, timely and truthful information from the Executive Power. | Covers legal entities and no suggestion that limited to citizens. |
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 | 12(I) Every public entity has the obligation to provide the required information in written documents, photographs, recordings, magnetic or digital support, or in any other format, provided that it has been created or obtained by it and that it is under its responsibility or scope of its competence. | Seems to be quite broad but not entirely clear that this refers to scope as opposed to format of access. |
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 | Various articles. | Only refer to information and not to 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 | 6 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Applies broadly to the executive branch which includes all ministries and their autonomous and decentralised entities. Not clear about head of State or whether all subordinate bodies are covered. |
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 | NO | 0 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Only applies to the Executive Branch. |
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 | NO | 0 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Only applies to the Executive Branch. |
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 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | |
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 | NO | 0 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Not mentioned |
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 | NO | 0 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Not mentioned |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | N/A | Reasons are not mentioned, and as the law is not clear about what is to be included in a request, this is not very clear, but some benefit of the doubt given. |
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 | NO | 0 | N/A | Not mentioned |
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 | Partially | 1 | 11(I) The petitioners, duly identified, will request the information verbally or in writing to the Information Unit established for this purpose. | No requirement to use a form but limited references to means of making 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 | NO | 0 | N/A | Not mentioned |
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 | NO | 0 | N/A | Not mentioned |
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 | Partially | 1 | 15(III) The authority should guide the petitioner, in writing, the possible destination or location of the information, when it does not exist in its files or records or is not within the scope of its competence. | Weak obligation to refer the requester to the right place to seek the information. |
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 | NO | 0 | 12(II) The entity only has obligation to deliver the information in the state and form in which it is. The petitioner may not require a change of format or that the information be issued in a manner different from that which is stored or filed in the entity. | You only get it in the format in which it is already stored. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
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 | Partially | 1 | 11(II) The responsible public servant will keep a record of all the applications presented. The information will be made available to the applicant within a maximum period of fifteen (15) business days, except in cases of justified refusal on the grounds established in this Supreme decree. | 15 working days so only one point |
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 | YES | 2 | N/A | No provision for extensions |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 3. The fundamental principles that guide access to public information are the following: ... GRATUITY: Access to information is free. When reproduction costs exist, they will be covered by the applicant. 12(III) In accordance with the principle of gratuity, the petitioner who requires information must pay only the amount corresponding to the reproduction costs of the required information. | Guarantee of free requests and information provision, but expected to pay for any reproduction costs |
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 | 12(III) In accordance with the principle of gratuity, the petitioner who requires information must pay only the amount corresponding to the reproduction costs of the required information. | No mention of how fees are determined and no provision for a certain number of free pages but is limited to reproduction |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | 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 | NO | 0 | N/A | Not mentioned |
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 | 7(I) Access to information may only be denied in an exceptional and reasoned manner, only with respect to information that prior to the request and in accordance with current laws is classified as secret, confidential or confidential. This qualification will not be, in any case, discretionary of the public authority. | Other laws expressly preserved. |
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 | 9 | 7(I) Access to information may only be denied in an exceptional and reasoned manner, only with respect to information that prior to the request and in accordance with current laws is classified as secret, confidential or confidential. This qualification will not be, in any case, discretionary of the public authority. 8(I)Secret, confidential or confidential information of the Executive Power regarding the internal or external security of the State shall be subject to the following regime: 1. Indefinite maintenance of the supporting documentation. 2. Lifting of secrecy, confidentiality or confidentiality by order of competent authority. 3. Automatic lifting of secrecy, confidentiality or confidentiality of information, after twenty (20) years from the moment of the event generating the information. | Basically defers to other laws so sort of gets a pass on this. But at least loses one point because it seems to create too broad an exception for security. |
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 | YES | 4 | 7(I) Access to information may only be denied in an exceptional and reasoned manner, only with respect to information that prior to the request and in accordance with current laws is classified as secret, confidential or confidential. This qualification will not be, in any case, discretionary of the public authority. 8(I)Secret, confidential or confidential information of the Executive Power regarding the internal or external security of the State shall be subject to the following regime: 1. Indefinite maintenance of the supporting documentation. 2. Lifting of secrecy, confidentiality or confidentiality by order of competent authority. 3. Automatic lifting of secrecy, confidentiality or confidentiality of information, after twenty (20) years from the moment of the event generating the information. | Again, a bit of a free pass here but no actual exceptions that lack harm tests. |
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 | 1 | 3. The fundamental principles that guide access to public information are the following: … Under no circumstances can information regarding the commission of crimes of humanity, human rights violations, corruption in the exercise of public functions and damage to the State be protected under secrecy, reservation or confidentiality. | Absolute override for various interests, but no general override. |
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 | 7(II) Once the secrecy, reservation or confidentiality has been lifted by the competent authority, in accordance with current laws, the information requested will be provided in a timely and preferential manner. 8(I) Secret, confidential or confidential information of the Executive Power regarding the internal or external security of the State shall be subject to the following regime: 3. Automatic lifting of secrecy, confidentiality or confidentiality of information, after twenty (20) years from the moment of the event generating the information. | Seems to apply exception at the time of the request; very limited overall limits for security information only. |
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 | Partially | 1 | 14. In case a document contains partial information, the public entity must allow access to all the information that is available. | Not very clear but seems to be some sort of a severability clause. |
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 | Partially | 1 | 15(II) The competent authority must communicate in writing to the petitioner its denial based on the preceding grounds, noting the limitations and reasons that justify the non-delivery of the information requested. | Weak compliance with (a) and no mention of (b). |
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 | Partially | 1 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. (II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | Appeal to a 'competent superior authority' is presumably internal. There is nothing explicit about the procedure being free but there are clear timelines within which any issue needs to be resolved |
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 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. | Complaint before Ombudsman |
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 | 219(I) The Office of the Public Defender shall be directed by the Public Defender, who shall performs his or her functions for a period of six years, without possibility of a new designation. 220. The Public Defender shall be designated by at least two-thirds of the members present of the Pluri-National Legislative Assembly. The designation shall require a prior public announcement and determination of professional capacity and merit through a public competition among persons recognized for their career in defense of human rights. | Provisions from Constitution. See also Articles 9-12 of the Law on the Public Defender, No. 870, 13 December 2016 |
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 | 223. Each year, the Public Defender shall report to the Pluri-National Legislative Assembly and to the Office of Social Control concerning the situation of human rights in the country and on the management of its administration. The Public Defender may be called on at any moment by the Pluri-National Legislative Assembly or the Social Control to provide a report with respect to the exercise of its authority. Article 32. The Ombudsman's Office will have as sources of financing: a) Financial resources assigned by the General Treasury of the Nation - TGN. b) Donations and legacies. c) Resources from national or international cooperation. | Provisions from Constitution. Reports to parliament but budget comes from government (see Article 32 of the Law on the Public Defender, No. 870, 13 December 2016). |
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 | Partially | 1 | 221. To be designated as Public Defender one must satisfy the general conditions to be a public servant, be thirty years old at the time of designation and have proven personal and ethical integrity determined by public observation. Article 8 (Ombudsman Law): The exercise of the office of Defender or the Ombudsman, is incompatible with the performance of any other public or private activity, remunerated or not, except the university teaching activity. | Provisions from Constitution. No prohibitions but positive requirements. Article 8 of the Law on the Public Defender, No. 870, 13 December 2016, prohibits carrying on activities while Public Defender but is not a rule on prior incompatibility. |
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 | 222. The powers of the Office of the Public Defender, in addition to those established in the Constitution and the law, are the following: 3. To investigate, on its own or at the request of a party, the acts or omissions that imply violations of rights, individual and collective, that are established in the Constitution, laws and international instruments, and request that the Public Ministry initiate the corresponding legal actions. 4. To request information from the authorities and public servants with respect to the investigations that the Public Defender is carrying out, to which no objection may be posed. | Provisions from Constitution. Doesn't seem to have these powers. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | 222. The powers of the Office of the Public Defender, in addition to those established in the Constitution and the law, are the following: 5. To formulate recommendations, reminders of legal duties, and suggestions for the immediate adoption of corrective measures for all the organs and institutions of the State, and to issue public censure for acts or behavior contrary to these formulations. | Provisions from Constitution. Not binding. |
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 | NO | 0 | N/A | Not mentioned |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. (II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | |
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 | NO | 0 | N/A | Not mentioned |
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 | Partially | 3 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. (II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | Seems to be quite broad but not described as well as it could be. |
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 | Partially | 1 | 16(II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | Just timelines. |
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 | 17(I) The public servants in charge of the compliance and execution of this Supreme Decree that incur in undue refusal, lack of response or illegal restriction in the attention of the requests for information, regardless of the administrative and civil responsibility that corresponds to them, will be liable criminal offense for breach of duties. (II) The higher administrative authority, known the fact, will file a complaint with the Public Ministry for the corresponding criminal action. The petitioner affected in his right may file a complaint with the same entity. | Seems quite broad in scope. |
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 | NO | 0 | N/A | Not mentioned |
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 | YES | 2 | 18(I) Compliance with the provisions of this Supreme Decree will not give rise to any type of sanctions against the persons who provide the requested information. (II) No natural or legal person, public or private, entity or means of communication that discloses the information obtained, may be subject to reprisals, administrative or judicial actions for the disclosure of information, including that indicated in Article 7 of this Supreme Decree and the Article 8 of this same rule when it is framed in the procedures and deadlines established for this purpose. | Seems quite broad. |
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 | NO | 0 | N/A | Not mentioned |
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 | 6. The Maximum Executive Authorities must ensure access to information to all people without distinction of any nature, establishing the structure and internal procedures of public entities under their dependence, which allow providing complete, adequate, timely and accurate information. 9. People can access public information directly through electronic pages, publications or any other dissemination format; and indirectly, through the Information Unit that the Maximum Executive Authorities will enable in each of the entities under their charge or through the existing Unit to which said Authority expressly delegates this function. 20(I) Every public entity must adopt administrative measures that guarantee and promote transparency and access to information. In this regard, adequate infrastructure, organization, systematization and publication of the information must be foreseen, within ninety (90) days following the date of publication of this Supreme Decree. | Seem to have to appoint information officers but not that clear. |
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 | YES | 2 | 20(II) The Executive Branch will promote actions aimed at creating a culture of access to information in society through public awareness plans; training programs and updating of public servants; periodic evaluations and monitoring of compliance with and execution of this Supreme Decree. | |
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 | Partially | 1 | 20(II) The Executive Branch will promote actions aimed at creating a culture of access to information in society through public awareness plans; training programs and updating of public servants; periodic evaluations and monitoring of compliance with and execution of this Supreme Decree. | Very general obligation. |
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 | YES | 2 | 20(I) Every public entity must adopt administrative measures that guarantee and promote transparency and access to information. In this regard, adequate infrastructure, organization, systematization and publication of the information must be foreseen, within ninety (90) days following the date of publication of this Supreme Decree. | Could be seen as a very rudimentary system for records management. |
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 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 20(II) The Executive Branch will promote actions aimed at creating a culture of access to information in society through public awareness plans; training programs and updating of public servants; periodic evaluations and monitoring of compliance with and execution of this Supreme Decree. | Borderline - weak obligation on Executive to undertake training. |
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 | Not mentioned |
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 | NO | 0 | N/A | According to Article 15 of the Law on the Public Defender, No. 870, 13 December 2016, the Public Defender has to report generally on human rights issues, but no special mention of RTI. |
