East Timor
Name of law: Decree-Law N. 43/2016
First adopted: 2016
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2016
Last modified: n/a
RTI Rating last updated: n/a
Introduction
The RTI law in East Timor is amongst the weakest worldwide. Not only does the law only apply to the executive branch of government but it is also subject to other legislation, as the RTI law does not explicitly trump secrecy provisions in other statutes and several exceptions are not harm-tested, although there is a broad public interest override. The procedures are also flawed with too much information being needed to be supplied on a request, limited requirements to provide assistance, and undue charges for requests. A serious weakness is the failure to provide for an administrative level of appeal, while the internal process is vague at best. There are no sanctions or protections at all, and the only promotional measure is the requirement to appoint information officers.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 17 | 30 |
| 3 | Requesting Procedures | 10 | 30 |
| 4 | Exceptions & Refusal | 15 | 30 |
| 5 | Appeals | 4 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 2 | 16 |
| ∑ = 50 | ∑ = 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 | NO | 0 | Section 40(1) Every person has the right to freedom of speech and the right to inform and be informed impartially. (2) The exercise of freedom of speech and information shall not be limited by any sort of censorship. (3) The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person. Section 41(2) Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting. | Context strongly suggests that this right refers merely to a general right to freedom of expression English: https://www.constituteproject.org/constitution/East_Timor_2002?lang=en |
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 | Article 3(1) Access to official documents shall be ensured in accordance with the present law in accordance with the following principles: Article 4(1) Official documents may be accessed by the public, under the terms and conditions defined in this statute. Article 5 Can be accessed by the public with the express authorization of the member of the competent Government who directs the organs and services integrated in the Direct Administration of the State or, in the other organs and services, by the maximum leader of the service or entity, or whom these delegate. | |
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 | 1. Access to official documents shall be ensured in accordance with the present law in accordance with the following principles: A) Transparency; B) Equality; C) Impartiality; D) Protection of Personal Data. | No rule on interpretation |
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 | Article 4 Language of official documents (1) Official documents may be accessed by the public, under the terms and conditions defined in this statute. | No restrictions to right of access appear to exist. |
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 | Partially | 2 | Article 2 Definition (1) For the purposes of this Directive, the official document means any information medium in written, visual, sound, electronic or other material form in possession of the bodies and entities referred to in paragraph 2 of the previous article. (2) Official documents include the following: A) Internal normative orders; B) Circulars; C) Guidelines or Guidelines; D) Instructions, E) Service orders; F) Memoranda; G) Minutes; H) Opinions; I) Offices; (J) Protocols; K) Reports; L) Contracts; (M) any other documents or communications which Administrative framework or interpretation of law. (3) Official documents for the purposes of this Directive shall not include the following: A) Personal notes; B) Outlines; C) Notes and other records of a similar nature. | Some explicit exclusions. |
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 | Article 2 Definition (1) For the purposes of this Directive, the official document means any information medium in written, visual, sound, electronic or other material form in possession of the bodies and entities referred to in paragraph 2 of the previous article. (2) Official documents include the following: A) Internal normative orders; B) Circulars; C) Guidelines or Guidelines; D) Instructions, E) Service orders; F) Memoranda; G) Minutes; H) Opinions; I) Offices; (J) Protocols; K) Reports; L) Contracts; (M) any other documents or communications which Administrative framework or interpretation of law. (3) Official documents for the purposes of this Directive shall not include the following: A) Personal notes; B) Outlines; C) Notes and other records of a similar nature. | Not entirely clear but some suggestion that may be able to ask for both. |
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 | YES | 8 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | |
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 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | Does not refer to courts, although these might be covered under "exercise … public powers". |
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 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | Does not refer to courts, although these might be covered under "exercise … public powers". |
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 | Article 1(2) This diploma shall apply to: D) Public companies; | |
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 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | Not really clear but benefit of doubt given. |
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 | N/A | Private entities performing a public function may be included in Article 1(2)(E), but it is difficult to say for certain. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | Article 10 Requirement of access All interested parties, without having to invoke any interest, must to the competent government official or to the director of the entities referred to in Article 1, in order to access the content and information of official documents must file an application. | |
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 | Article 10(2) The application referred to in the preceding paragraph shall mention, under penalty of refusal, the following elements: A) Identification of the document to be accessed; B) Identification of the form of access to the document, in Pursuant to paragraph 1 of the preceding article; C) Identification of name, address, contact and signature of the applicant. | Minus a point for the name and residential address requirement. |
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 | NO | 0 | Article 10(2) The application referred to in the preceding paragraph shall mention, under penalty of refusal, the following elements: A) Identification of the document to be accessed; B) Identification of the form of access to the document, in Pursuant to paragraph 1 of the preceding article; C) Identification of name, address, contact and signature of the applicant. | Requirement to identify the document being sought, though this may come down to translation issues. But does not specify how to lodge a request. |
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 | Partially | 1 | Article 10(4) Public entities must provide the necessary support to the public for the best and correct identification of the document to be consulted. Article 11 Reply to application It is the responsibility of the member of the competent government or the top officer of the department or entity, or in whom they delegate, within 10 working days, to respond to the requests submitted under the terms of the previous article, being able to: А. To reject the request in the first instance, pursuant to paragraph 2 of the preceding article; (B) invite the applicant to refine the application for lack of clarity of the document or identification of the document; (c) Authorize access, through the issuance of a certificate, reproduction of the document or marking of date, time and place for consultation; (d) Refuse access to the document, explaining the grounds of the same, under the terms of this decree-law. | Vague obligation to provide support. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Partially | 1 | Article 3(2) Access to official documents includes consultation, or reproduction of information on its existence and content, without prejudice to the access restrictions defined in this law. Article 9 Form of access (1) Access to documents is done in the following ways: A) Free consultation at the place where the Documents; B) Photocopy, in a copy, or any other technical means that allows the reproduction of the document; C) Issuance of Certificate. (2) The reproduction or issuance of a certificate shall ensure the intelligibility of the document. Article 10(2) The application referred to in the preceding paragraph shall mention, under penalty of refusal, the following elements: A) Identification of the document to be accessed; B) Identification of the form of access to the document, in Pursuant to paragraph 1 of the preceding article; C) Identification of name, address, contact and signature of the applicant. | Some forms of access are mentioned, but unclear if it is mandatory to comply with requesters' preferences in this regard. |
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 | |
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 | Article 11 Reply to application It is the responsibility of the member of the competent government or the top officer of the department or entity, or in whom they delegate, within 10 working days, to respond to the requests submitted under the terms of the previous article, being able to: (А) To reject the request in the first instance, pursuant to paragraph 2 of the preceding article; (B) invite the applicant to refine the application for lack of clarity of the document or identification of the document; (C) Authorize access, through the issuance of a certificate, reproduction of the document or marking of date, time and place for consultation; (D) Refuse access to the document, explaining the grounds of the same, under the terms of this decree-law. | |
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 extensions. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
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 | Article 9(3) The entities that hold the documents may charge administrative fees for the reproduction or issuance of certificates whose value is not disproportionate to the costs incurred by the services and does not exceed the average value charged by the corresponding service. 4. The value of the administrative costs of the services integrated in the Direct and Indirect Administration of the State is defined by Government Diploma. 5. Administrative charges should be posted in a place accessible to the public. | Fees are centrally set. Somewhat vague as to whether these are limited to reproduction costs and whether or not they are optional, but together these are worth a point. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Article 9(3) The entities that hold the documents may charge administrative fees for the reproduction or issuance of certificates whose value is not disproportionate to the costs incurred by the services and does not exceed the average value charged by the corresponding service. 4. The value of the administrative costs of the services integrated in the Direct and Indirect Administration of the State is defined by Government Diploma. 5. Administrative charges should be posted in a place accessible to the public. | Does not currently provide for that although the rules might include this idea when they are adopted. |
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 | Article 12 Re-use of documents The re-use of documents is subject to the express authorization of the entities referred to in Article 1, and Articles 9 to 11 of this law shall apply mutatis mutandis. | |
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 | Preamble: The provisions of this statute do not preclude the application of special regimes governing the matters of State Secret or Justice. Article 1(3) This decree-law is without prejudice to the system of of documents that deal with matters subject to State or Justice secrecy. | |
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 | NO | 7 | Article 6 Confidential Matters Access to documents covering the following matters may be refused: A) Those related to State Defense and Security, in accordance with definitions of the legislation in force, whose knowledge may endanger or may cause damage to the defense or internal and external security of the State; B) Those that reveal commercial, industrial, scientific, Technical, financial or economic secrets; (C) those containing matters relating to industrial relations or contractual obligations established with the State, the knowledge of which undermines the privacy of private life or the disclosure of personal data; (D) Those relating to the preservation of fundamentally constitutional interests of the State, namely, the integrity of the territory, national sovereignty, patrimony, protection of the population, financial and economic stability and national development; (E) those relating to the strategy to be adopted by the State within the negotiations with other States or international organizations; (F) those transmitted, on a confidential basis, by Foreigners or international organizations; (G) Those relating to the preservation and security of economic and energetic resources. Article 8(5) A third party may only have access to documents on an identified or identifiable natural person, appraisal or value judgment, or information covered by the privacy reserve, if it has a written authorization from it or demonstrates a direct, personal and legitimate interest sufficiently relevant in accordance with the principle of proportionality. (6) A third party may only have access to documents containing trade, industrial secrets or the internal life of an undertaking if it has received a written authorization from it or demonstrates a direct interest in accordance with the principle of proportionality. | Lost points for preservation of economic and energy resources; third party information; internal documents of third parties |
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 | NO | 0 | Article 6 Confidential Matters Access to documents covering the following matters may be refused: A) Those related to State Defense and Security, in accordance with definitions of the legislation in force, whose knowledge may endanger or may cause damage to the defense or internal and external security of the State; B) Those that reveal commercial, industrial, scientific, Technical, financial or economic secrets; (C) those containing matters relating to industrial relations or contractual obligations established with the State, the knowledge of which undermines the privacy of private life or the disclosure of personal data; (D) Those relating to the preservation of fundamentally constitutional interests of the State, namely, the integrity of the territory, national sovereignty, patrimony, protection of the population, financial and economic stability and national development; (E) those relating to the strategy to be adopted by the State within the negotiations with other States or international organizations; (F) those transmitted, on a confidential basis, by Foreigners or international organizations; (G) Those relating to the preservation and security of economic and energetic resources. | No harm tests in 6(b), 6(d), 6(e) and 6(f). |
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 | YES | 4 | Article 3(3). The restriction on access to official documents that are confidential in nature obeys the following principles: A) the necessity; B) Proportionality; C) Adequacy; D) Subsidiarity Article 8 Restrictions on the right of access The refusal of access to official documents must be based on the nature of the matters referred to in Article 6 and on the risk weighting of access to the security of the State and the protection of the public interest, taking account of the principles laid down in paragraph 3 of Article 3. | |
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 | Article 8(3) Access to documents preparatory for a decision may be deferred until the decision is taken, the proceedings are closed or after one year after they have been drawn up. (4) Access to investigations and investigations takes place after the expiry of the period for any disciplinary proceedings. | Some discussion of this for certain exceptions, but no overall time limits. |
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 | Article 8(5) A third party may only have access to documents on an identified or identifiable natural person, appraisal or value judgment, or information covered by the privacy reserve, if it has a written authorization from it or demonstrates a direct, personal and legitimate interest sufficiently relevant in accordance with the principle of proportionality. (6) A third party may only have access to documents containing trade, industrial secrets or the internal life of an undertaking if it has received a written authorization from it or demonstrates a direct interest in accordance with the principle of proportionality. | No procedure for consultation. |
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 | Article 8(7) Documents of a confidential nature shall be communicated in part where it is possible to purge the information relating to the subject matter. | |
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 | Article 11 Reply to application It is the responsibility of the member of the competent government or the top officer of the department or entity, or in whom they delegate, within 10 working days, to respond to the requests submitted under the terms of the previous article, being able to: ... (d) Refuse access to the document, explaining the grounds of the same, under the terms of this decree-law. | No mention of appeals. |
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 | Article 19 Guarantees Acts of refusal of access to official documents of a confidential nature are subject to a hierarchical and judicial appeal in accordance with the law. (d) Refuse access to the document, explaining the grounds of the same, under the terms of this decree-law. | |
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 | NO | 0 | N/A | No administrative level of appeal |
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 | NO | 0 | N/A | No administrative level of appeal |
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 | NO | 0 | N/A | No administrative level of appeal |
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 | NO | 0 | N/A | No administrative level of appeal |
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 | No administrative level of appeal |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | No administrative level of appeal |
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 | No administrative level of appeal |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 19 Guarantees Acts of refusal of access to official documents of a confidential nature are subject to a hierarchical and judicial appeal in accordance with the law. | |
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 | 1 | Article 19 Guarantees Acts of refusal of access to official documents of a confidential nature are subject to a hierarchical and judicial appeal in accordance with the law. | Only for refusals. |
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 | NO | 0 | N/A | No special rules for court cases on this issue. |
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 | NO | 0 | N/A | Not mentioned. |
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 | 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 | 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 | Article 13 Responsible Each entity referred to in Article 1 shall designate someone responsible for monitoring and evaluating compliance with the regime established in this law. | |
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 | NO | 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 | NO | 0 | N/A | Not mentioned. |
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 | 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 | 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 | Not mentioned. |
