Greece
First adopted: 1986
Last modified: 2015-03
RTI Rating last updated: 2016-05
Introduction
The Greek version of their right to information regime is part of their general Administrative Procedural Code, which helps explain in part why it is so weak. Due to the broad nature of such a Code, the regime has many gaps and missing concepts found in a better practice RTI law. This location also means that, problematically, the law only applies to administrative documents "drawn up by public services", which largely excludes the legislature and judiciary. Many better practice procedures are missing. In terms of exceptions, although most of the specific items are legitimate, many are not harm tested and there is no public interest override, while secrecy laws are preserved. Appeals go to the General Office of the Ombudsman, which lacks some of the specialised powers needed to process information appeals effectively. There are no sanctions or protections, and the score for promotional measures is a very weak three out of a possible 16 points.
id | Section | Points | Max score |
---|---|---|---|
1 | Right of Access | 4 | 6 |
2 | Scope | 12 | 30 |
3 | Requesting Procedures | 15 | 30 |
4 | Exceptions & Refusal | 13 | 30 |
5 | Appeals | 17 | 30 |
6 | Sanctions & Protections | 0 | 8 |
7 | Promotional Measures | 3 | 16 |
∑ = 64 | ∑ = 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 | YES | 2 | [The Constitution of Greece] Article 5(A)(1) All persons have the right to information, as specified by law. Restrictions to this right may be imposed by the law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. (2) All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9(A) and 19. | Could be clearer on establishing a right to access public information but benefit of doubt given. Link to the Constitution of Greece (English, French and German versions) 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 | YES | 2 | [The Constitution of Greece] Article 5(A)(1) All persons have the right to information, as specified by law. Restrictions to this right may be imposed by the law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. | |
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 | [Administrative Procedural Code] Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. [...] [Administrative Procedure Act] Article 3(4). | Every person (national citizens, aliens and legal entities) are allowed to file requests. |
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 | 4 | Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by 3 public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions. | Applies to administrative documents and only to a certain kind of them such as reports, studies, minutes, statistical data, circulars, replies of the administration, opinions and resolutions. No mention about excluded documents, but it can be inferred that there are. |
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 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by 3 public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions. [...] (4) The right of paragraphs 1 and 2 is exercised: (a) by studying the document at the premises of the service or (b) by issuing a copy, unless the reproduction thereof can prejudice the original. [...] | No mention about the access to information. |
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 | 4 | Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. [...](3) The right under the previous paragraph is not applicable in cases when the document concerns the private or family life of a third party or if there is violation of confidentiality stipulated by special provisions. The competent administrative authority may refuse to satisfy this right if the document refers to the discussions of the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation. | The law grants the access to the documents "drawn up by public services". This definition may include all the central, regional and local administration but not the executive. It is on partially as the law does not include archives, the executive, and the Cabinet of Ministers. |
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 | Partially | 1 | Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents [...] | The law only applies to administrative documents. |
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 | N/A | No specific mention about the judicial 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 | NO | 0 | N/A | Not mentioned. |
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 | N/A | 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 | N/A | 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 | 3(3) For the convenience of the interested parties, application forms are used, which should be provided by the public authorities on all issues within their competence. The forms include the conditions provided for by the legislation for the satisfaction of the request, the applicable provisions, the supporting documents that should be 2 submitted by the interested party, as well as the period of time within which the answer will be given. [...] | The law does not require reasons but also does not explicitly state they are not required. Due to the lack of request procedures and the ability for public authorities to make their own forms, this is not a sufficient guarantee. |
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 3(4) The identity particulars mentioned in the application, in case of Greek citizens, are evidenced by the identity card or the relevant temporary certificate of the competent authority or the passport. The identity of aliens is proved, in case of citizens of European Union member states, by the identity card or the passport or another document based on which their entry in the country is allowed or documents issued by the competent Greek authorities. The identity of legal entities is proved in accordance with the provisions applicable in the place where their registered offices are located. When the application is not submitted in person. It should be accompanied by a certified photocopy of the identity card or the respective documents. [Administrative Procedure Code] | Requesters are required for identification in order to submit an application. |
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 3(3) For the convenience of the interested parties, application forms are used, which should be provided by the public authorities on all issues within their competence. The forms include the conditions provided for by the legislation for the satisfaction of the request, the applicable provisions, the supporting documents that should be 2 submitted by the interested party, as well as the period of time within which the answer will be given. [...] | No procedure listed. |
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 3(3) If the interested party states that she cannot write, the competent public servant, following an oral account of the request of the interested party, is obliged to draw up the application himself/herself. | |
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 | Article 3(3) If the interested party states that she cannot write, the competent public servant, following an oral account of the request of the interested party, is obliged to draw up the application himself/herself. | |
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 | YES | 2 | Article 4(4) The administrative authorities should, at the request of the interested party, to issue certificates and attestations immediately. If the immediate issuance thereof is not possible, they are sent by mail within ten (10) days at the given address. | |
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 | Article 4(1) If the application is submitted to a non competent service, this service is obliged, within five (5) days, to forward it to the competent service and notify the interested party accordingly. In this case. the time limit begins from the date when the application was received by the competent service. (2) If a case cannot be handled within the time limit of the previous paragraph, the competent service is obliged to notify the following to the interested party in writing: (a) the reasons for the delay, (b) the civil servant to whom the case was assigned and his telephone number for the provision of information, (c) the supporting documents that may be missing, as well as (d) any other useful 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 | N/A | Not mentioned. |
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 | Article 4(1) When applications are made, the administrative authorities are obliged to handle the cases of the interested parties and decide on their requests within the time limit, if any, stipulated by the relevant special provisions, otherwise, within sixty (60) days. [...]. | |
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 | NO | 0 | Article 4(1) When applications are made, the administrative authorities are obliged to handle the cases of the interested parties and decide on their requests within the time limit, if any, stipulated by the relevant special provisions, otherwise, within sixty (60) days. The time limit begins when the application is submitted to the competent service. If the application is submitted to a non competent service, this service is obliged, within five (5) days, to forward it to the competent service and notify the interested party accordingly. In this case. the time limit begins from the date when the application was received by the competent service. | |
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 | Article 4(2) If a case cannot be handled within the time limit of the previous paragraph, the competent service is obliged to notify the following to the interested party in writing: (a) the reasons for the delay, (b) the civil servant to whom the case was assigned and his telephone number for the provision of information, (c) the supporting documents that may be missing, as well as (d) any other useful information. | The procedure is established, but no timeline is mentioned. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | It seems to be free, but there is no section that stipulates this. |
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 5(4) The relevant reproduction cost is incurred by the applicant unless the law stipulates otherwise. | The costs are limited to the reproduction of the document. |
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 | YES | 2 | Article 5(5) The right under paragraphs 1 and 2 is exercised subject to the existence of any copyright or industrial property right. | |
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 | N/A | Not mentioned. |
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 | Article 5(3) The competent administrative authority may refuse to satisfy this right if the document refers to the discussions of the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation. | The "documents that refers to the discussions of the Cabinet of Ministers" fall outside of this list. |
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 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Article 6(1) Before any action or measure against the rights or interests of a specific person, the administrative authorities are obliged to invite the interested party to express his/her opinion, in writing or orally, concerning the relevant issues. | |
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 | NO | 0 | N/A | Not mentioned. |
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 | Article 5(6) The refusal of the-right under paragraphs 1 and 2 should be justified and notified in writing to the applicant within one (1) month after the submission of the application. Article 16(1) The administrative deed is in writing, states the issuing authority and the applicable provisions and bears the date and signature of the competent body. The individual administrative deed also states the possibility, if any, of filing a special administrative or remedial appeal under article 25 and mentions the competent body for examination, the time limit and the consequences of failure to file such appeal. Any appeal made in accordance with the said information of the service cannot produce consequences against the appellant. The failure to mention the applicable provisions and the information stated in the second sentence does not imply that the deed is invalid. | |
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 24(1) If the relevant provisions does not allow for the possibility to file the special administrative or remedial appeal under the following article, for the restitution of material or moral prejudice of lawful interests caused by an individual administrative deed, the interested party may, for any reason, apply for revocation or amendment thereof (application for remedy) to the administrative authority that issued the deed, or for cancellation thereof (hierarchical appeal) to the superior authority of the authority that issued the deed. (2) The administrative authority to which the said application is submitted should notify its decision to the interested parry within thirty (30) days, unless special provisions stipulate a different time limit. Article 25(1) When so stipulated by special provisions, for the restitution of material or moral prejudice of lawful interests caused by an administrative deed, the interested party may appeal to the administrative body stipulated by such provisions within the time limit stated therein and request the cancellation or amendment of the deed, as the case may be. (2) [...] The competent body should notify its decision to the appellant within the time limit, if any, set by the special provisions or, in case of special appeal, within thirty (30) days and, in case of remedial appeal, within three (3) months [...]. | |
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 | Partially | 1 | [Law on the Ombudsman of Greece] Article 1(1) The independent authority entitled "The Ombudsman", has as its mission to mediate between citizens and public services, local authorities, private and public organizations as defined in article 3, para. 1 of this Law, with the view to protecting citizens' rights, combating maladministration and ensuring respect of legality. Article 3(3) The Ombudsman shall investigate individual administrative acts or omissions or material actions of public officials, which violate rights or infringe upon the legal interests of physical or legal persons. In particular, the Ombudsman shall investigate cases in which an individual or collective public body: (i) by an act or omission, infringes upon a right or interest protected by the Constitution and the legislation; (ii) refuses to fulfill a specific obligation imposed by a final court decision; (iii) refuses to fulfill a specific obligation imposed by a legal provision or by an individual administrative act; (iv) commits or omits a due legal act, in violation of the principles of fair administration and transparency or in abuse of power. | The Ombudsman is not mentioned by the law like oversight body, but he have a proactive attitude in defense of the access to public documents field. Link to the Law on the Ombudsman of Greece, Law No. 2477/97 (In English) here. |
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 | [The Constitution of Greece] SECTION VI - Chapter I - Management of Administration. Article 101(A)(1) Wherever the Constitution envisages the establishment and operation of an independent authority, its members are appointed for a specified period of duty and are abided by personal and operational independence, as the law provides. (2) [...] The individuals employed in independent authorities should possess the correspondent qualities, as the law provides. Their selection is made according to the ruling of the Board of Parliament Chairmen, with unanimity if possible, or whatsoever, with the increased plebiscite of four-fifths of its members. A Parliament Regulation provides for issues regarding the selection procedure. (3) The Parliament Regulation regulates the issues regarding the relation between the Parliament and the independent authorities as well as the parliamentary control mode. | |
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 | YES | 2 | [Presidential Decree No. 273 (The Greek Ombudsman)]. Taking into consideration: [...] (3) The fact that the implementation of the provisions of the present Presidential Decree require an expenditure, taken from the state budget, of approximately 25 million drachmas for the present fiscal year, approximately 50 million for the fiscal years 2000-20001, approximately 60 million for the fiscal years 2002-2003 and 81 million for the fiscal year 2004. The above expenditure will be covered by the credits entered in the budget of the Special Authority 07-610 of the Independent Administrative Authority "The Ombudsman" (KAE group 0200and 0871) and for the subsequent fiscal years by the credits to be entered for this purpose in the above budget. Article 7(1) The Ombudsman draws up an annual report, explaining the work of the Authority, presenting the most important cases, and formulating recommendations for the improvement of the public services and the adoption of the necessary legislative or regulatory measures. | |
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 | [The Constitution of Greece] SECTION VI - Chapter I - Management of Administration. Article 103(9) A law defines the issues pertinent to the formation and the jurisdictions of the Greek Ombudsman, which functions as an independent authority. | |
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 | YES | 2 | [Law on the Ombudsman of Greece] Article 4(1) The Ombudsman undertakes the investigation of any issue within his jurisdiction, following a signed complaint submitted by any directly concerned person or legal entity or union of persons. Article 4(5) The Ombudsman may request public services to provide him with any information, document or other evidence relating to the case, and may examine individuals, conduct on-site investigations and order an expert's report. During the examination of documents and other evidence, which are at the disposal of public authorities, the fact that they have been classified as secret may not be invoked, unless they concern issues of national defence, state security and the country's international relations. All public services have an obligation to facilitate the investigation in every possible way. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | [Law on the Ombudsman of Greece] Article 1(1) The independent authority entitled "The Ombudsman", has as its mission to mediate between citizens and public services, local authorities, private and public organizations [...]. | |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | N/A | The Law does not mention anything about the charge. However, the Ombudsman's website is clear in this subject: "The Ombudsman provides its services to the public free of charge". |
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 | [Law on the Ombudsman of Greece] Article 1(1) The independent authority entitled "The Ombudsman", has as its mission to mediate between citizens and public services, local authorities, private and public organizations as defined in article 3, para. 1 of this Law, with the view to protecting citizens' rights, combating maladministration and ensuring respect of legality. | |
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 | [Law on the Ombudsman of Greece] Article 4(1) The Ombudsman undertakes the investigation of any issue within his jurisdiction, following a signed complaint submitted by any directly concerned person or legal entity or union of persons. [...] (2) The Ombudsman may also proceed to the investigation of cases on his own initiative [...] (4) The complaint shall be lodged within six (6) months from the date on which the applicant has been fully informed of the acts or omissions for which he/she has appealed to the Ombudsman, and is recorded in a special register. [...] | The law provide the main lines of the procedure. |
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 | Partially | 1 | [Law on the Ombudsman of Greece] Article 4(6) On completion of the investigation, if required by the nature of the case, the Ombudsman shall draw up a report on the findings, to be communicated to the relevant Minister and authorities, and shall mediate in every expedient way to resolve the citizen's problem. In his recommendations to public services, the Ombudsman may set a time-limit within which the services have an obligation to inform him of the actions taken in implementation of his recommendations or of the reasons for which they cannot accept them. The Ombudsman may make public the refusal to accept his recommendations, if he considers that this is not sufficiently justified. | Not to impose, but to recommend. In his recommendations to public services, the Ombudsman may set a time-limit within which the services have an obligation to inform him of the actions taken in implementation of his recommendations or of the reasons for which they cannot accept them. The Ombudsman may make public the refusal to accept his recommendations. |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Article 12. Any document coming to the service in any way, is recorded on the same day in the incoming book by serial number, along with a characterization and reference to the subject and the number of particulars accompanying it. The body to which it is addressed and the incoming date are also recorded in the said book. The service should issue a certificate for the registration of the document containing all the above particulars. | |
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 | Partially | 1 | [Law on the Ombudsman of Greece] Article 3(5) The Ombudsman shall draw up an annual report, explaining the work of the Authority, presenting the most important cases and formulating recommendations for the improvement of the public services and the adoption of the necessary legislative measures. | The report that the Ombudsman has to present is not only about the right of access to information. So it may or may not include information on the implementation of that right. |
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