Iran
Name of law: Law on Publication and Free Access to Information
First adopted: 2009
Last modified: n/a
RTI Rating last updated: 2017-07
First adopted: 2009
Last modified: n/a
RTI Rating last updated: 2017-07
Introduction
Iran’s RTI score is below average and even this score is inflated due to its very strong scope rating. There is a serious shortage of clear procedures for making requests, leading to a very low score on that category. Notable weaknesses in the regime of exceptions include the fact that other laws can trump the RTI legislation, the presence of a number of illegitimate exceptions and the lack of a public interest override, although all exceptions are at least harm tested. There is a system of administrative appeals but the oversight body is not independent and lacks the required powers to do its job. There are sanctions for obstruction of access but no protections for good faith disclosures, and public authorities are not required to appoint information officers.
The law is also available in its Persian original here.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 1 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 10 | 30 |
| 4 | Exceptions & Refusal | 10 | 30 |
| 5 | Appeals | 12 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 10 | 16 |
| ∑ = 71 | ∑ = 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 | N/A | Not mentioned. |
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 2. Every Iranian citizen has the right to have access to public information, unless otherwise prohibited by law. The use of public information shall be consistent with related laws and regulations. Article 5. The public shall promptly present to public the information [requested under this law] without any discrimination. | Weak guarantee but one point awarded. |
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 | NO | 0 | Article 2. Every Iranian citizen has the right to have access to public information, unless otherwise prohibited by law . The use of public information shall be consistent with related laws and regulations. | |
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 | 3 | Article 1. [...] (A) Information: Any data that has been recorded as document or saved in a software format or restored in any other setup. [...] (C) Public Information: Non-personal information such as regulations and bylaws, national and official statistics and numbers, office documents and correspondence that are not covered under the exceptions mentioned in chapter 4 of this law. Article 3. Every person can prevent the publication or distribution of the information which is produced by him/herself, in case it has been altered through the process of publication, on condition that this information has not been collected and prepared as the result of someone else’s order. If so, the [process] must follow the terms of the contract between them. | Information is defined broadly, but the right of access only applies to public information, which is a narrower definition. |
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 | YES | 2 | 1. [...] (A) Information: Any data that has been recorded as document or saved in a software format or restored in any other setup. [...] | |
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. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Article 1. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 1. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
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. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
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. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | (K) Institutions liable under the law: Private institutions, public institutions and private institutions providing public service. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | Article 7. Public institution shall not demand justification or reasons from the applicant for the submitted requests. | Points awarded, though it's not entirely clear whether Article 7 applies to the entire law, or only to requests for personal information. |
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 | Article 4. The institutions liable under this law are obliged to provide the possibility of secure communication for processing the legal procedure in order to enable the users to communicate with the institution via means of access and communication such as telephone, computer or their cellphones. Obtaining information or presenting documents or paper credentials, receiving or filling out administrative forms shall not be contingent to physical presence of the citizens and officials of public bodies that fall under this law. Note - If the public key infrastructure is secured, there is no need for physical presence for the purpose of signature. | The law is generally vague here, but a point awarded for a provision in the regulations allowing for requests by phone or email. |
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 | Partially | 1 | N/A | Article 1 of executive regulation for article 8 of FOI mentions that the receipt will be provided immediately upon the lodging of request in the portal. |
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 | NO | 1 | Article 9. The responses issued to the requests to access to information shall be in written or electronic format. Regulation Article 5. Institutions that receive high number of requests are authorized to deliver the service in paper or electronically, in compliance with level of access, with full supervision and providing a method to assess public satisfaction according to related regulation and level of access. The traffic data regarding access to this information must be kept in record for six months. | Weak rule on format but one point given. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Article 8. The public institution shall grant requests for access to information in a prompt way and this duration must not exceed10 days. The executive regulations of this article will be approved by the cabinet in six months from the time this law is enacted considering the recommendations of the commission on publication and free access to information. | 'in a prompt way' is not quite the same as 'as soon as possible' but it warrants one point. |
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 8. The public institution shall grant requests for access to information in a prompt way and this duration must not exceed 10 days. The executive regulations of this article will be approved by the cabinet in six months from the time this law is enacted considering the recommendations of the commission on publication and free access to information. | Points awarded, though it's not entirely clear whether Article 7 applies to the entire law, or only to requests for personal information. |
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 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Established as a general matter of administrative law. |
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 | NO | 0 | Article 8. The public institution shall grant requests for access to information in a prompt way and this duration must not exceed 10 days. The executive regulations of this article will be approved by the cabinet in six months from the time this law is enacted considering the recommendations of the commission on publication and free access to information. Article 10. Except in cases of classified information, each public institution shall publish its [own] public information including [the institution's] outcomes and performance for the public interest and promoting citizens' rights. At least once a year, using computer facilities or in a guide book if possible and it shall deliver to the citizens who requested the information charging them the [service] fee and it must include the following: [...] | |
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 | Article 2. Every Iranian citizen has the right to have access to public information, unless otherwise prohibited by law . The use of public information shall be consistent with related laws and regulations. | |
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 | 5 | Article 3. Every person can prevent the publication or distribution of the information which is produced by him/herself, in case it has been altered through the process of publication, on condition that this information has not been collected and prepared as the result of someone else's order. If so, the [process] must follow the terms of the contract between them. Article 4. Compulsing people who prepare and publish information to disclose their sources is prohibited, unless competent judicial authority authorizes. This however does not override the responsibility of the preparers and publishers of information. Article 13. In case the requester requests classified information and documents (State secrets), public bodies shall refrain provision of it. Access to classified information shall be subjected to specific laws and regulation. Article 17. Institution that fall under the purview of this law shall refrain from providing the requested information if providing information will impose hardship on the following items: (A) Security and public welfare. [...] (D) Overseeing immigration to the country. | |
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 | 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 | Partially | 1 | 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 | NO | 0 | Article 15. The intuitions that fall under the purview of this law must refrain from providing information if the request involves illegal disclosure of third party private information unless: (A) The third party clearly and in writing consents to the disclosure of personal information. (B) The applicant is guardian, custodian or attorney of the third party and acts within the given authority. (C) The applicant is a public institution and the requested information directly pertains to the duties of that institution as a public institution within [related] legal framework. | Article 15 suggests that consent can be obtained but it is limited to personal (private) information and contains no mechanism for obtaining consent. There is no general mechanism for consulting with third parties. |
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 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation in the following: (A) Minister of Culture and Islamic guidance (head of the commission). (B) Minister of communication and information technology or related deputy. (C) Minister of Information or related deputy. (D) Minster of Defense or related deputy. (E) Head of institution for management and planning or related deputy. (F) Head of administrative justice department. (G) Head of cultural commission in the parliament of Islamic Republic of Iran. (H) Secretory general of High Council of information technology. Note 1 - The secretariat of the mentioned commission should be established in the ministry of culture and Islamic guidance. The manners the meetings should be held in addition to its management and duties of secretariat will be recommended by the commission and will be approved by cabinet. Note 2 - Resolutions passed by the commission on publication and free access to information and approved by the president are binding. | |
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 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation in the following: (A) Minister of Culture and Islamic guidance (head of the commission). (B) Minister of communication and information technology or related deputy. (C) Minister of Information or related deputy. (D) Minster of Defense or related deputy. (E) Head of institution for management and planning or related deputy. (F) Head of administrative justice department. (G) Head of cultural commission in the parliament of Islamic Republic of Iran. (H) Secretory general of High Council of information technology. Note 1 - The secretariat of the mentioned commission should be established in the ministry of culture and Islamic guidance. The manners the meetings should be held in addition to its management and duties of secretariat will be recommended by the commission and will be approved by cabinet. Note 2 - Resolutions passed by the commission on publication and free access to information and approved by the president are binding. | |
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 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation in the following: (A) Minister of Culture and Islamic guidance (head of the commission). (B) Minister of communication and information technology or related deputy. (C) Minister of Information or related deputy. (D) Minster of Defense or related deputy. (E) Head of institution for management and planning or related deputy. (F) Head of administrative justice department. (G) Head of cultural commission in the parliament of Islamic Republic of Iran. (H) Secretory general of High Council of information technology. Note 1 - The secretariat of the mentioned commission should be established in the ministry of culture and Islamic guidance. The manners the meetings should be held in addition to its management and duties of secretariat will be recommended by the commission and will be approved by cabinet. Note 2 - Resolutions passed by the commission on publication and free access to information and approved by the president are binding. | |
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 | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | Partially | 1 | Article 18. [...] Note 2 - Resolutions passed by the commission on publication and free access to information and approved by the president are binding. | The language implies a requirement for presidential approval as well. |
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 | Article 10 of Establishment and Judiciary Procedure of Administrative Justice Department Act. | |
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 | In accordance with administrative law, appeals to the commission (via the portal) are free and do not need a lawyer. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 10 of the Establishment and Judiciary Procedure of Administrative Justice Department Act provides for broad grounds of appeal covering all refusals and violations of the law. | |
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 | 1 | N/A | Timelines are in place for appeals. |
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 | Article 22. The following acts are crimes if done deliberately and perpetrator will be fined in cash in the amount between 300,000 to 100,000,000 Rials depending on the level of harm, the number of committing of crime and the status of perpetrator: (A) Blocking access to information contrary to the regulation of this law. (B) Any action or non-action that hinders the duties of commission on publication and free access to information or duties of public institutions to inform, in violation of this law. (C) Trivial or general destruction of the information without having the authority. (D) Not following the deadlines of this law in regards to designated deadlines and [due dates]. In case for each of the mentioned crimes a more severe punishment has been designated [under the law], the more severe punishment should be considered in penalizing the perpetrator. | |
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 | Article 21. Any person, either natural or legal, whose physical and intellectual interests have been damaged as a result of the publication of false information related to this individual has the right to deny the published information or provide explanation about it or demand remedy for the damages the person sustained according to general rules of civil liability. Note - In case, true information is published contrary to the articles of this law, real and legal individuals are entitled to demand remedy for the incurred damages, subject to the general rules of civil liability. | |
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 | Article 11. The highest position in the institution bears the responsibilities and duties in application of this law and [its] executive regulation. Note - The highest position in the institution can delegate, within the framework of legal authorities, the whole or portion of the responsibility in presentation and publication of information to other subordinate individuals. | |
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 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation. | |
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 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation. | Weak educational mandate. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 2. The institutions liable under this law are required to gradually and in three years transform the mentioned information restored under article (7) of this executive regulation to numeric form, starting the first year this executive regulation is promulgated and present it to public in different level, in compliance with law. | Digitisation requirements count here. |
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 | YES | 2 | Article 3. The institutions liable under this law are required to present in their portal, the titles of their public and unclassified information and the instruction to access to them. Note - The institutions liable under this law are required to place the electronic form and printing version of it on their portal. After filling out the form and send it to the institution, a tracking number is assigned to the applicant in order to follow up his/her case. | |
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 | YES | 2 | Article 12. Public institutions shall present an annual report about their activities and application of this law to the commission on publication and free access to information. Regulation Article 6. The institutions liable under this law are required to present a statistical report about the publication of information and their performances in [providing] access to information and their report shall include the followings: (A) Statistics on requested information and the number of granted and rejected requests. (B) The average on the extent the information was presented and the time for providing information for each title of information. (C) Report on the published information and the number of their visits. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 20. The commission shall deliver a report annually, to the parliament of Islamic Republic and president, reflecting the activities and compliance of the institutions (that fall under the purview of this law) with the law [on Publication and Free Access to Information]. |
