Jordan
Name of law: Law on Securing the Right to Information Access
First adopted: 2007
Last modified: n/a
RTI Rating last updated: 2016-12
First adopted: 2007
Last modified: n/a
RTI Rating last updated: 2016-12
Introduction
Jordan's right to information law has many problems, leading to a poor RTI rating. While the scope section obtains a high score for its breadth, this strength is nullified by its overly broad exceptions that are not harm tested and the ability for other legislation to exempt types of information from the information disclosure. The exceptions are not subject to a public interest override either. Another area of weakness is its appeals structure, which is missing an internal appeal route. As a result, all appeals must either go through the judiciary or a weak oversight body that is overtly political and missing many independence-based safeguards. The lack of procedural detail and the absence of a defined sanctioning system are other major problems of Jordan’s RTI law.
The law is also available in its Arabic original here.
Local Expert: Yahia Shukkier
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 0 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 6 | 30 |
| 4 | Exceptions & Refusal | 10 | 30 |
| 5 | Appeals | 9 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 56 | ∑ = 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 | NO | 0 | N/A | Not mentioned. |
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 | 7 Subject to the provisions of the applicable legislations, each Jordanian citizen has the right to obtain the information he/she requires according to the Provisions of this Law should he/she has a lawful interest or justification. | Citizens only. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 "Information" - any oral or written data, written, copied, recorded or electronically stored records, statistics or documents or stored by any other means falling within the scope of the control or liability of the official in charge. | Definition of "information". |
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 | 2 Any oral or written statements, registers, statistics or documents whether they are written, photocopied, recorded, electronically stored or in any other way and shall be under the administration or jurisdiction of the responsible official. | Only documents in practice (no right to have information compiled from different documents). |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
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 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
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 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
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 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
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 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Companies that are "in charge of the management of a public facility". |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 7 Subject to the provisions of the applicable legislations, each Jordanian citizen has the right to obtain the information he/she requires according to the Provisions of this Law should he/she has a lawful interest or justification. | |
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 | 9(a) The information request shall be presented in the form approved for this purpose, including the requester's name, domicile, profession and any other data, as the Board may deem necessary [...] | Also the request form requires a lot of personal information. |
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 | 9(a) The information request shall be presented in the form approved for this purpose, including the requester's name, domicile, profession and any other data, as the Board may deem necessary. [...] | Vague procedure and requirement that an official form be used. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | 9(c) The Official in Charge shall reply to or reject the request within thirty (30) days as of the date following the date of request submission. [...] | No - several sections indicate that departments are only responsible for info under their control, with no mention of referral procedures, and 9(c) implies no notification either. |
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 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 9(c) The Official in Charge shall reply to or reject the request within thirty (30) days as of the date following the date of request submission. [...] | 30 days. |
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 | YES | 2 | N/A | The constitution prohibits 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 | 18 A decree by the Prime Minister shall fix any amount received by the Department for the copying of the information required, based on the Board's point of view. | Instructions call for fees to be set centrally and give 10 pages for free. 18 - set by the individual departments, with vague rules governing limits. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 13 Subject to the provisions of the applicable legislations, the Official in Charge shall refrain from the disclosure of the information related to: (a) The secrets and documents protected under another legislation. [...] | |
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 | 10 No information bearing the nature of religious, racial, ethnic, sexual or color discrimination shall be requested. 13 Subject to the provisions of the applicable legislations, the Official in Charge shall refrain from the disclosure of the information related to: [...] (f) The correspondences with personal or confidential nature, whether in the form of post, cable, phone call or any other technological means, with governmental departments and the replies thereto. [...] (i) The information with commercial, industrial or economic nature, information on scientific bids or researches or technology, whose disclosure will lead to the violation of its copyright, rights of intellectual property or fair or lawful competition or to illegal profit or loss for any person. | 10 - No discriminatory information, 13(f) - "confidential correspondences", 13(i) - copyright (overly broad, not limited to privately held copyrights). |
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 | 13(b) The documents classified as confidential and protected and to be granted by an agreement with another country. (c) The secrets related to national defense, state security or foreign policy. [...] (h) The investigations made by the prosecution, judicial system or security authorities concerning any crime or lawsuit within their scope of power, as well as the investigations made by the appropriate authorities for unveiling financial, customs or banking breaches, unless the appropriate authority permits the disclosure thereof. | 13(b) (agreement with other States); 13(c) - national defence, state security and foreign policy (counted as 2 exceptions - security and foreign relations), 13(h) - judicial investigations. |
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 | 19 The Cabinet shall issue the rules required to put in place the Provisions of this Law, including the rule that fixes the protected documents that may be disclosed and kept for a period no less than thirty (30) years. | Article 19 has some vague wording about a 30 year time limit, but this is limited in its applicability. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 11(b) In case a part of this information is classified and the other part is not, the request shall be replied within the limits set forth in the Provisions of this Law. | |
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 | 9(d) In case the request is rejected, the resolution shall be justifiable and the refrainment from reply within the set period shall be deemed as a decision of rejection. Article 12. In case the information required is unavailable or destroyed by the passage of time, the Official in Charge shall clarify the matter to the requester. | 9(d) - reasons only, Article 12. |
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 | No internal appeals. |
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 | 17(b) The Requester may file a complaint against the Official in Charge to the Board by the Information Commissioner in case of his/her rejection or the Official un Charge's refrainment from the provision of the information required within the legally fixed period. | |
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 | 3(a) A board shall be formed by virtue of the herein Law under the name of (Information Board), to be formed as follows: [...] | 3(a) - The oversight body is overtly political. |
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 independence. The oversight board are not paid - but they are clearly tied to government, so this does nothing to safeguard their independence. |
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 | The Board is composed of political and government figures. |
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 mention of this power. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | Partially | 1 | 4(b) The Board shall consider the complaints submitted thereto by the information requesters and resolve the same as per the instructions made for this purpose. | 4(b) - the law empowers the Board to resolve complaints - which would imply that their decisions are binding, but it is not really clear. |
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 | Partially | 1 | N/A | Again, not clear. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 17(a) The Higher Justice Court shall be appropriate to regard the information request rejection decision, provided that the requester should file the lawsuit against the Official in Charge within thirty (30) days as of the date following the expiry of the period given under this Law to have the request approved, rejected or refrained. | |
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 | No mention of fees, or the simplicity of the procedure. |
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 | 17(b) The Requester may file a complaint against the Official in Charge to the Board by the Information Commissioner in case of his/her rejection or the Official in Charge's refrainment from the provision of the information required within the legally fixed period. | 17(b) - refusals only. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 17(c) The Board shall make a decision concerning the complaint within thirty (30) days as of its date of submission, otherwise, the complaint shall be deemed rejected, which complaint shall cut the date of the challenged filed against the Official in Charge under paragraph (a) of this Article and the duration of challenge shall commence as of the date on which the complainer is informed of his/her complaint rejection or the expiry date of the duration for the decision of the Board on the complaint. | 17(c) - 30 day timeline and instructions adopted by Council on this. Fairly detailed procedures. |
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 | No mention of this. |
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 | 15 When the Director of the National Library department assumes the terms of reference of the Information Commissioner beside his/her base profession, his/her legal liability shall be limited to the information kept with his/her department. | Article 15 seems to hint at this, but its meaning is unclear and, even given a generous interpretation, fails to provide an acceptable standard of protection. |
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 | No - the responsibility is with the head of the department. They have the option of delegating this, but are under no obligation to do so. |
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 | 4(d) The Board shall issue bulletins and undertake appropriate activities to explain and enhance the right of knowledge and obtaining information culture. | 4(d) - The Information Board. |
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 | Partially | 1 | 14(a) Each department shall index and organize the information and documents as per professional and technical practices and classify the part thereof as confidential and protected according to the legislations in force within a period not exceeding three (3) months as of the date of their being gazetted. | But very general (14(a)). |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | N/A | Authorities are required to make these lists, but they are not public. |
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 | 4(e) The Board shall approve the annual report on the enforcement of the right of obtaining information submitted by the Information Commissioner and present the same to the Prime Minister. | 4(e) - Info Board presents an annual report to the PM but it is a secret document. |
