Kosovo
Name of law: Law on Access to Public Documents
First adopted: 2003
Last modified: 2019-05
RTI Rating last updated: 2020-11
First adopted: 2003
Last modified: 2019-05
RTI Rating last updated: 2020-11
Introduction
Kosovo's 2019 RTI law differs from the 2010 version in some aspects but still achieves the same respectable score. A welcome addition is a presumed right of access guaranteed to everyone without discrimination. The scope remains broad, although there is less-than-ideal coverage of government bodies. The requesting procedures are generally in line with international standards, although they are missing key elements such as the provision of a receipt after lodging a request. The system would also benefit from first-instance internal appeals. The exceptions are broadly in line with international standards but suffered partly because it is unclear whether secrecy laws trump the RTI law and partly due to lack of clarity around the harm test for exceptions. Kosovo does well on sanctions and protections, except for a lack of protection for good faith disclosures. The same is true for promotional measures but minimum standards for record keeping and legal obligations for public institutions to conduct training for their officials would increase the score here. The law is available here in Serbian and here in Albanian.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 24 | 30 |
| 3 | Requesting Procedures | 22 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 20 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 105 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Constitution 41(1) Every person enjoys the right of access to public documents. (2) Documents of public institutions and organs of state authorities are public, except for information that is limited by law due to privacy, business trade secrets or security classification. | Limitation for "security classification" too broad. |
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 | 1 This Law shall guarantee the right of every person, without discrimination on any grounds, to access public documents produced, received, maintained or controlled by public institutions, as well as the right to re-use the public sector documents. 10(1) Everyone has the right to access public documents upon request. | 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 | Partially | 1 | 4(1) Every person’s right to access public documents, and the guarantee and fulfilment of this right by public institutions, constitutes one of the foundations of democratic and transparent institutions. (4) The disclosure of data and transparency in the public sector serve to the public accountability in terms of social, economic and democratic development and advancement. | No mention of broad interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 1 This Law shall guarantee the right of every person, without discrimination on any grounds, to access public documents produced, received, maintained or controlled by public institutions, as well as the right to re-use the public sector documents. 3(1.7) Person – shall mean any natural or legal person, without discrimination on any grounds, asking for access to public documents under this Law. 4(5) The right to access public documents belongs to all persons in the same way and equally. Public institutions shall not favour one person in exercising the right to access public documents while disfavouring the others. 10(1) Everyone has the right to access public documents upon request. | |
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 | Article 3(1.2) Public Document – shall mean any act, fact or information, stored in electronic form or on sound, in print, in visual or audiovisual recordings produced or maintained by a public institution. (1.3) Information – shall mean, but is not limited to, data, pictures, drawings, videos, films, reports, acts, tables, projects, drafts or other annexes produced, received, maintained or controlled by public institutions, whether or not included in any public document, and regardless of the source, the time of creation, the place of deposit or storage, the media or the form in which it is stored, the name or public institution on behalf of which it is created or any other characteristics. | Full points given for extensive coverage of material. While the phrase 'produced or maintained by a public institution' is acceptable, even better practice would be to cover material that is 'held by or on behalf of public institutions'. |
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(2) Paragraph 1 does not constitute an obligation for the public institution to create or adapt public documents or provide summaries of information where this would involve disproportionate effort, going beyond a simple operation. On the same basis, public institutions cannot be required to continue the production and storage of a certain type of public document with a view to the re-use of the same by a person or public institution. 3(1.2) Public Document – shall mean any act, fact or information, stored in electronic form or on sound, in print, in visual or audiovisual recordings produced or maintained by a public institution; (1.3) Information – shall mean, but is not limited to, data, pictures, drawings, videos, films, reports, acts, tables, projects, drafts or other annexes produced, received, maintained or controlled by public institutions, whether or not included in any public document, and regardless of the source, the time of creation, the place of deposit or storage, the media or the form in which it is stored, the name or public institution on behalf of which it is created or any other characteristics. 10(1) Everyone has the right to access public documents upon request. | Requests can be made for public documents, but unclear if information can be requested. |
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 | 7 | 3(1.1) Public Institutions – shall mean the following state institutions and bodies: (1.1.1) Government and administration at central and local level; (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo. | Not clear if all parts of executive bodies or executive-controlled/owned bodies are covered, if those parts do not directly exercise admin authority, public functions, or operate by public funds. |
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 | 2 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.3). Law-making institutions in relation to their other activities. | Information from the legislature only covered if it does not pertain to lawmaking. |
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 | Partially | 3 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.5) Judicial institutions in relation to their activities. | It is unclear what is covered by 'their activities'. |
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 | 1 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.8) Public companies in which the state owns a majority of shares or which exercise a public function under sub-paragraph 1.1.3 of this Article. | Excludes some enterprises where the state owns a controlling portion of voting shares that does not amount to a simple majority. |
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 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo; (1.1.6) Independent institutions listed in, or established under Chapter XII of Constitution of the Republic of Kosovo. | Chapter XII of the Constitution cites specific independent institutions such as the ombudsperson and elections commission but also covers all independent agencies in general. 3(1.1.2) would appear to cover any oversight bodies that were not covered by the Constitution. |
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 | YES | 2 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 10(5) The applicant requesting a public document is not obliged to provide reasons for the use of public documents in order to access public documents. | |
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 | YES | 2 | 10(2) Requests for access to public documents shall be submitted in any manner which allows the public institution to identify whether it possesses the requested public document. | Full points awarded, although it could be clearer that only those details necessary for identification and delivery need to be furnished. |
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 | YES | 2 | 10(2) Requests for access to public documents shall be submitted in any manner which allows the public institution to identify whether it possesses the requested public document. (3) The request may be made in person, in writing, electronically or orally. As far as practicable, the request shall also contain the preferred form of the applicant to access to public documents. (9) Formalities for the requests shall not go beyond what is necessary and reasonable in order to process the request. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 10(6) If the request is not sufficiently accurate and does not enable the identification of the public document required, the public institution shall ask the applicant to clarify the request and may assist the applicant to do so. (8) Public institutions shall provide the persons with assistance on how and where to submit the requests for access to public documents. 11(5) The public institution shall assist the applicant, as far as possible and reasonable, to identify the requested document. | |
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 | Partially | 1 | 10(4) If the request is made orally, the official responsible for access to public documents shall compile the written request for further proceeding. If the request is made electronically, it shall be considered as a written request. | One point awarded because oral requests must be reduced to writing, which addresses some of the needs of illiterate and disabled persons. However, the statute does not specifically address special needs. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 11(3) If the public institution did not produce or receive, or does not maintain or control the requested public document and has knowledge of another public institution that produced, received, maintains or controls the concerned public document, it shall immediately, but not later than five (5) business days from the day of receipt of the request by the applicant, inform and direct the applicant to the respective public institution. (4) If the public institution did not produce or receive, nor maintains or controls the requested public document and has no knowledge of any other public institution that produced, received, maintains or controls the concerned public document, shall immediately, but no later than seven (7) business days from the day of receipt of the request by the applicant, inform and direct the applicant to the Agency, which is obliged to confirm whether and which public institution produced, received, maintains or controls the requested public document and immediately, but not later than seven (7) business days from the date of receipt of the application, notify the applicant thereof. | One point awarded for a system of referrals instead of full points for a system of transfers. |
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 | YES | 2 | 14(1) When the public institution allows access to a public document, the applicant shall have the right to choose the form of accessing such document. (2) Where a request for access contains a preferred access form, then the public institution is obliged to act in accordance with that preference. (3) A request may indicate the preferred forms of access to public documents and information, as follows: (3.1) an exact copy in print or other form of the requested public documents; (3.2) the opportunity to view public documents, whenever possible, by using the institution's own equipment; (3.3) the possibility of copying public documents using the applicant’s own equipment; (3.4) a written transcript of words contained in audio or visual form if it exists or is derived from an open meeting; (3.5) a transcript of the content of a printed, audio or visual recording, in the case where such a transcript exists, using equipment that is generally accessible to the public institution. (4) Where a public document is available in more than one language, access to the public document shall be granted in the preferred language of the applicant. (5) A public institution shall not necessarily be obliged to provide access to public documents in the form requested by the applicant in cases when this would: (5.1) interfere unreasonably with the effective operation of the public institution; (5.2) cause irreparable damage to the preservation, maintenance and inheritance of any public document; (5.3) constitute an obligation for the public institution to create or adapt public documents or provide summaries of information where this would involve disproportionate effort, going beyond a simple operation. | |
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 | 11(6) Requests for access to public documents or reuse of public documents shall be treated rapidly and according to the principle of objectivity and impartiality pursuant to the applicable Law on General Administrative Procedure. | One point awarded because while requests must be dealt with rapidly, that is not the same as a requirement that requests must be dealt with as soon as possible. |
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 | 12(1) The public institution shall, within seven (7) days from the date of recording the request, issue a decision to grant access to the requested document or render a justified decision for the full or partial refusal and inform the applicant of the right to request reconsideration of his request as well when and where to submit such request. (2) Where the requested public document is considered, on the basis of a reasonable assessment, necessary for the protection of the life or liberty of a person, the public institution shall be obliged to provide an answer within forty-eight (48) hours. | |
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 | 12(3) The public institution may extend the deadline set out under paragraph 1 of this Article for decision making on access to public documents to a maximum of fifteen (15) additional days if: (3.1) the document has to be searched within a large number of documents or outside the public institution; or (3.2) the same applicant requests, with a single application, a large number of public documents. (4) The public institution shall notify the applicant immediately of the progress and the reasons causing the extension of the deadline, but no later than eight (8) days after receiving the request. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned but a prohibition on cost is likely covered under separate administrative rules, given other cost rules in the 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 | Partially | 1 | 15(1) Consultation of public documents in the public institutions’ premises shall be granted free of charge, but does not exclude fees that can be imposed for related services rendered by libraries, archives and museums. (2) Costs for a copy of a public document may be charged to the applicant, which shall be reasonable and shall not exceed the real cost for production and the service of a copy. (3) Where charges are made by libraries, archives and museums, the total income from supplying and allowing reuse of public documents over the appropriate accounting period shall not exceed the cost or collection, production, reproduction, dissemination, preservation and rights clearance, together with a reasonable return on investment. (4) No fees shall be charged concerning requests for personal data. (5) Fees related to production and service of documents or a copy thereof shall be regulated by the sub-legal act issued by the respective Ministry of Finance and shall be unified for all public institutions. (6) In the case of standard charges for the re-use of public documents any applicable condition and the actual amount of those charges, including the calculation basis for such charges, shall be preestablished and published, through electronic means where possible and appropriate. | Costs are set centrally and are generally limited to reproduction and delivery. However, no pages are provided free of charge. |
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 | 1 This Law shall guarantee the right of every person, without discrimination on any grounds, to access public documents produced, received, maintained or controlled by public institutions, as well as the right to re-use the public sector documents. 2(2) Paragraph 1 does not constitute an obligation for the public institution to create or adapt public documents or provide summaries of information where this would involve disproportionate effort, going beyond a simple operation. On the same basis, public institutions cannot be required to continue the production and storage of a certain type of public document with a view to the re-use of the same by a person or public institution. 3(1.4) Open Data - shall mean the data produced, received, maintained or controlled by public institutions, which can be freely used, modified and distributed by any person, provided that they remain open and attributable to the source; 3(1.8) Re-use of Public Documents – shall mean the re-use by any person of the public documents for commercial and non-commercial purposes, other than the original purpose for which the public documents were produced. 4(3) Each person shall have the right to re-use public documents under the conditions and restrictions set forth in this Law. 8(1) When publishing open data, the public institutions shall be guided by the following principles: (1.1) open data shall be published based on the initiative of public institutions themselves, in due time, and in a comprehensive, accurate manner, and with high quality, without a request submitted by the interested parties; (1.2) open data shall be published in a way that they are accessible to all interested parties and in a form that enable their free and independent use; (1.3) open data shall enable comparison and interaction between them and shall be published in forms that enable people and technological devices to read them; (1.4) open data shall be published in order to improve governance and citizen engagement in governance. (2) Public institutions shall develop a line of actions that enable data disclosure by them and encourage citizens, civil society and the private sector to disclose their data. 9(1) Open data shall be published in a central open data portal which shall be developed and managed by the ministry responsible for public administration. 9(2) Open data shall be published in open format which enables its reading and modification without technological barriers, which can be read by technological devices and people, and which provides access to the entire data collection. 9(3) Open data shall be published with an open license, which allows free use and redistribution of data, including but not limited to selling, modifying and incorporating them into wider usages. (4) In order to access open data, users shall indicate the source of data as well as recognize intellectual property rights on other person's data and guarantee the integrity of the data. (5) Public institutions shall assign the responsible official, who shall serve, inter alia, as a liaison official for the publication of open data. (6) The relevant ministry of public administration shall assign a responsible official from the Information Society Agency to coordinate the actions for the publication of open data. 16(1) The re-use of documents shall be open to all potential actors in the market, even in cases when they already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies holding the documents and third parties shall not grant exclusive rights. (2) In cases when an exclusive right is necessary for the provision of a service in the public interest, such a right shall be reviewed every three (3) years. 24 Any person has the right to re-use public documents, either for commercial purposes or not, in compliance with the provisions and limitations set forth by this Law. 25 The provisions of Chapters III to V on requests for access to public documents, refusal of requests for access to public documents and on the complaints and legal remedies against the decisions rejecting the access, shall apply accordingly on requests for the re-use of public documents. 26(1) Public institutions shall make public documents accessible for re-use in any language and preexisting condition and, if possible, in an open and readable format by technological equipment, together with their data summaries. (2) Public institutions are not obliged to transform the format of documents or to continue to create, update the information, solely for the purpose of their re-use. (3) Public documents, in which libraries, including university libraries, museums and archives, have intellectual property rights, are permitted for re-use for commercial and non-commercial purposes, only if the re-use of such documents is permitted. (4) Public institutions shall be prohibited from making deals, which allow access for re-use on an exclusive basis. The right to re-use should be open to all potential market participants and prohibit discrimination against parties interested in access to re-use of public documents. (5) The right to re-use cannot be approved for public documents on which third parties hold intellectual property rights. | Extensive regime that establishes that re-use shall generally be free. Some conditions applied but are in line with better practice. |
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 | Partially | 2 | 2(1) This Law shall apply to all public documents produced, received, maintained, or controlled by public institutions, except in cases when it is limited otherwise by the legislation into force. (4) The application and access to classified documents shall be made in accordance with the relevant law on classification of information. 4(6) Restrictions on the right to access public documents shall be made only in limited and specific cases determined by the legislation into force. 17(5) The request for access to public documents may be refused: (5.1) if, regardless the assistance by the public institution, the application remains quite unclear to enable the identification of a document; (5.2) if the conditions and requirements from paragraphs 2 and 4 of this Article are met. | Unclear - RTI law appears to be trumped by other legislation in some cases but not in others. |
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 | 2(5) The provisions of this Law shall not apply: (5.1) to information classified, produced and maintained by international organizations or missions of other states; and (5.2) to the information classified by public institutions, originating or exchanged on the basis of a framework of cooperation with international organizations or other states. 17(2) Limitation of the right of access to public documents shall be exercised in accordance with the principle of proportionality pursuant to the applicable Law on General Administrative Procedure in accordance with this Law and only for the purpose of protection of: (2.1) life, health and public security; (2.2) national security, defense and international relations; (2.3) prevention, investigation and persecution of criminal activities in cases where the publication of public documents may damage the investigation process; (2.4) disciplinary investigations in cases when the publication of public documents may damage the disciplinary procedure; (2.5) inspection, control and supervision by public institutions in cases of handling classified information; (2.6) right to privacy and Right to erasure (‘right to be forgotten’); (2.7) commercial confidentiality such as business, professional or company secrets; (2.8) documents for which the public institution or third parties hold intellectual property rights; (2.9) state economic, monetary and exchange policies; (2.10) statistical confidentiality; (2.11) equality of parties in court procedure and efficient administration of justice; (2.12) the deliberations within or between the public institutions concerning the examination of an issue, which contains classified document. | Illegitimate exceptions include information produced or classified by international organizations or missions of other states, statistical confidentiality, the IP of public actors and the 'efficient' administration of justice. Vague exceptions include public security; inspection, control and supervision in cases of handling classified information; and deliberations between public institutions concerning classified documents. |
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 | Partially | 2 | 3(1.9) Damage and Public Interest Test – shall mean the legal test weighing the damage it would cause to a protected interest against the public interest for publication, to be carried out by public institutions before making a decision for rejecting to publish public documents on their own initiative and before making a decision to reject the requests for access to public documents, which shall be included in the justification of the decision on rejection. 17(1) Any applicant shall have the right to access public documents. Notwithstanding any paragraph of this Article, a public institution may not refuse to inform on whether it has a document in its possession or refuse access to a public document, unless it performs a damage and public interest test to determine whether the damage caused to the protected interest overrides the public interest in accessing that public document. (6) Prior to making a decision to completely or partially refuse access to public documents, in accordance with paragraph 2 of this Article, the public institution shall conduct a damage and public interest test in accordance with Article 18 of this Law. 18(1) Prior to making a decision to refuse a request for access to public documents in accordance with Article 17 of this Law, the public institution shall conduct a damage and public interest test. (2) Public institutions shall determine, on the basis of the damage and public interest test, if the interests protected by paragraph 2 of Article 17 override the public interest for publication of public documents. (3) The Agency shall, no later than six (6) months from the entry into force of this Law, adopt clear instructions for public institutions on the content and manner of conducting the damage and public interest test within the procedure of decision making and justifying decisions to refuse access to public documents pursuant to Article 17 of this Law. (4) If the request relates to any of the issues enumerated in Article 17 paragraph 3 of this Law, the public documents shall be made accessible without any test, unless otherwise provided by any other applicable law. | Only two points awarded because the statute only establishes a singular test - weighing damage with the public interest - instead of two separate tests, including a test for damage that should determine whether the exception is triggered at all. Only a few exceptions are explicitly harm-tested. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 3(1.9) Damage and Public Interest Test – shall mean the legal test weighing the damage it would cause to a protected interest against the public interest for publication, to be carried out by public institutions before making a decision for rejecting to publish public documents on their own initiative and before making a decision to reject the requests for access to public documents, which shall be included in the justification of the decision on rejection. 17(1) Any applicant shall have the right to access public documents. Notwithstanding any paragraph of this Article, a public institution may not refuse to inform on whether it has a document in its possession or refuse access to a public document, unless it performs a damage and public interest test to determine whether the damage caused to the protected interest overrides the public interest in accessing that public document. (3) Access to public documents shall always be granted if: (3.1) the public document requested is related to public money expenditures; (3.2) the public document relates to the discharge of public functions or employment relationships of public officials, except in cases where personal protected data is involved or when specified differently in the relevant laws; (3.3) the requested public document relates to the environment, waste, hazardous substances or information of environmental safety reports as provided for by the relevant environmental protection law. (6) Prior to making a decision to completely or partially refuse access to public documents, in accordance with paragraph 2 of this Article, the public institution shall conduct a damage and public interest test in accordance with Article 18 of this Law. 18(1) Prior to making a decision to refuse a request for access to public documents in accordance with Article 17 of this Law, the public institution shall conduct a damage and public interest test. (2) Public institutions shall determine, on the basis of the damage and public interest test, if the interests protected by paragraph 2 of Article 17 override the public interest for publication of public documents. (3) The Agency shall, no later than six (6) months from the entry into force of this Law, adopt clear instructions for public institutions on the content and manner of conducting the damage and public interest test within the procedure of decision making and justifying decisions to refuse access to public documents pursuant to Article 17 of this Law. (4) If the request relates to any of the issues enumerated in Article 17 paragraph 3 of this Law, the public documents shall be made accessible without any test, unless otherwise provided by any other applicable law. | Strong general public interest override that includes some hard overrides such as public funds or the environment. |
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 | 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 | 17(4) If only a part of a requested public document is covered by any of the exceptions listed in paragraph 2 of this Article, the remaining parts of the public document shall be released. | |
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 | 12(1) The public institution shall, within seven (7) days from the date of recording the request, issue a decision to grant access to the requested document or render a justified decision for the full or partial refusal and inform the applicant of the right to request reconsideration of his request as well when and where to submit such request. 17(7) The public institution completely or partially refusing access to a public document shall issue a decision on refusal stating the reasons for refusal and explaining how it conducted the test pursuant to Article 18 of this Law and how it reached the conclusion to refuse access according to paragraph 2 of this Article. (8) The decision shall be in writing and be submitted to the applicant personally, via registered mail or e-mail, if the applicant has used this method to request the public document and must contain the remedy that the applicant may use against the decision for refusal. | |
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 | 3(1.10) Agency – shall mean the Information and Privacy Agency, established under a special law on personal data protection; (1.11) Commissioner – an independent body within the Agency, appointed by the Assembly of Kosovo, who is responsible for ensuring the implementation of this Law and the Law on Protection of Personal Data; 20(1) If the public institution has completely or partially refused the request for access to public documents or in case of silence or non-response of the public institution, the applicant may address a complaint to the Agency within a time limit of fifteen (15) days from the receipt of the decision on refusal or decision for partial approval of the request for access. (2) The Agency shall communicate the complaint received to the public institution that has decided on the request for access, which shall within seven (7) days of receipt of the complaint issue a written response to the allegations raised by the complainant. 21(2) Each person has the right to address the Ombudsperson Institution with a request or a complaint, if they consider that any right acknowledged by this Law or other acts for access to public documents has been violated. | |
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 | Data Protection Law 29(1) The National Agency for the Protection of Personal Data is an independent agency in charge of supervising the implementation of data protection rules. Its members act independently in accordance with this Law and must not take any instructions from third parties. It shall respond to the Kosovo Assembly. 30(1) The Agency is presided by a Council consisting of the Chief State Supervisor and four (4) National Supervisors. (Hereinafter: the Supervisors). At least one of the Council members must have a university degree in law. Decisions of the Council shall be taken by simple majority. 30(2) The Chief State Supervisor shall represent the Agency, organize and coordinate its work. 31(2) The Chief State Supervisor shall be appointed by the National Assembly on the proposal of the Kosovo Government for a period of five (5) years and may be reappointed once. 34(1) The members of the Council may be released from their duties only in the following cases: (1.1) if they tender a statement of resignation to the Kosovo Assembly; (1.2) if they are convicted with a final decision of a criminal offence with prison of over six (6) months; (1.3) neglect of official duty; (1.4) if they cannot perform their duties for health or other important reasons for more than six (6) months; (1.5) if they become permanently incapable of performing their duties. (2) The members of the Council shall be released from their duties early and their position shall cease on the day the Kosovo Assembly determines the reasons from paragraph 1 of this Article. 35(1) In the performance of their tasks the members of the Council act in complete independence and are only bound by this Law, the Constitution and other relevant laws. They shall refrain from any action incompatible with their duties and cannot exercise any other occupation whether gainful or not. (2) The members of the Council shall closely work together and shall assist each other in the performance of their duties. | |
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 | 31(3) The Agency shall prepare a comprehensive report for the preceding year by the end of March of the current year for the period until 31 December of the previous year. (4) The Agency shall present the comprehensive report to the Assembly of Kosovo, together with other recommendations for measures and changes aiming to increase transparency and public access to public documents, until 31 March of the following year, for the previous year, regarding the implementation and respect of this Law. Report shall be made public after the approval by the Assembly of the Republic of Kosovo. (5) The Agency may draft periodical and thematic reports for the Assembly of Kosovo, public, public institutions, regarding important issues on the right to access to public documents. Data Protection Law 29(1) The National Agency for the Protection of Personal Data is an independent agency in charge of supervising the implementation of data protection rules. Its members act independently in accordance with this Law and must not take any instructions from third parties. It shall respond to the Kosovo Assembly. 37(1) The Agency has its own budget, administered independently in accordance with the law. 37(2) Funds for the work of the Agency shall be provided from the Kosovo Budget. The Budget of the Agency shall be determined by the Kosovo Assembly on the proposal of the Chief State Supervisor. | |
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 | Data Protection Law 31(1) The Chief State Supervisor may be appointed a person who has university education and five (5) years of professional working experience. 32(1) Persons who have university education and three (3) years of professional working experience may be appointed as National Supervisors. | There are requirements for professional expertise but no prohibitions on political connections. |
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 | Partially | 1 | Data Protection Law 29(2) The Agency shall in particular: (2.3) carry out inspections and audits. 46 The Agency may carry out inspections and audits on its own initiative to monitor the compliance with data protection rules. Within the framework of inspection powers the Agency shall: (1.1) monitor the legitimacy of data processing; (1.2) monitor the suitability of procedures and measures taken for the protection of personal data pursuant to this Law; (1.3) monitor the implementation of the provisions of this Law regulating the filing system catalogue, the register of filing systems and the recordings of the disclosures of personal data to recipients; (1.4) monitor the implementation of provisions regarding the transfer of personal data to other countries and international organizations. 48 In performing inspection and audits, the Supervisors shall be entitled: (1.1) to examine and confiscate any documentation relating to the processing of personal data, irrespective of their confidentiality or secrecy, and the transfer of personal data to other countries and international organizations as well as the disclosure to foreign recipients; (1.2) to examine the contents of filing systems, irrespective of their confidentiality or secrecy, and the filing system catalogues; (1.3) to examine and confiscate any documentation and instructions regulating the security of personal data; | The Agency has powers of inspection but its ability to review classified documentation is restricted to certain forms only, such as those documents that relate to the processing of personal data. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 20(6) The public institution is obliged to act pursuant to the decision of the Agency within seven (7) days. (10) In administrative procedure the Agency's decision is final which can only be challenged through a suit before the competent court of administrative matters. | |
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 | YES | 2 | 20(4) The Agency can fully approve the complaint and modify the decision of the public institution in such a way as to grant the applicant full access to all public documents requested, in accordance with the provisions of this Law. (5) The Agency may partially approve the complaint and modify the decision of the public institution in such a way as to allow the applicant partial access to public documents requested, in accordance with the provisions of this Law. (7) The Agency may refuse the complaint and uphold the decision of the public institution on refusal or partial approval of access to public documents. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 22 In the event of a full or partial rejection of the complaint by the Agency, in accordance with Article 20 of this Law, the applicant may file a suit before the competent court for administrative matters within thirty (30) days from the day of receipt of the final decision by the Agency. 23 In proceedings for realization of the right of access to public documents, the provisions of the Law on General Administrative Procedure of the Republic of Kosovo shall apply accordingly, unless otherwise defined by the provisions of this Law. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | N/A | Not mentioned but one point given since fees are unlikely to be charged. |
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 | 2 | 20(1) If the public institution has completely or partially refused the request for access to public documents or in case of silence or non-response of the public institution, the applicant may address a complaint to the Agency within a time limit of fifteen (15) days from the receipt of the decision on refusal or decision for partial approval of the request for access. | Only refusals and administrative silence can be appealed. |
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 | 20(1) If the public institution has completely or partially refused the request for access to public documents or in case of silence or non-response of the public institution, the applicant may address a complaint to the Agency within a time limit of fifteen (15) days from the receipt of the decision on refusal or decision for partial approval of the request for access. (2) The Agency shall communicate the complaint received to the public institution that has decided on the request for access, which shall within seven (7) days of receipt of the complaint issue a written response to the allegations raised by the complainant. (3) Upon receipt of the response by the public institution or in case of non-response, the Agency shall decide on the complaint within thirty (30) days. The Agency, by means of an internal act, shall decide on the procedure and the manner of decision within this institution. (8) In case of a full or partial refusal of the complaint, the Agency shall issue a decision that will contain the reasons for refusal of the complaint and the legal remedy that the applicant may employ against the decision on refusal of the complaint. (9) The decision must be in writing and must be submitted to the applicant personally, via registered mail or via electronic mail, if the applicant has used this method to submit the request for review. | |
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 | 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.1) monitor and report in relation to compliance and adherence of this Law by public institutions; (1.2) recommend changes and general and specific reforms addressed to a specific institution, in relation to the right of access to public documents. | The Agency can only recommend, not impose, structural reforms. |
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 | 32(1) The Agency is competent to impose fines against public institutions and responsible officers, in accordance with the provisions of this Law. (2) The financial means collected from the imposition of fines under Article 33 of this Law shall be deposited to the budget of the Republic of Kosovo. (3) Prior to imposing any of the fines provided under Article 33 of this Law, the Agency shall inform the public institution of the purpose and the reason for imposing the fine and shall provide a time limit of not less than seven (7) days to remedy the identified violation, so that the fine is not imposed. (4) In the procedure for imposing fines under this Law, the Agency shall act in accordance with the provisions of the relevant law governing the procedure for imposing fines by the Agency. (5) In case the public institution does not improve the identified violation according to the instructions of the Agency, the latter shall make a decision to impose the fine. 33(2) The institution or the responsible official of the competent public institution that allows the damaging, destruction, concealing, or in any way or form makes the public document unclear, with the purpose of disallowing the realization of the right of access to the public documents by the interested applicant shall be penalized according to the Criminal Code of the Republic of Kosovo. | |
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 | YES | 2 | 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.1) monitor and report in relation to compliance and adherence of this Law by public institutions; (1.2) recommend changes and general and specific reforms addressed to a specific institution, in relation to the right of access to public documents. 32(1) The Agency is competent to impose fines against public institutions and responsible officers, in accordance with the provisions of this Law. (2) The financial means collected from the imposition of fines under Article 33 of this Law shall be deposited to the budget of the Republic of Kosovo. (3) Prior to imposing any of the fines provided under Article 33 of this Law, the Agency shall inform the public institution of the purpose and the reason for imposing the fine and shall provide a time limit of not less than seven (7) days to remedy the identified violation, so that the fine is not imposed. (4) In the procedure for imposing fines under this Law, the Agency shall act in accordance with the provisions of the relevant law governing the procedure for imposing fines by the Agency. (5) In case the public institution does not improve the identified violation according to the instructions of the Agency, the latter shall make a decision to impose the fine. 33(1) The public institution which in contradiction to the provisions of this Law, disables, hinders or restricts the realization of the right of access to public documents, shall be fined from three thousand (3,000) to ten thousand (10,000) euro. (3) The public institution that fails to respond to the request for access to public documents shall be given a fine from one thousand (1,000) to three thousand (3,000) euro. | |
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 | YES | 2 | Law on Protection of Whistleblowers generally. In particular 5(1) Public interest reporting and disclosure is protected if it is related to the following: (1.1) an offence has been, is being or is likely to be committed; (1.2) a person has failed, is failing or is likely to fail to comply with any legal obligation; (1.3) a miscarriage of justice has occurred, is occurring or is likely to occur; (1.4) the health or safety of any individual has been, is being or is likely to be endangered; (1.5) the environment has been, is being or is likely to be damaged; (1.6) a misuse of official duty or authority, public money or resources of a public institution has occurred, is occurring or is likely to occur; (1.7) an act or omission by or on behalf of a public institution is discriminatory, oppressive, grossly negligent or constitutes serious mismanagement; or (1.8) information tending to show any matter falling within any of the preceding subparagraphs has been, is being or is likely to be concealed or destroyed. (2) Reporting or disclosure is presumed to be in public interest unless the contrary is proven. 6(1) Any action or omission aimed at preventing public interest reporting or disclosure is null and void and the responsible official or any other person in respective cases is criminally prosecuted according to criminal provisions into force in Kosovo. Any provision in an agreement is void in so far as it purports to: (2.1) prohibit or restrict the making of public interest reporting or disclosure; (2.2) exclude or limit the operation of any provision of this Law; (2.3) preclude a person from bringing any proceedings under or by virtue of this Law, or; (2.4) preclude a person from bringing any proceedings for breach of contract in respect of anything done in consequence of the making of a reporting or disclosure of information in public interest. 9(1) The whistleblower that reports and discloses information in compliance with the provisions of this Law can not be subject to criminal or civil liability or disciplinary procedures. (2) A whistleblower has the right to protection under this Law in cases when he/she: (2.1) reports or discloses information, as defined in this Law; (2.2) reasonably believes that the information reported or disclosed is true. (3) The whistleblower is not obliged to prove the good faith and authenticity of the whistleblowing information. (4) The protection guaranteed to the whistleblower under this Law should not be prejudiced if the alleged threat or damage to the public interest has not been materialised. | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(1) All public institutions shall appoint a unit or responsible person for access to public documents. | |
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 | 3(1.10) Agency – shall mean the Information and Privacy Agency, established under a special law on personal data protection. 27 The Agency is competent for monitoring and ensuring the implementation of this Law, for undertaking and imposing measures provided for by this Law, as well as promotion and training of public institutions in the implementation of this Law. 28 In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.1) monitor and report in relation to compliance and adherence of this Law by public institutions; (1.2) recommend changes and general and specific reforms addressed to a specific institution, in relation to the right of access to public documents; (1.3) cooperate with responsible institutions for organizing and holding trainings for public officials on access to public documents and on effective implementation of this Law; (1.4) publish the obligations of public institutions deriving from this Law and the rights of each person provided for by this Law; (1.5) undertake and impose any of the measures stipulated in this Law for the effective implementation of this Law. (2) The Agency is also competent to initiate the procedure for the declassification of classified documents based on the applicable law on classification of documents. | |
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 | YES | 2 | 21(1) The Ombudsperson Institution is an independent body, which shall assist citizens in realization of their right for access to public documents pursuant to Constitution, this Law and respective laws governing the scope and responsibilities of the Ombudsperson. 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.4) publish the obligations of public institutions deriving from this Law and the rights of each person provided for by this Law. 29(1) The Agency shall draft a simple and clear instruction, in each of the official languages and languages in use in the Republic of Kosovo, which will contain practical information on facilitating the exercise of rights provided for by this Law. The instruction shall be published and disseminated to all public institutions and will become accessible to the general public. 29(2) The Agency shall organize and hold conferences, seminars and trainings for responsible public officers, civil society and the general public to promote and facilitate access to public documents. 30(2.4) inform the public about the rights arising from this Law. | |
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 | 30(2) The public institutions shall take the necessary measures to: (2.3) manage their public documents, efficiently, so that they are easily accessible. | Some obligation for public authorities to manage their records, but there is no fully-fledged system. |
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 | 13(7) The archives office in each public institution shall maintain the register of public documents contained therein that are freely accessible to the public. This register shall be updated every three (3) months. | Obligation to publish lists of records is limited; only applies to archival unit (and not operational desks that hold active files) and to documents that are accessible instead of all documents held. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 27 The Agency is competent for monitoring and ensuring the implementation of this Law, for undertaking and imposing measures provided for by this Law, as well as promotion and training of public institutions in the implementation of this Law. 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.3) cooperate with responsible institutions for organizing and holding trainings for public officials on access to public documents and on effective implementation of this Law. 29(2) The Agency shall organize and hold conferences, seminars and trainings for responsible public officers, civil society and the general public to promote and facilitate access to public documents. | While the Agency can offer training, there are no legal obligations on public authorities to provide training. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | 13(6) The unit or official responsible for access to public documents shall prepare regular annual reports at latest on 31 January of the following year for the previous year and shall forward these reports to the Information and Privacy Agency, who shall prepare a comprehensive report of public institutions on implementation of the right of access to public documents. 31(1) In order to provide full transparency with regard to their work and access to public documents, the public institutions shall, through the official responsible for access to public documents, draft an annual report at the latest by the end of January of the current year for the period until December of the previous year, including the number of cases in which the public institution has granted access to documents, the number of cases in which the public institution denied access to documents, as well as reasons for such refusals. (2) Each public institution shall send the annual report on the previous year to the Agency. | Reports are to be sent to the Agency, but it is unclear if the reports will be made public. |
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 | 13(6) The unit or official responsible for access to public documents shall prepare regular annual reports at latest on 31 January of the following year for the previous year and shall forward these reports to the Information and Privacy Agency, who shall prepare a comprehensive report of public institutions on implementation of the right of access to public documents. 31(1) In order to provide full transparency with regard to their work and access to public documents, the public institutions shall, through the official responsible for access to public documents, draft an annual report at the latest by the end of January of the current year for the period until December of the previous year, including the number of cases in which the public institution has granted access to documents, the number of cases in which the public institution denied access to documents, as well as reasons for such refusals. (2) Each public institution shall send the annual report on the previous year to the Agency. |
