Lebanon
Name of law: Right to Access information Law
First adopted: 2017
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2017
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Although the Lebanese RTI law is rather new, it is relatively weak overall, especially taking into account its very strong score in terms of scope (meaning that other categories perform poorly). In terms of procedures, there are limited obligations to assist requesters, no obligation to transfer requests which arrive at the wrong public authority or to respond as soon as possible, and strict limitations on re-use of the requested information. Several exceptions are not legitimate and/or not harm-tested, there is no public interest override and secrecy laws are preserved. Of particular concern is the system of appeals, with external appeals going to a so-called Anti-Corruption Body, which has yet to be established. There is no provision at all for either sanction or protections, although the law does reasonably well in terms of promotional measures.The law is also available in its Arabic original here.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 14 | 30 |
| 4 | Exceptions & Refusal | 7 | 30 |
| 5 | Appeals | 12 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 11 | 16 |
| ∑ = 72 | ∑ = 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 | YES | 2 | Article 1: The beneficiaries of this law: Every person, natural or legal, shall have the right to access and view the information and documents in the administration in accordance with the provisions of this law, bearing in mind that the right should not be abused. | |
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 | No statement of benefits and no rule on interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Article 1: The beneficiaries of this law: Every person, natural or legal, shall have the right to access and view the information and documents in the administration in accordance with the provisions of this law, bearing in mind that the right should not be abused. | |
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: Administrative documents: A – For the purposes of this law, “administrative documents” are written documents, electronic documents, audio and visual recordings, images, and all machine-readable documents, whatever their form or specifications may be, held by the administration. B – Administrative documents include but are not limited to: 1 – Files, reports, studies, records, and statistics. 2 – Orders, instructions, directives, circulars, memorandums, correspondences, opinions, and decisions issued by the administration. 3 – Contracts concluded by the administration. 4 – National Archives documents. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Article 1: The beneficiaries of this law: Every person, natural or legal, shall have the right to access and view the information and documents in the administration in accordance with the provisions of this law, bearing in mind that the right should not be abused. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 1 – The state and its public administrations. 2 – Public institutions. 3 – Independent administrative bodies. 4 – The courts and the bodies and councils of a judicial or arbitrational nature, both regular and exceptional, including the juridical, administrative, and financial courts but not the denominational courts. 5 – The municipalities and municipality federations. 6 – Private establishments and companies tasked with administrating a public utility or property. 7 – Mixed companies. 8 – Public benefit institutions. 9 – All public law persons. 10 – Bodies that regulate sectors, particularly the Petroleum Administration, the Sovereign Fund, and other 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 | 3 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 2 – Public institutions. 5 – The municipalities and municipality federations. 8 – Public benefit institutions. 9 – All public law persons. | |
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 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 2 – Public institutions. 4 – The courts and the bodies and councils of a judicial or arbitrational nature, both regular and exceptional, including the juridical, administrative, and financial courts but not the denominational courts. | Some courts excluded. |
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 | Partially | 1 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 6 – Private establishments and companies tasked with administrating a public utility or property. 7 – Mixed companies. 9 – All public law persons. | Not clear if this covers all State-owned enterprises. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 1 – The state and its public administrations. 2 – Public institutions. 3 – Independent administrative bodies. 9 – All public law persons. 10 – Bodies that regulate sectors, particularly the Petroleum Administration, the Sovereign Fund, and other funds. | |
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 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 6 – Private establishments and companies tasked with administrating a public utility or property. 8 – Public benefit institutions. | Not clear if private institutions receiving public funds are covered. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 14: Submitting the request: A – The request to obtain information shall be submitted in writing to the administration possessing the information. Said request shall include sufficient details to enable the appointed employee to retrieve the information with little effort. B – The person submitting the request shall adopt an elected place of residence of which he shall inform the administration upon submitting the request. D – If the request was not sufficiently precise, the appointed employee shall ask the person who submitted it for the necessary clarifications and shall assist him by all means available. | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly not required. |
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 | Article 14: Submitting the request: A – The request to obtain information shall be submitted in writing to the administration possessing the information. Said request shall include sufficient details to enable the appointed employee to retrieve the information with little effort. B – The person submitting the request shall adopt an elected place of residence of which he shall inform the administration upon submitting the request. D – If the request was not sufficiently precise, the appointed employee shall ask the person who submitted it for the necessary clarifications and shall assist him by all means available. | Not ideal to be required to have an elected place of residence but at least it is not an actual address. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | Article 14: Submitting the request: A – The request to obtain information shall be submitted in writing to the administration possessing the information. Said request shall include sufficient details to enable the appointed employee to retrieve the information with little effort. B – The person submitting the request shall adopt an elected place of residence of which he shall inform the administration upon submitting the request. | No reference to different means of communication. |
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 | Article 14: Submitting the request: D – If the request was not sufficiently precise, the appointed employee shall ask the person who submitted it for the necessary clarifications and shall assist him by all means available. | |
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 | No special provision for providing assistance to disabled requesters. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | Article 14: Submitting the request: C – The appointed employee shall develop a registry of the requests submitted and shall, upon receiving the request, give the person who submitted the request a notification stating the date that the request was submitted, the type of information requested, and the timeframe needed to respond to the request. | No time limit. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | Article 18: The means of accessing administrative documents: A – Access to administrative documents shall occur for free at their location unless that is not possible for reasons related to the physical preservation of the document. B – Acquisition of a copy of the requested document by the person concerned shall occur at his own expense. However, the expense shall not exceed the cost of reproduction or photocopying or the cost stipulated by law. If the document is electronic or an audio or visual recording, the person concerned may request, at his own expense, a printed copy or an audio, visual, or electronic recording of it. The electronic document may be emailed for free to the person concerned. | Not very clear. |
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 | YES | 2 | Article 16: Timeframes for responding: The appointed employee shall respond to the request within fifteen days of its submission. This period may be extended once for a period not exceeding fifteen days if the request encompasses a large amount of information or if accessing the information requires consulting a third party or another administration. A lack of response during said period shall be considered a tacit denial of the request. | Not entirely clear if the 15 days are calendar days or working 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 | Partially | 1 | Article 16: Timeframes for responding: The appointed employee shall respond to the request within fifteen days of its submission. This period may be extended once for a period not exceeding fifteen days if the request encompasses a large amount of information or if accessing the information requires consulting a third party or another administration. A lack of response during said period shall be considered a tacit denial of the request. | Extensions are capped at 15 days, but no requirement for notification or an explanation. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Article 18: The means of accessing administrative documents: A – Access to administrative documents shall occur for free at their location unless that is not possible for reasons related to the physical preservation of the document. B – Acquisition of a copy of the requested document by the person concerned shall occur at his own expense. However, the expense shall not exceed the cost of reproduction or photocopying or the cost stipulated by law. If the document is electronic or an audio or visual recording, the person concerned may request, at his own expense, a printed copy or an audio, visual, or electronic recording of it. The electronic document may be emailed for free to the person concerned. | This is not specifically mentioned, but seems suggested by the fact that inspection and email versions of the information are free. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | Article 18: The means of accessing administrative documents: A – Access to administrative documents shall occur for free at their location unless that is not possible for reasons related to the physical preservation of the document. B – Acquisition of a copy of the requested document by the person concerned shall occur at his own expense. However, the expense shall not exceed the cost of reproduction or photocopying or the cost stipulated by law. If the document is electronic or an audio or visual recording, the person concerned may request, at his own expense, a printed copy or an audio, visual, or electronic recording of it. The electronic document may be emailed for free to the person concerned. | No provision for centrally set fees and no free pages. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 17: Acceptance of the request for access: If the request is approved, the appointed employee shall enable the requester to obtain the information that he specified in his request. In the case that the request asked for access to more than one piece of information, the appointed employee may allow the requester to access part of the information if the rest falls within the scope of the exceptions stipulated in this law, without prejudice to intellectual property rights. Article 20: Reusing information: The right to access information does not entitle its beneficiaries or other persons to convey, publish, or use the accessed documents for commercial purposes unless said documents are compiled into collections of information whose content selection or arrangement constitutes an innovation under Article 3 of Law no. 75 of 3/4/1999 (On the Protection of Literary and Artistic Property), provided that said documents contain no personal information and without prejudice to intellectual property rights. The above shall be under pain of halting the infringer’s activity and fining him no less than double the material gain obtained. | Strict limits on reuse. |
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 | Article 5: Documents that may not be accessed: A – There shall be no access to information pertaining to: ... 5 – Secrets protected by law, such as professional or trade secrets. Article 24: Texts that contradict this law: All texts that contradict this law or are incompatible with its content are repealed. | There is an override clause, but also an exception allowing for classification of information contrary to law, which would dominate because that would not 'contradict' the law. |
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 | 6 | Article 5: Documents that may not be accessed: A – There shall be no access to information pertaining to: 1 – National defense, national security, or general security secrets. 2 – The management of the state’s confidential foreign relations. 3 – Anything that undermines the state’s financial or economic interests or the security of the national currency. 4 – Individuals’ private lives or their mental and physical health. 5 – Secrets protected by law, such as professional or trade secrets. B – The following documents shall not be accessible: 1 – The facts of investigations before their recital in a public hearing and the facts of secret trials and juvenile and personal status trials. 2 – The minutes of confidential sittings of Parliament or its committees, unless otherwise decided. 3 – The Council of Ministers’ deliberations and the decisions that it renders confidential. 4 – Preparatory documents and unfinished administrative documents. 5 – Opinions issued by the State Shura Council, except by the persons concerned in the context of a judicial review. | Although most of the exceptions are related to legitimate interests, a few are problematic. 5.A.1 - general security secrets is massively overbroad; 5.A.3 on undermining economic interests; 5.B.4 on preparatory documents; and 5.B.5, connected with the State Shura Council, also does not connect to a recognised interest. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | Article 5: Documents that may not be accessed: A – There shall be no access to information pertaining to: 1 – National defense, national security, or general security secrets. 2 – The management of the state’s confidential foreign relations. 3 – Anything that undermines the state’s financial or economic interests or the security of the national currency. 4 – Individuals’ private lives or their mental and physical health. 5 – Secrets protected by law, such as professional or trade secrets. B – The following documents shall not be accessible: 1 – The facts of investigations before their recital in a public hearing and the facts of secret trials and juvenile and personal status trials. 2 – The minutes of confidential sittings of Parliament or its committees, unless otherwise decided. 3 – The Council of Ministers’ deliberations and the decisions that it renders confidential. 4 – Preparatory documents and unfinished administrative documents. 5 – Opinions issued by the State Shura Council, except by the persons concerned in the context of a judicial review. | Many of the listed exceptions are not harm tested, namely: 5.A.2, 5.A.4, 5.B.1, 5.B.2, 5.B.3 |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | 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 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | Article 10: The right to access the reasons for administrative decisions: Natural or legal persons shall have the right to access the reasons that prompted the administration to take non-regulatory administrative decisions that affect their rights. Article 11: Explanation conditions: The administration shall explain non-regulatory administrative decisions, under pain of invalidation, in the following manner: 1 – The explanation shall be in writing. 2 – It shall include the legal and factual grounds for the decision. 3 – It shall be signed by the authority that issued it and it shall include the signer’s name and the date of signature. Article 12: Exemption from explanation: A – The administration is exempt from the duty to explain non-regulatory administrative decisions in the following cases: 1 – During a state of emergency. 2 – Exceptional circumstances wherein there is a constant threat to the functioning of the institutions. 3 – National defense, national security, or general security secrets. 4 – The management of the state’s confidential foreign relations. 5 – Anything that undermines the state’s financial or economic interests or the security of the national currency. 6 – Individuals’ private lives or their mental and physical health. 7 – Secrets protected by law, such as professional or trade secrets. B – If the grounds for exempting the administration from providing explanation cease to exist or in the case of a tacit decision to deny, the person concerned shall have the right to, within the time-frame for judicial review, request to view the grounds for the decision. The authority concerned shall inform him of them in writing and without delay. – If the administration remains silent about the request for two months, said silence shall be considered a tacit decision to deny appealable before the State Shura Council. Article 19: Denying access to information: A – Decisions to deny access to information shall be in writing and explained. B – The administration shall convey the explicit decision to deny access to information to the person concerned. Said person may, within a two-month time-frame, have recourse to the independent administrative body stipulated in the law establishing the National Anti- Corruption Body. C – Tacit denial of access to a certain document shall be appealable in accordance with the procedures mentioned in the previous paragraph. | There is a requirement for justification, but this is undermined by provisions in 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 | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: 1 – Receive complaints pertaining to the application of this law, investigate them, and issue decisions on them in accordance with Article 23 of this law. 2 – Provide advice to the relevant authorities regarding any issue related to the application of this law. 3 – Produce an annual report including, in particular, the significant difficulties facing people’s access to information with respect to the various categories of documents, as well as specific reports on important topics where necessary. Said reports shall be published in accordance with Article 9 of this law. 4 – Help educate citizens and raise their awareness of the importance of the right to access information and the procedures for exercising it, and contribute to the training of employees and officials in the administration on the means and importance of enabling individuals to obtain information. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Although the law specifies that appeals lie with the Anti-Corruption Body, the government has yet to pass legislation creating that body. In the interim, no points are awarded here. |
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 | Although the law specifies that appeals lie with the Anti-Corruption Body, the government has yet to pass legislation creating that body. In the interim, no points are awarded here. |
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 | Although the law specifies that appeals lie with the Anti-Corruption Body, the government has yet to pass legislation creating that body. In the interim, no points are awarded here. |
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 | Although the law specifies that appeals lie with the Anti-Corruption Body, the government has yet to pass legislation creating that body. In the interim, no points are awarded here. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Article 23: The body’s decisions: A – The administrative body shall, within two months of the submission of the complaint, issue a binding decision either approving the delivery of the document or denying it. It shall immediately convey said decision to the administration concerned. B – The body’s decisions shall be appealable before the State Shura Council, which shall apply summary procedures in this regard. | |
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 | Article 23: The body’s decisions: A – The administrative body shall, within two months of the submission of the complaint, issue a binding decision either approving the delivery of the document or denying it. It shall immediately convey said decision to the administration concerned. B – The body’s decisions shall be appealable before the State Shura Council, which shall apply summary procedures in this regard. | Refers to giving access to the document, but not to other remedies. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 23: The body’s decisions: B – The body’s decisions shall be appealable before the State Shura Council, which shall apply summary procedures in this regard. | |
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 | There is no information regarding how this will work for the Anti-Corruption Body. Our information is that appeals to the State Shura Council are not free and require a lawyer: http://www.arabruleoflaw.org/files/pdf/judiciary/english/p2/lebanon_finalreportp2s2_en.pdf. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: 1 – Receive complaints pertaining to the application of this law, investigate them, and issue decisions on them in accordance with Article 23 of this law. | The provision on appeals seems to apply fairly broadly. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | The Anti-Corruption Body is required to rule within two months, though there are no procedures beyond this. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | |
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 | |
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 | |
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 | Nothing in the law. A draft whisteblower protection law has been under consideration, but has not yet been passed. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 15: The information employee: In each administration, an employee shall be appointed to examine the requests to obtain information. He shall have the necessary powers to find and access the information requested and deliver it to citizens. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: ... 4 – Help educate citizens and raise their awareness of the importance of the right to access information and the procedures for exercising it, and contribute to the training of employees and officials in the administration on the means and importance of enabling individuals to obtain information. | |
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 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: ... 4 – Help educate citizens and raise their awareness of the importance of the right to access information and the procedures for exercising it, and contribute to the training of employees and officials in the administration on the means and importance of enabling individuals to obtain information. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 13: Facilitating the process of accessing registers: The administration shall keep the information it possesses organized and in an arrangement that allows the appointed employee to retrieve it easily. The administration shall store the information electronically wherever possible. | There are record management standards, but no centrally set standard or enforcement. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: ... 4 – Help educate citizens and raise their awareness of the importance of the right to access information and the procedures for exercising it, and contribute to the training of employees and officials in the administration on the means and importance of enabling individuals to obtain information. | The oversight body can contribute to training; however, there is no obligation on public authorities to provide it. |
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 | Article 8: Annual reports: A – The competent hierarchical head in each administration shall produce an annual report on its activities. B – Regarding the judiciary, the annual report shall be developed by the body responsible for overseeing each of the juridical, administrative, financial, doctrinal, spiritual, and Sharia branches (such as the Supreme Judicial Council or the Bureau of the State Shura Council). The juridical judiciary’s report shall include the situation of the exceptional courts. C – The annual reports shall include at least the following: 1 – Information about the administration’s working mechanism, including expenses, objectives, rules, accomplishments, difficulties that faced workflow, and audited accounts. 2 – The general policy and the projects of the administration concerned, both those that were implemented and those that were not and the reasons why, and any proposals that help improve the administration’s work. | There is a reporting requirement, but nothing specific regarding implementation of RTI. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: ... 3 – Produce an annual report including, in particular, the significant difficulties facing people’s access to information with respect to the various categories of documents, as well as specific reports on important topics where necessary. Said reports shall be published in accordance with Article 9 of this law. |
