By Indicator detail

Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.

Country

Description

Scoring instructions

Max score

Finding

Points

Article

Comments

Afghanistan

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.

YES

Constitution 50. The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law. This rights has no limits except violation of the rights of the others and public security.

Albania

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.

YES

Article 23 of Albanian Constitution:1. The right to information is guaranteed. 2. Everyone has the right, in compliance with law, to obtain information about the activity of state organs, and of persons who exercise state functions.

Link to constitution (English version) here Link to Albanian Constitution - Official version (in Albanian) here

Argentina

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.

YES

N/A

Acordada de la Corte Suprema de Justicia de la Nación No. 1/2004 Exp. 315/2004 Adm. Gral.

Armenia

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.

YES

Article 51: The Right to Receive Information 1. Everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities. 2. The right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others. 3. The procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law.

Austria

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.

YES

Federal Constitutional Act - B-VG, 22a. (2) Everyone has the right of access to information vis-à-vis the bodies entrusted with the conduct of federal or provincial administration business. This shall not apply insofar as its secrecy is necessary for compelling reasons of integration or foreign policy, in the interests of national security, comprehensive national defense or the maintenance of public order and security, for the preparation of a decision, for the prevention of significant economic or financial damage to a territorial authority or other self-governing body or for the protection of overriding legitimate interests of another and unless otherwise provided by law...

Belgium

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.

YES

Article 32 of the Constitution was amended in 1993 to include a right of access to documents held by the government: "Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by the laws, decrees, or rulings referred to in Article 134."

The Constitution of Belgium (English version) can be found here.

Brazil

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.

YES

Article 14 of Brazilian Constitution: access to information is assured to everyone, protecting the confidentiality of sources when necessary for professional activity; Article 33: all persons have the right to receive from public agencies information in their private interest or of collective or general interest; such information shall be furnished within the period established by law, under penalty of liability, except for information whose secrecy is essential to the security of society and of the National Government

Secrecy exception potentially problematic but two points still given.

Chile

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.

YES

The Constitutional Tribunal found that the right to information was protected by the constitution's free expression provision in the case of Casas Cordero and Others v. National Customs Service.

Link to the Constitution of Chile (English version) can be found here.

Croatia

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.

YES

Article 38 Constitution: "The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law."

Link to the Constitution of Croatia (English version) can be found here.

Ecuador

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.

YES

Article 18: All persons, whether individually or collectively, have the right to: 1. Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility. 2. Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information. Article 91. The petition for access to public information shall be aimed at guaranteeing access to this information, when this information has been denied expressly or tacitly or when the information provided is incomplete or not trustworthy. It can be filed even if the denial to provide information is based on the secret, reserved, confidential nature of the information or any other classification. The reserved nature of the information must be stated prior to the petition by a competent authority and in accordance with the law.

English (https://pdba.georgetown.edu/Constitutions/Ecuador/english08.html); Spanish (https://www.oas.org/juridico/pdfs/mesicic4_ecu_const.pdf)

Fiji

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.

YES

Article 25. (1) Every person has the right of access to - (a) information held by any public office; and (b) information held by another person and required for the exercise or protection of any legal right. (3) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1), and may regulate the procedure under which information held by a public office may be made available. Article 150. A written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the Government and its agencies.

Articles from the Constitution.

Finland

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.

YES

[Constitution of Finland] Section 12, para. 2: Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.

"Compelling reasons" is not as clear as would be desired, but this is still enough of a constraint on laws creating exceptions to allow for 2 points. Link to the Constitution of Finland here.

France

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.

YES

The Conseil d'Etat has affirmed in two cases that the right of access to administrative documents is a "fundamental guarantee, accorded to citizens for the exercise of their public liberties in the sense of Article 34 of the Constitution of France." [70] Article 34 reads in relevant part: "Statutes shall determine the rules concerning 'civic rights and the fundamental guarantees granted to citizens for the exercise of their public liberties '". The full statement by the Conseil d'Etat, in Case No. # 237203, paragraph 6, reads as follows: "Considérant que la définition des modalités concrètes de communication de documents administratifs ne met en cause ni le principe ni l'étendue du droit d'accès aux documents administratifs, qui constitue une garantie fondamentale accordée aux citoyens pour l'exercice des libertés publiques au sens de l'article 34 de la Constitution ; que le pouvoir réglementaire était donc compétent, dans le silence de la loi du 17 juillet 1978, pour d'écider que les frais d'acheminement postal des copies de documents administratifs seraient mis à la charge du demandeur".

Seems to be a reference from a local source and seems to warrant the full 2 points. Link to the Constitution of France (French version) here. Link to the Constitution of France (pdf, English version) here.

Georgia

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.

YES

18. (2) Everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings. (3) The information contained in official records pertaining to an individual’s health, finances or other personal matters shall not be made available to anyone without the consent of the individual, except as provided for by law and as is necessary to ensure national security or public safety, or to protect public interests and health or the rights of others.

Link to the Constitution of Georgia (In English) here.

Ghana

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.

YES

Constitution of the Republic of Ghana: 21(1) All persons shall have the right to (f) information, subject to such qualifications and laws as are necessary in a democratic society;

Has been interpreted by the courts as clearly covering a right to information. Link to the Constitution available here.

Greece

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.

YES

[The Constitution of Greece] Article 5(A)(1) All persons have the right to information, as specified by law. Restrictions to this right may be imposed by the law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. (2) All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9(A) and 19.

Could be clearer on establishing a right to access public information but benefit of doubt given. Link to the Constitution of Greece (English, French and German versions) here.

India

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.

YES

Right to information has been recognized as constitutional by the Indian Supreme Court on numerous occasions.

Link to the Constitution of India (pdf, English version) here.

Ivory Coast

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.

YES

Constitution, 18: Citizens have the right to information and access to public documents, under the conditions prescribed by law.

RTI protected

Japan

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.

YES

Constitution of Japan
21 Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Japan's Supreme Court found a right to information within the constitutional right to free expression in the case of Kaneko v. Japan.

Kenya

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.

YES

[Constitution] Article 35(1) Every citizen has the right of access to - (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person. (3) The State shall publish and publicise any important information affecting the nation.

Kyrgyzstan

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.

YES

Constitution, 33(3). Everyone shall have the right to obtain information on the activity of state authorities, local government bodies as well as officials thereof, legal entities with the participation of state authorities and local government bodies as well as organizations financed from the national and local budgets. (4) Everyone shall be guaranteed access to information in the possession of state authorities, local government bodies as well as officials thereof. The regulations of providing information shall be envisaged in the law.

Mexico

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.

YES

Art. 6 of the MX Constitution establishes the principles of the RTI, within the Constitutional chapter of "Garantias Individuales", i.e. "Fundamental rights".

Mongolia

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.

YES

Constitution Art 16.17 The citizens of Mongolia are enjoying the following rights and freedoms: The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law.

Link to translation 1 and translation 2.

Montenegro

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.

YES

Constitution Article 51 "Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy."

Link to constitution (English version) here

Morocco

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.

YES

27. Les citoyennes et les citoyens ont le droit d’accéder à l’information détenue par l’administration publique, les institutions élues et les organismes investis d’une mission de service public. Le droit à l’information ne peut être limité que par la loi, dans le but d’assurer la protection de tout ce qui concerne la défense nationale, la sûreté intérieure et extérieure de l’État, ainsi que la vie privée des personnes, de prévenir l’atteinte aux droits et libertés énoncés dans la présente Constitution et de protéger des sources et des domaines expressément déterminés par la loi.

Article 27 of the Constitution available here

Mozambique

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.

YES

Constitution of the Republic of Mozambique Article 48 Freedom of Expression and Information 1. All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information. 6. The exercise of the rights and freedoms provided for in this article shall be governed by law on the basis of the imperative respect for the Constitution and for the dignity of the human person.

English; Portuguese.

Niger

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.

YES

Article 31: Any person has the right to be informed and to [have] access to the information held by the public services within the conditions determined by the law. Article 100: The Law determines the fundamental principles: … of the protection of the freedom of the press and of the access to public information and to administrative documents;

Norway

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.

YES

Constitution of Norway, Article 100, Paragraph 4. "Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons."

Link to the Constitution of Norway (English version) here

Pakistan

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.

YES

19A. Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

Palau

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.

YES

Article IV, Section 12: "A citizen has the right to examine any government document and to observe the official deliberations of any agency of government."

Of the constitution. A bit limited because refers to documents but full points given.

Peru

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.

YES

2 Every person has the right: (...) 5. To request, without statement of a cause, information he requires, and to receive it from any public entity within the legal term, at its respective cost. Exception is hereby made of information affecting personal privacy and that expressly excluded by the law or for reasons of national security. Bank secrecy and the confidentiality of tax filings may be lifted by the request of a judge, the Prosecutor General, or a congressional investigative committee, in accordance with the law and provided that such information refers to a case under investigation.

Philippines

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.

YES

Constitution Art III, Section 7: The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Courts have interpreted this broadly.

Poland

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.

YES

Constitution Article 61(1): A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. (2)The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings. (3)Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State. (4)The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.

Constitution of Poland available in English here.

Portugal

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.

YES

Article 268 (1989 Constitution): (1) Citizens shall possess the right to be informed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them. (2) Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privacy, citizens shall also possess the right of access to administrative files and records. (3) Administrative acts shall be subject to notification to the interested parties in the form laid down by law, and when they affect rights or interests that are protected by law, shall be based on express grounds that can be accessed by the parties. (4) Citizens shall be guaranteed effective judicial oversight of those of their rights and interests that are protected by law, particularly including the recognition of the said rights and interests, the impugnation of any administrative act that harms their rights and interests, regardless of its form, the issue of positive rulings requiring the practise of administrative acts that are due by law, and the issue of adequate injunctions. (5) Citizens shall also possess the right to challenge administrative rules which possess external force and which harm any of their rights or interests that are protected by law. (6) For the purposes of (1) and (2) above the law shall lay down a maximum time limit for responses by the Administration.

Only right of citizens to access administrative files and records -- somewhat limited, but for the purposes of this indicator enough for 2 points. Link to Constitution of Portugal (English version) here.

Republic of Belarus

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.

YES

Article 34 of the Constitution states: Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment. State bodies, public associations and officials shall afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests. The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights.

The Constitution states that citizens have the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment

Romania

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.

YES

Chapter II, Article 31: (Right to information): A person's right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security.

Authorities obliged to provide correct information but could be clearer that there is a right to information held by public authorities, but benefit of doubt given. Constitution of Romania is available in English here.

Serbia

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.

YES

Constitution of Serbia 51 ...Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.

Link to constitution (English version)

Seychelles

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.

YES

28. (1) The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate. (2) The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society including− (a) for the protection of national security; (b) for the prevention and detection of crime and the enforcement of law; (c) for the compliance with an order of a court or in accordance with a legal privilege; (d) for the protection of the privacy or rights or freedoms of others; (3) The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise. (4) The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.

South Africa

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.

YES

32(1) Everyone has the right of access to- (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

Link to Constitution

South Korea

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.

YES

Constitutional Court - Forests Survey Inspection Request case.

South Sudan

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.

YES

32. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person.

Sri Lanka

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.

YES

14A . (1) Every citizen shall have the right of access to any information as provided for by law, being information that is required for the exercise or protection of a citizens right held by:- (a ) the State, a Ministry or any Government Department or any statutory body established or created by or under any law; (b ) any Ministry of a Minster of the Board of Ministers of a Province or any Department or any statutory body established or created by a statute of a Provincial Council; (c ) any local authority; and (d ) any other person, who is in possession of such information relating to any institution referred to in sub-paragraphs (a ) (b ) or (c ) of this paragraph. (2) No restrictions shall be placed on the right declared and recognized by this Article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, prevention of contempt of court, protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary. (3) In this Article, citizen includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens.

Sweden

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.

YES

CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 1: "Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information."

The CONSTITUTION of Sweden is compounded by the Four Fundamental Laws. They contain the basic rules for political decision-making in Sweden.The four fundamental laws are the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The right of free access to official documents is contained in the Freedom of the Press Act. Link to the Freedom of the Press Act <a href="http://www.riksdagen.se/en/How-the-Riksdag-works/Democracy/The-Constitution/The-Freedom-of-the-Press-Act/">here</a>

Thailand

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.

YES

Constitution of Thailand (2017). 41 A person and community shall have the right to: 1. be informed and have access to public data or information in possession of a State agency as provided by law; 2. present a petition to a State agency and be informed of the result of its consideration in due time; 3. take legal action against a State agency as a result of an act or omission of a government official, official or employee of the State agency. 59 The State shall disclose any public data or information in the possession of a State agency, which is not related to the security of the State or government confidentiality as provided by law, and shall ensure that the public can conveniently access such data or information.

Turkey

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.

YES

Article 74: Everyone has the right to obtain information and appeal to the Ombudsperson.

Link to constitution (English version) here.

Uganda

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.

YES

Constitution of the Republic of Uganda, 1995 41 Right of access to information. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. (2) Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.

Ukraine

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.

YES

National Constitution Article 34 guarantees the right to information in the following terms: \"Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice. The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.\"

\"Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.\" Link to constitution (English version) http://www.president.gov.ua/en/content/constitution.html

Zimbabwe

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.

YES

62. 1. Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. 2. Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right. 3. Every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any institution or agency of the government at any level, and which relates to that person. 4. Legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.

Of the 2013 Constitution.

Angola

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.

Partially

Article 200 of Angolan Constitution: Citizens shall have the right to be informed by the public administration of administrative processes that are liable to affect their legally protected rights and interests. 2. Citizens shall have he right to be informed by the administration of the progress of proceedings in which they have a direct interest, and learn of decisions that are taken with regard to them. 3. The interested individuals must be notified, in the form prescribed by law, of administrative acts, which shall require express justification when they affect legally protected rights and interests. 4. Individuals shall be guaranteed the right to access archives and administrative records, without prejudice to the legal provisions for security and defence matters, state secrecy, criminal investigation and personal privacy.

This creates a right but it is very limited hence only one point allocated.

Azerbaijan

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.

Partially

Article 50. Freedom of Information I. Everyone has the right to legally seek, receive, pass, prepare and disseminate information. II. The freedom of mass media is guaranteed. State censorship of mass media, including print media, is forbidden. III. Everyone's right to refute or reply to the information published in the media and violating his or her rights or damaging his or her interests shall be guaranteed.

Article 50(I) uses the terms "seek" and "receive" as well other terms, to describe the right to informatoin. However, it is not explicit about being a right to access information from public authorities and it is followed by provisions on media freedom so it is not entirely clear. As far as we are aware, it has not been subject to clear judicial interpretation. Article 32(V) also gives a right to access personal data and Article 39(II) to environmental information but this is not enough to earn a point here.

Bolivia

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.

Partially

21. Bolivians have the following rights: (6) To have access to information and to interpret, analyze and communicate it freely, individually or collectively. 106(I) The State guarantees the right to communication and the right to information. 237. … (2) Maintain the confidentiality of classified information, which may not be divulged even after they have left their duties. The procedure for characterizing classified information shall be set forth in the law. 242. Participation and public monitoring implies the following activities, in addition to those established in the Constitution and the law:.... (4) To create transparent management of information and use of resources in all of the places of public management. The information requested for public monitoring may not be denied and shall be delivered in complete, truthful, adequate and timely form.

Right to information in Article 106 and reference to information for public monitoring in Article 242 enough for 1 point.

Bulgaria

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.

Partially

Article 41 of the Bulgarian Constitution of 1991 states: "(1) Everyone shall be entitled to seek, receive and impart information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality. (2) Everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others."

Requires a "legitimate interest" in the information. Link to the Constitution of Bulgaria (English version) can be found here.

Burkina Faso

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.

Partially

Article 8: The freedoms of opinion, of the press and the right to information are guaranteed.

Not clear enough that this is a right to access public information to earn 2 points.

Canada

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.

Partially

Ontario (Public Safety and Security) v. Criminal Lawyers Association, 2010 SCC 23, [2010] 1 S.C.R. 815 . However, the right to information is only recognized as a limited and derivative right.

Link to the Constitution of Canada (English version) can be found here.

Cape Verde

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.

Partially

Constitution, Article 245. An individual, directly either through associations or through organizations for the defense of diffuse interests, to which he or she belongs, shall have, under the terms of the law, the right: (d) To have access to administrative files and records, subject to the provisions of the law in matters relating to internal and external security of the State, to criminal investigation, to judicial secrecy, the State secret and to personal privacy;

Very limited guarantee but one point given. Available at: https://constitutions.unwomen.org/en/countries/africa/~/media/983cd3b8346a4d53b9e116676bff7363.ashx

Colombia

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.

Partially

ARTICLE 20. Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media. ARTICLE 74. Every person has a right to access to public documents except in cases established by law.

Only one point granted because of the broad exception for "cases established by law".

Costa Rica

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.

Partially

Artículo 27.- Se garantiza la libertad de petición, en forma individual o colectiva, ante cualquier funcionario público o entidad oficial, y el derecho a obtener pronta resolución. 30. Se garantiza el libre acceso a los departamentos administrativos con propósitos de información sobre asuntos de interés público. Quedan a salvo los secretos de Estado.

The Constitutional guarantee has also been affirmed by a range of Court decisions. However, the carve out for State Secrets, which is potentially expansive, and the fact that only information on matters of public interest is covered, together cost 1 point.

Czech Republic

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.

Partially

The 1993 Charter of Fundamental Rights and Freedoms provides for a right to information.(1) Article 17: "(1) Freedom of expression and the right to information are guaranteed. (2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State. (3) Censorship is not permitted. (4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality. (5) Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law.

Not entirely clear that this is a right to access public information but seems to be so one point given. Link to the Constitution of Czech Republic (English version) can be found here. Link to the 1993 Charter of Fundamental Rights and Freedoms (English version) can be found here.

Estonia

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.

Partially

Article 44 of the Constitution of the Republic of Estonia states: "(1) Everyone has the right to freely obtain information disseminated for public use. (2) All state agencies, local governments, and their officials have a duty to provide information about their activities, pursuant to procedure provided by law, to an Estonian citizen at his or her request, except information the disclosure of which is prohibited by law, and information intended exclusively for internal use. (3)An Estonian citizen has the right to access information about himself or herself held in state agencies and local governments and in state and local government archives, pursuant to procedure provided by law. This right may be restricted pursuant to law to protect the rights and freedoms of others or the confidentiality of a child's parentage, and in the interests of preventing a criminal offence, apprehending a criminal offender, or ascertaining the truth in a criminal proceeding. (4)Citizens of foreign states and stateless persons who are in Estonia have the rights specified in paragraphs two and three of this section equally with Estonian citizens, unless otherwise provided by law."

The exceptions for information intended for internal use is too broad to allow two points. Constitution of the Republic of Estonia (English version) can be found here.

Guinea

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.

Partially

10...Le droit d’accès à l’information publique est garanti au citoyen et celui-ci demeure libre de s’informer aux sources légales et accessibles à tous.

Article 10 of the Constitution (https://guilaw.com/la-constitution-de-2020/). This guarantee is unclear as to whether it refers to otherwise confidential information held by public authorities or information that is already legally accessible.

Hungary

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.

Partially

[Constitution of Hungary] Article VI: (2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.

One point given because limited to "data of public interest". Link to the Constitution of Hungary (English version) here.

Indonesia

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.

Partially

[Constitution of Indonesia] 28(f) Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels.

In context, suggests a general right to receive information rather than a specific right to access government-held information but courts have interpreted it more broadly. Link to unofficial translation of the Constitution here.

Israel

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.

Partially

N/A

Israel does not have a constitution, however the Supreme Court recognized that the right to information is found within the right to free expression. Free expression is itself not protected under Israel's "Basic Laws", but is judicially recognized as a fundamental right, which apparently has quasi-constitutional status.

Kosovo

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.

Partially

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.

Malawi

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.

Partially

37. Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.

Constitutional, but limited to cases where information needed for protection of a right. The Constitution of Malawi can be found here.

Maldives

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.

Partially

2008 Constitution, 61(c) All information concerning government decisions and actions shall be made public, except information that is declared to be State secrets by a law enacted by the People’s Majlis. 182(b)(6) transparency shall be fostered by providing the public with timely, accessible and accurate information

Partial guarantee (decisions and actions but not everything) and also broad exceptions (any law) but at least some guarantee.

https://www.constituteproject.org/constitution/Maldives_2008?lang=en

Moldova

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.

Partially

Article 34 of the Constitution (The Right of Access to Information): Having access to any information of public interest is everybody's right that may not be curtailed. According with their established level of competence, public authorities shall ensure that citizens are correctly informed both on public affairs and matters of personal interest. The right of access to information may not prejudice either the measures taken to protect the citizens or the national security. [...]

Limited to information of public interest. Link to constitution (English version).

Nepal

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.

Partially

27. Right to information: Every citizen shall have the right to seek information on any matters of concern to her/him or the public. Provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law.

Exception for confidential information too broad and also limited to information of concern.

Netherlands

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.

Partially

Article 110 of the Netherlands Constitution: "In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament."

There are two views as to whether this provision guarantees a right to public information or only imposes a duty on public bodies to make information available consistent with statutes. The prevailing view within the Netherlands is that the Constitution does not guarantee a right to information, based in part on the fact that Article 110 is not included in the Bill of Rights but rather in that part of the Constitution titled Legislation and Administration. A minority contend that the right is of constitutional stature. The courts have not expressed an opinion on the matter and are unlikely to do so, given that the courts may not set aside a law, or declare an action of an administrative body illegal, on the ground that it contradicts the Constitution. In any event, the issue is not significant given that the FOI law provides a relatively strong statutory protection of the right Link to the Constitution of the Netherlands (English version) here

Panama

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.

Partially

Article 43: Every person has a right to ask for accessible information or information of general interest stored in data banks or registries administered by public servants or by private persons providing public services, unless access has been limited by written regulation or by legal mandate, and to request their lawful processing and correction.

Constitution Art 43 - but this provision allows for the right to be limited by written law, which is problematical.

Rwanda

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.

Partially

Article 38: Freedom of press, of expression and of access to information are recognised and guaranteed by the State. Freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy. Conditions for exercising and respect for these freedoms are determined by law.

Not entirely clear that this is a right to access public information but seems to be so one point given.

Slovenia

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.

Partially

Article 39: Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law."

"Well founded legal interest" is far too narrow and excludes persons seeking general public interest information. Link to the Constitution of Slovenia (English version) here.

Tajikistan

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.

Partially

Article 25, Right to Information: State organs, social associations, political parties, and officials are obligated to provide everyone with the opportunity to receive and become familiar with documents concerning his rights and interests except in cases provided by law.]

Limited right to information about one's rights and interests.

Tunisia

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.

Partially

Constitution, Art. 32: The State shall guarantee the right to information and the right to access to information and communications networks.

One point given for a self-standing clause requiring State to guarantee RTI but does not clearly include right to information held by public authorities.

Uruguay

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.

Partially

See comments.

While the Constitution does not provide explicit protection for the right to information, it has the following: Article 29 protects freedom of expression; Article 72 is an open clause linking other rights with a democratic and republican government; and Article 82 protects the republican nature of government. Based on these three articles the Supreme Court has upheld the constitutionality of the current law on RTI in various decisions.

Venezuela

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.

Partially

Constitucion 28. Toda persona tiene el derecho de acceder a la información y a los datos que sobre sí misma o sobre sus bienes consten en registros oficiales o privados, con las excepciones que establezca la ley, así como de conocer el uso que se haga de los mismos y su finalidad, y de solicitar ante el tribunal competente la actualización, la rectificación o la destrucción de aquellos, si fuesen erróneos o afectasen ilegítimamente sus derechos. Igualmente, podrá acceder a documentos de cualquier naturaleza que contengan información cuyo conocimiento sea de interés para comunidades o grupos de personas. Queda a salvo el secreto de las fuentes de información periodística y de otras profesiones que determine la ley. 143. Los ciudadanos y ciudadanas tienen derecho a ser informados e informadas oportuna y verazmente por la Administración Pública, sobre el estado de las actuaciones en que estén directamente interesados e interesadas, y a conocer las resoluciones definitivas que se adopten sobre el particular. Asimismo, tienen acceso a los archivos y registros administrativos, sin perjuicio de los límites aceptables dentro de una sociedad democrática en materias relativas a seguridad interior y exterior, a investigación criminal y a la intimidad de la vida privada, de conformidad con la ley que regule la materia de clasificación de documentos de contenido confidencial o secreto. No se permitirá censura alguna a los funcionarios públicos no funcionarias públicas que informen sobre asuntos bajo su responsabilidad.

Borderline but one point given for the right to access information about oneself or of interest to communities or groups in Article 28. Constitutional available here

Vietnam

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.

Partially

Article 25: (of Constitution): The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law.

Not very clear in scope and nature: right "to access to information".

Andorra

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.

N/A

There is no provision in the Andorran Constitution.

Antigua and Barbuda

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.

N/A

Not in constitution.

Australia

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.

N/A

Not in the constitution. Link to the Constitution of Australia (English version)

Bahamas

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.

The Constitution: Section 23(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

General guarantee of freedom of expression.

Bangladesh

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.

N/A

Not mentioned in the constitution.

Belize

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.

N/A

Not in the constitution.

Benin

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.

Constitution of Benin 1990, Article 8: The human person is sacred and inviolable. The State has the absolute obligation to respect it and protect it. It shall guarantee him a full blossoming out. To that end, it shall assure to its citizens equal access to health, education, culture, information, vocational training, and employment.

Article 8 is an equality provision -- requiring equal access to information -- but there is no self-standing right to information.

Bosnia and Herzegovina

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.

No constitutional provision protecting access to information.

Link to constitution (english version) can be found here.

China

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.

Not mentioned

The Constitution, with 2018 amendments, is available here

Cook Islands

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.

N/A

Not mentioned in constitution.

Cyprus

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.

N/A

Not mentioned

Denmark

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.

There is no constitutional provision protecting access to information.

Link to the Constitutional Act of Denmark (English version) can be found here

Dominican Republic

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.

44. Right to Privacy and to personal honor... (2) All persons have the right to access to the information and facts about them or their property that reside in official or private registers, as well as to know the destination and the uses of the same, with the limitations fixed by law. Treatment of personal facts or information or that regarding property shall be made respecting the principles of quality, lawfulness, loyalty, security, and finality. One may solicit the updating, oppose the treatment, rectification, or destruction of that information that illegitimately affects his rights from before the appropriate judicial authority;... 49. ... (1) All persons have the right to information. This right encompasses searching for, researching, receiving, and spreading information of all types, of a public character, by any medium, channel or way, in accordance with the determinations of the Constitution and the law....

Art 44 of the constitution recognizes a limited right (seems to only apply to data about oneself). English: https://www.constituteproject.org/constitution/Dominican_Republic_2015.pdf. Add to comment

East Timor

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.

Section 40(1) Every person has the right to freedom of speech and the right to inform and be informed impartially. (2) The exercise of freedom of speech and information shall not be limited by any sort of censorship. (3) The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person. Section 41(2) Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting.

Context strongly suggests that this right refers merely to a general right to freedom of expression English: https://www.constituteproject.org/constitution/East_Timor_2002?lang=en

El Salvador

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.

N/A

Ethiopia

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.

29 Right of Thought, Opinion and Expression: 2) Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice. (3) "Freedom of the press shall specifically include the following elements: .... (b) Access to information of public interest." … (6) These rights can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. Legal limitations can be laid down in order to protect the well-being of the youth, and the honour and reputation of individuals. Any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law."

It is not entirely clear from the context whether this is really RTI or more about journalists accessing information. In addition, the right is limited to information of “public interest”, and the exceptions for protecting the “honour and reputation of individuals” gives far too much discretion to refuse requests for information.

Gambia

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.

N/A

Not mentioned.

Germany

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.

N/A

Not mentioned. Link to the Constitution of Germany (English version) here.

Guatemala

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.

Article 31. Every person has the right to know what the archives, records, or any other form of State registers contain about him and the purpose for which such data is used as well as their correction, rectification, and bringing up to date. Registers and records of political affiliation, except those pertaining to the electoral authorities and political parties are prohibited.

This only grants a right to access one's own personal data, not a general right of access.

Guyana

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.

N/A

Not mentioned.

Honduras

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.

182(2) All persons have the right to access information about themselves or their property that is already contained in databases, public or private registries in an expedited and non-onerous manner, and in cases where it is necessary to access, correct, or remove it. This may not affect the privacy of journalistic information sources.

No - Honduras' constitution has provisions for habeus data, but this only applies to personal information. A link to the Constitution in English is available here.

Iceland

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.

N/A

Link to the Constitution of Iceland (English version) here.

Iran

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.

N/A

Not mentioned.

Ireland

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.

N/A

Link to the Constitution of Ireland here

Italy

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.

N/A

Link to the current Constitution of Italy (pdf, English version) here.

Jamaica

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.

N/A

Not mentioned in the constitution.

Jordan

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.

N/A

Not mentioned.

Kazakhstan

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.

[Constitution] 20(2) Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.

Right to receive information not enough for a point.

Kuwait

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.

N/A

Only freedom of expression is protected in the Constitution.

Latvia

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.

Article 100. "Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited." Article 104. "Everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply. Article 115. The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment."

None of these provisions clearly establish a right to information. Right to receive information not enough for 1 point. Link to the Constitution of Latvia (English version) here.

Lebanon

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.

N/A

Not mentioned.

Liberia

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.

Constitution Article 15(b): "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent." Constitution Art. 15(c): "In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries."

This is more of a general right to freedom of expression.

Liechtenstein

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.

N/A

Lithuania

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.

Article 25 of Lithuania's 1992 Constitution states "The citizen shall have the right to receive, according to the procedure established by law, any information concerning him that is held by State institutions."

Right to receive information concerning oneself is more about data protection. Link to the Constitution of Lithuania (English version) here.

Luxembourg

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.

N/A

Not mentioned in the Constitution

Malta

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.

N/A

Link to the Constitution of Malta (English version) can be found here.

Monaco

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.

N/A

Not mentioned

Namibia

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.

Not mentioned

Constitution

New Zealand

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.

N/A

New Zealand has no constitutional bill of rights. A right to information is endorsed, in a weak way, in their quasi-constitutional bill of rights, but because there is no specific endorsement of a right to access government information this is not worth a point. Link to the bill of rights here.

Nicaragua

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.

Article 66 Nicaraguans have the right to accurate information. This right includes the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or any other form. Article 26 All persons have the right to: 1. privacy and the privacy of their family; 2. the inviolability of their home, correspondence, and communications; 3. respect for their honor and reputation. A private home may be searched only with a warrant from a competent judge or expressly authorized official to prevent a crime from being committed or to avoid damage to persons or goods, in accordance with the procedures established by law. The law shall determine the cases and the procedures for an examination of private documents, fiscal records and related documents, when such is indispensable for the investigation of matters before the Courts or for fiscal reasons. Illegally seized letters, documents and other private papers shall be null and void in legal proceedings or elsewhere.

Art 66 and 26 mention information, but not in the context of government documents.

Nigeria

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.

N/A

Not mentioned.

North Macedonia

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.

Article 16 of the Constitution of Macedonia provides: "The freedom of personal conviction, conscience, thought and public expression of thought is guaranteed. The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed. The right of reply via the mass media is guaranteed. The right to a correction in the mass media is guaranteed. The right to protect a source of information in the mass media is guaranteed. Censorship is prohibited."

This is more of a general right to freedom of expression. Link to constitution (English version) here.

Paraguay

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.

Constitution Article 28 About the Right to Obtain Information (1) The people's right to receive true, responsible, and equitable information is hereby recognized. (2) Everyone has free access to public sources of information. The laws will regulate the corresponding procedures, deadlines and sanctions, in order to turn this right effective. (3) Anyone affected by the dissemination of false, distorted, or ambiguous information has the right to demand that the offending media organization rectify or clarify the report under the same conditions in which it was originally conveyed, without any other compensatory rights being affected.

Context suggests part of right to receive information generally ("del derecho a informarse" rather than "derecho a la información". Spanish: https://www.constituteproject.org/constitution/Paraguay_2011.pdf?lang=es

Qatar

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.

Not mentioned

No reference to RTI. https://www.constituteproject.org/constitution/Qatar_2003.pdf?lang=en

Russia

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.

Not mentioned

Russian Constitution available in English here.

Saint Kitts and Nevis

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.

N/A

San Marino

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.

N/A

Saudi Arabia

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.

N/A

No reference to RTI English: https://www.constituteproject.org/constitution/Saudi_Arabia_2013.pdf?lang=en

Sierra Leone

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.

Slovakia

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.

Article 26.(5) State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law."

Establishes a limited obligation for proactive disclosure but not a right to information for citizens. Link to the Constitution of Slovakia (English version) here.

Spain

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.

Artículo 105: La ley regular: b) El acceso de los ciudadanos a los archivos y registros administrativos, salvo en lo que afecte a la seguridad y defensa del Estado, la averiguación de los delitos y la intimidad de las personas.

La ley regula el derecho de acceso a la información pública como un derecho ordinario, desatiende de esta forma, sentencias emitidas por el TEDH y tratados internaciones suscritos por el Estado español.

Sudan

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.

Constitution, Article 39(1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law.

This does not guarantee the right to information but just freedom of expression

Switzerland

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.

The Federal Constitution of Switzerland, as amended through Oct 15, 2002, contains only a guarantee of freedom of information, and not a right to government-held information. Article 16 reads: "1) The freedom of opinion and information is guaranteed. 2) All persons have the right to form, express, and disseminate their opinions freely. 3) All persons have the right to receive information freely, to gather it from generally accessible sources and to disseminate it."

Link to the Constitution of Switzerland (English version) here

Taiwan

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.

N/A

Not mentioned

Tanzania

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.

Section 18(b) & (d) of the Constitution: Every Person - (b) has a right to seek, receive and, or disseminate information (d) has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society.

This is just a general guarantee of freedom of expression closely based on international law - would need specific interpretation by the courts to include RTI.

Togo

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.

N/A

Not guaranteed in the Constitution

Trinidad and Tobago

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.

N/A

Not mentioned in the constitution

United Kingdom

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.

N/A

The United Kingdom does not have a written constitution, instead it has a series of acts that are considered to be an equivalent to the constitution. The Human Rights Act 1998 is one of these, however there is no reference to the right to access information.

United States

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.

Not mentioned.

Link to the Constitution of the United States (English version) <a href="https://www.archives.gov/founding-docs/constitution-transcript">here</a>

Uzbekistan

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.

33 (of Constitution)...Everyone shall have the right to seek, obtain and disseminate any information….

Provides for a right to seek and receive information but not an explicit right to information.

Vanuatu

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.

N/A

No, the law makes reference to the Constitutional protection for freedom of expression instead.

Yemen

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.

N/A

No constitutional right.

Zambia

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.

Const. 20. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence. 173. (1) The guiding values and principles of the public service include the following- h. proactively providing the public with timely, accessible and accurate information;… 255. The management and development of Zambia’s environment and natural resources shall be governed by the following principles:… m. access to environmental information to enable people preserve, protect and conserve the environment.

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