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 right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3(6) Institutions include ... state-owned enterprises, government corporations and joint ventures and all other bodies and institutions established by law. This definition also includes any organization or institution which is owned, controlled or substantially funded by one of the institutions defined above as well as any other body which undertakes a public function. | ||
| Albania | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(1)(b) Public authorities are commercial companies where: i) the state owns most of the shares. | ||
| Andorra | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 3. Subjective scope 1. The provisions of Title II shall apply to: a) The General Administration and the bodies under its direction. b) The commons and the bodies that depend on them. c) The General Council, the Constitutional Court, the Superior Council of Justice, the Citizen's Accountant, and the Court of Auditors, in relation to its activities subject to administrative law. d) Public bodies and parapublic entities, in relation to their activities subject to law administrative and excluding professional associations, which are governed by their own regulations. e) The associative and foundational entities created by the General Administration or by the commons. f) Public companies, whether general or communal, when the participation of the Administration in theirs capital is majority or sufficient to control it. Article 3. Àmbit d’aplicació subjectiva 1. Les disposicions del Títol II són d’aplicació a: a) L’Administració general i els òrgans que estan sota la seva direcció. b) Els comuns i els òrgans que en depenen. c) El Consell General, el Tribunal Constitucional, el Consell Superior de la Justícia, el Raonador del Ciutadà, i el Tribunal de Comptes, en relació amb les seves activitats subjectes a dret administratiu. d) Els organismes públics i les entitats parapúbliques, en relació amb les seves activitats subjectes a dret administratiu i amb exclusió dels col·legis professionals, que es regeixen per la seva pròpia normativa. e) Les entitats associatives i fundacionals creades per l’Administració general o pels comuns. f) Les societats públiques, siguin generals o comunals, quan la participació de l’Administració en el seu capital sigui majoritària o suficient per tenir-ne el control. | Article 3.1.c y f) | |
| Antigua and Barbuda | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3(1) For the purpose of this Act, a public authority means: (d) a body (ii) owned, controlled or substantially financed by the Government from public funds. | ||
| Argentina | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | ARTÍCULO 7° — Ámbito de aplicación. Son sujetos obligados a brindar información pública: a) La administración pública nacional, conformada por la administración central y los organismos descentralizados, comprendiendo en estos últimos a las instituciones de seguridad social; b) El Poder Legislativo y los órganos que funcionan en su ámbito; c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; g) Las empresas y sociedades del Estado que abarcan a las empresas del Estado, las sociedades del Estado, las sociedades anónimas con participación estatal mayoritaria, las sociedades de economía mixta y todas aquellas otras organizaciones empresariales donde el Estado nacional tenga participación mayoritaria en el capital o en la formación de las decisiones societarias; h) Las empresas y sociedades en las cuales el Estado nacional tenga una participación minoritaria, pero sólo en lo referido a la participación estatal; i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; o) El Banco Central de la República Argentina; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación; q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. El incumplimiento de la presente ley será considerado causal de mal desempeño. | ||
| Armenia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | According to expert, all State-owned enterprises are covered. | |
| Austria | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business, 1.4. the bodies of foundations, funds and institutions subject to the control of the Court of Audit or a provincial court of audit, and 1.5. of enterprises subject to the control of the Court of Audit or a provincial court of audit, provided that in the case of participation of the federal government, the province or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit, a participation of at least 50% of the share capital, capital stock or equity capital exists in the enterprise or the federal government, the province or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or is an enterprise of any further level, the federal state or the municipality alone or together with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or it is an enterprise of any further level for which the requirements pursuant to this item are met. Federal Constitutional Act - B-VG 22a(3) Everyone shall have the right of access to information concerning other foundations, funds, institutions and undertakings subject to the control of the Court of Audit or a provincial court of audit, provided that 1. in the case of participation of the federal government, the federal state or the municipality, alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit, there is a participation of at least 50% of the share capital, capital stock or equity capital in the enterprise, or 2. the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or 3. it is a company of any further level for which the requirements pursuant to no. 1 or no. 2 are met. This does not apply if the confidentiality of the information is necessary in analogous application of para. 2 or to prevent impairment of the competitiveness of the foundation, the fund, the institution or the company or, if comparable access to information is guaranteed, if otherwise stipulated by law. | ||
| Azerbaijan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 9.3.2. non-profit organizations, extra-budgetary funds, as well as commercial associations in which the state is a member or participation - wholly or partly state-owned or dependent - on information related to the use of funds provided from the state budget or property allocated to them. | Covers commercial bodies in which are "wholly or partly" State-owned or dependent. Also applies to bodies with a dominant position in the commodity market | |
| Bahamas | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); "public corporation" means a corporation in which the government has a controlling interest and includes a subsidiary of such corporation; ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... | ||
| Bangladesh | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(b) “Authority” means (iii) any statutory body or institution established by or under any Act; (iv) any private organisation or institution run by government financing or with aid in grant from the government fund; | 2(b)(iii) includes any body established under any other act or ordinance and 2(b)(iv) includes any org. run on gov't funds or with the help of the gov't exchequer. | |
| Belize | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | SECTION 3 "(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette;" | Definition of "prescribed authorities" | |
| Bolivia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | ||
| Bosnia and Herzegovina | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the State-owned enterprises are included. | |
| Brazil | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor's Office. II – autonomous institutions connected to the State, public foundations, public companies, mixed corporations and other entities controlled directly or indirectly by the Federal Government, the States, the Federal District and Municipalities. | ||
| Bulgaria | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3(1) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. | The art. 3 clarifies that the individual and legal entities financed with public funds are included under the scope. | |
| Costa Rica | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | N/A | The decentralised public institutions are covered by Directriz Ejecutiva N 073-MP-MEIC-MC (http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84167&nValor3=108487&strTipM=TC). It appears state owned enterprises fall into this category (see list at https://documento+G6s.mideplan.go.cr/share/s/C-XsB5mMTZiieoxEob_7Vg). Also, Constitutional Court decisions have said that public enterprises are subject to right to information obligations. Some question about the coverage of the decrees for all these institutions, and Executive Directive 073 isn't as detailed as Executive Decree 40200, but enough for 2 points (especially given that petition is an option even if the procedures in the decrees don't directly apply). | |
| Croatia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art.5.2. "Public authority bodies", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; | Art.5.2. has a broad scope: State-owned companies are considered by the RTI act to fall within the definition of "public authority bodies" ("as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights"). | |
| Cyprus | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | "Article 5 (Private Legal Entities owned by the State). 5.(1) Νομικό πρόσωπο ιδιωτικού δικαίου θεωρείται ότι είναι ιδιοκτησία του κράτους, αν - (α) Ανήκει πλήρως στο κράτος· ή (β) ανήκει πλήρως σε δημόσια αρχή που καθορίζεται στο άρθρο 4. (2) Για τους σκοπούς του παρόντος άρθρου - (α) Νομικό πρόσωπο ιδιωτικού δικαίου θεωρείται ότι ανήκει πλήρως στο κράτος, αν οι μετοχές του ανήκουν στο κράτος ή αν συμμετέχουν στη διοίκηση και/ή στη λειτουργία του μόνο υπουργοί, κυβερνητικά τμήματα ή εταιρείες που ανήκουν πλήρως στο κράτος ή πρόσωπα που διορίστηκαν από το Υπουργικό Συμβούλιο ή εκπροσωπούν υπουργούς, κυβερνητικά τμήματα ή εταιρείες που ανήκουν πλήρως στο κράτος· και (β) νομικό πρόσωπο ιδιωτικού δικαίου θεωρείται ότι ανήκει πλήρως σε δημόσια αρχή, εκτός από κυβερνητικό τμήμα, αν συμμετέχουν στη διοίκηση και/ή στη λειτουργία του μόνο η εν λόγω δημόσια αρχή ή νομικά πρόσωπα ιδιωτικού δικαίου που ανήκουν πλήρως στη δημόσια αρχή ή πρόσωπα που εκπροσωπούν την εν λόγω δημόσια αρχή ή νομικά πρόσωπα ιδιωτικού δικαίου που ανήκουν πλήρως σ’ αυτή. " | ||
| Czech Republic | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2 - Duty to provide information (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state agencies, territorial self-administration entities and their agencies, and public institutions managing public funds . (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers | ||
| Dominican Republic | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: (...) d) Empresas y sociedades comerciales propiedad del Estado; (...) f) Organismos e instituciones de derecho privado que reciban recursos provenientes del Presupuesto Nacional para la consecución de sus fines; | ||
| East Timor | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 1(2) This diploma shall apply to: D) Public companies; | ||
| Ecuador | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | ARTICLE 1 Principio de Publicidad de la Información Pública.- El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de éste, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado; las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG's), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. | Article 1 - public entities | |
| El Salvador | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. | Art 7 applies the law to any agency which handles (administre) public funds. Also - "sociedades de economía mixta." | |
| Estonia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 5. Holders of information: "3) The following are deemed to be equal to holders of information: 1) undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies “with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto; 2) sole proprietors, non-profit associations, foundations and companies “with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support." | ||
| Finland | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | [Principles of Openness] Article 4(1) For the purposes of this Act, authorities are defined as: [...] 3. State enterprises; [...] | ||
| Gambia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1 "public body" means a body - (e) established for a public purpose which is owned, controlled, or financed by the government. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | ||
| Georgia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 27 – Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | "Public agency means a state or self-government agency or institution...or artificial person of Public Law or Private Law that receives funding from the State Budget"; "A public agency shall provide access to the copy of public information.". | |
| Germany | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 1(1) This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. | ||
| Guatemala | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Artículo 6. [...] (30) Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado; [...]. | ||
| Guinea | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 4. Sont considérés comme documents administratifs communicables ... les documents ... détenus par l'Etat, les collectivités territoriales ainsi que par les autres personnes de droit public ou les personnes de droit privé chargées de la gestion d'un service public, dans le cadre de leur mission de service public. Sont dénommés « organismes » soumis aux dispositions de la présente Loi: ...- les entreprises, les établissements publics, et leurs représentations à l'étranger ; | ||
| Guyana | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2. [...] "public authority" means - (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity - (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control; [...] | 2 - included within public authorities. | |
| Hungary | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 26(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act. | ||
| India | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2(h) "public authority" means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; [...] | ||
| Indonesia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | ||
| Iran | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 1. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | ||
| Israel | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | N/A | Not mentioned. | |
| Jamaica | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 3. In this Act, unless the context otherwise requires - "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing - (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a company registered under the Companies Act, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created - (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Act, a document is held by a public authority if it is in its possession, custody or control; "public authority" means - (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which - (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5(3); (f) any other body or organization specified in an order under; "responsible Minister" means the Minister responsible for the public authority which holds an official document. | ||
| Jordan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". | |
| Kazakhstan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 8 Information holders are: [...] (2) state institutions which are not state bodies; (3) subjects of quasi-state sector; (4) legal entities - receivers of budget funds, in respect to information concerning the usage of funds received from state budgets; [...] | ||
| Kenya | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2 [...] "public entity" means - (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; [...]. [Constitution] Article 260. "public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; [...] | ||
| Kyrgyzstan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3.The following basic concepts are used in this Law:...(9) public sector - state bodies, local self-government bodies, state and municipal institutions and enterprises operating on the principles of operational management, economic management and/or self-financing, as well as other legal entities with state or municipal participation. | ||
| Latvia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution: “every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". Section 88 of State administrative Structure law provided for pre-conditions when public persons can undertake commercial activities (State-owned commercial entities). When doing that, the activities are considered as public function. These two articles cannot be regarded separately (Section 8 of the Administrative procedure law, Section 8. Principle of Reasonable Application of Norms of Law "Institutions and courts, in applying the norms of law, shall use the basic methods of the interpretation of the norms of law (grammatical, systemic, historical and teleological methods) in order to achieve the most equitable and useful result (Section 17)" ) With regard to commercial entities, such interpretation has been expressly used by the Supreme Court. | ||
| Liberia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1.3.2: ""Access to information" refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: ""Public Authorities" means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution." 1.3.7: ""Public Bodies" refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." | 1.3.2 definition seems expansive enough - plus 1.3.6 and 1.3.7. | |
| Malawi | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2. “public body” means the Government, a statutory body, or any other body appointed by the Government to carry out public functions. | Schedule 1: The Executive, all its organs and persons in their service. | |
| Mexico | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. | ||
| Mongolia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.9. State owned or partially owned legal entities; | ||
| Montenegro | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 4: "3) A government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" | ||
| Nepal | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, (3) A body formed by the Government of Nepal, (4) Institution or foundation established by the law, public service. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (7) Body Corporate formed by a Body established by the Government of Nepal or the law upon entering into an agreement, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette | ||
| Netherlands | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 3. Paragraph 1: Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter. | The article provides: \"Company carrying out work for which it is accountable to an administrative authority\" | |
| New Zealand | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | |||
| Nicaragua | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Artículo 4.- Para los fines de la presente Ley, se establecen las siguientes definiciones: c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, incluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua. | 4(c) seems to include corporations established by the state. | |
| Nigeria | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(7) Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions. | ||
| North Macedonia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art 3. Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; | ||
| Norway | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2 "<...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person. Subparagraphs (c) and (d) above do not apply to legal persons which mainly carry on business in direct competition with and on the same conditions as private legal persons. For entities which after public acquisition or the like come under (c) or (d) above, this Act applies from and including the fourth month-end after the month when the conditions were met." | ||
| Pakistan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(ix)(d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government | ||
| Paraguay | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(f) The state financial institutions, public companies, commercial companies with state participation, the mixed companies, regulatory or supervisory authorities and all other decentralized entities with legal personality under public law; | ||
| Peru | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 8 Entidades obligadas a informar: Las entidades obligadas a brindar información son las señaladas en el artículo 2 de la presente Ley. ...Las empresas del Estado están sujetas al procedimiento de acceso a la información establecido en la presente Ley. | Specifically mentioned in Article 8. | |
| Poland | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 6(1) The following information is subject to being made available, in particular on: 5) Public property, including: e) incomes and losses of the commercial companies in which the entities, defined in c. a) - c) hold the dominant position in the understanding of the provisions of the Commercial Companies Code and disposal of this income and the method of covering losses, | Is the obligation of the public authorities as well as other entities performing public functions. Also expressly stated in Article 61.1. of the Constitution: other persons or organisational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. | |
| Portugal | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art 4.1: The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority. 2. The provisions of the present Law shall also apply to documents held or drawn up by any body which possesses legal personality and has been created to fulfil needs of general interest that do not possess an industrial or commercial nature in a specific manner, and to which any of the following circumstances applies: a) The majority of the funding for the body's activities is provided by any of the entities referred to by the previous paragraph or the present paragraph; b) The body's management is subject to a control by any of the entities referred to by the previous paragraph or the present paragraph; c) More than half the members of the body's management or supervisory boards are appointed by any of the entities referred to by the previous paragraph or the present paragraph. | ||
| Republic of Belarus | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 5. Subjects of information relations Subjects of information relations can be: • Republic of Belarus, administrative-territorial units of the Republic of Belarus; • state bodies, other state organizations (hereinafter, unless otherwise provided, state bodies); • other legal entities, organizations that are not legal entities (hereinafter -- legal entities); | ||
| Romania | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. | |
| Russia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 1: (Basic Definitions Used in the Present Federal Law): For the present Federal Law, the following basic definitions have been used: (1) information on the activities of government bodies and bodies of local self-government - information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. | ||
| Rwanda | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; | |
| Saint Kitts and Nevis | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 7 | "owned, controlled or substantially financed by" | |
| Serbia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 2) A legal person founded by or funded wholly or predominantly by a state body. | Article 3 provides: "A public authority body within the meaning of this Law...shall mean: A legal entity founded by or fully or predominantly funded by a government body." | |
| Seychelles | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Schedule. Public body for the purpose of this Act I. Any authority or body or institution performing government functions, legislative functions or judicial functions and established or constituted.— (a) by or under the Constitution; or (b) any written law, 2, A body owned, controlled or financed by the government. 3. Non-governmental organisation financed directly or indirectly by funds provided by the government. | Owned, controlled or financed by public bodies | |
| Sierra Leone | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | ... | ||
| Slovakia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" | ||
| Slovenia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art 1.a "(1) This Act also governs the procedure which ensures everyone free access to and re-use of public information held by companies and other legal entities of private law and subject to direct or indirect dominant influence, individually or jointly, of the Republic of Slovenia, self-governing local communities and other entities of public law. (Hereinafter: business entities subject to dominant influence of entities of public law)." | ||
| South Sudan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art. 5 definition of public body includes anything owned, controlled or substantially financed by the State or National government. | ||
| Spain | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Artículo 2 (Ãmbito subjetivo de aplicación): 1. Las disposiciones de este título se aplicarán a: d) Las entidades de Derecho Público con personalidad jurídica propia, vinculadas a cualquiera de las Administraciones Públicas o dependientes de ellas, incluidas las Universidades públicas. e) Las corporaciones de Derecho Público, en lo relativo a sus actividades sujetas a Derecho Administrativo. g) Las sociedades mercantiles en cuyo capital social la participación, directa o indirecta, de las entidades previstas en este artículo sea superior al 50 por 100. | La Ley de Transparencia y Buen Gobierno, posibilita la solicitud de información a empresas cuyo capital pertenezca mayoritariamente al estado, y a empresas o corporaciones de derecho público, creadas sobre la base de una ley en la que se recoja sus fines, estructura y funcionamiento. | |
| Sri Lanka | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 43. In this Act, unless the context otherwise requires public authority means (d) a public corporation; (e) a company incorporated under the Companies Act, No. 7 of 2007, in which the State, or a public corporation or the State and a public corporation together hold twenty five per centum or more of the shares or otherwise has a controlling interest; | ||
| Sudan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | ||
| Thailand | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 4. In this Act: "information" means a material which communicates matters, facts, data or anything, whether such communication is made by the nature of such material itself or through any means whatsoever and whether it is arranged in the form of a document, file, report, book, diagramme, map, drawing, photograph, film, visual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information in possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual; "State agency" means a central administration, provincial administration. local administration, State enterprise, Government agency attached to the National Assembly, Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional supervisory organisation, independent agency of the State and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing official duty for a State agency; "personal information" means an information relating to all the personal particulars of a person, such as education, financial status, health record, criminal record or employment record, which contain the name of such person or contain a numeric reference, code or such other indications identifying that person as fingerprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information relating to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic persons: (1) a company or partnership more than one-half of the capital of which belongs to aliens; provided that a certificate of share to bearer shall be deemed to be held by an alien; (2) an association more than one-half of members of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) or any other juristic person more than one-half of managers or directors of which are aliens. If the juristic person under paragraph one becomes a manager, director, member or owner of the capital of another juristic person, such manager, director, member or owner of the capital shall be deemed an alien | 4 - State enterprises are specifically listed | |
| Togo | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 3 : Ont la qualité d'organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d'une mission de service public. Tous les services relevant de l'administration publique ou des entreprises publiques sont des organismes publics. | ||
| Trinidad and Tobago | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 4. In this Act - "applicant" means a person who has made a request in accordance with section 13; "designated officer", in relation to a public authority, means the person referred to in section 7 (1)(a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capable of being produced from a machine-readable record by means of equipment or a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in Part IV; "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created by that authority, and whether or not it was created before the commencement of this Act and, for the purposes of this definition, a document is held by a public authority if it is in its possession, custody or power; "personal information" means information about an individual, including - (a) information relating to the race, national or ethnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individual except where they relate to another individual; (f) correspondence sent to a public authority by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the individual; and (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; "prescribed" means prescribed by the Minister by regulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliament or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, the High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) the Tobago House of Assembly, the Executive Council of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the Municipal Corporations Act, 1990; (g) a regional health authority established under the Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is assigned to a Minster of Government; (i) a company incorporated under the laws of the Republic of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Constitution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the President's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, by Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public authority means - (a) the Minister of Government to whom responsibility for the public authority is assigned; or (b) such Minister of Government as the President may, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House of Assembly established under the Constitution. | S. 4 definitions
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| Tunisia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art. 2 - La présente loi s’applique aux organismes suivants : ... - les entreprises et les établissements publics et leurs représentations à l’étranger | ||
| Uganda | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. | Section 2 | |
| United Kingdom | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 6. | The right of access applies to companies when these are wholly owned by the crown or by any public authority listed in Schedule 1. | |
| United States | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | (f) For purposes of this section, the term- (f) For purposes of this section, the term- (1) "agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; | ||
| Uruguay | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | N/A | Expert claims definition of "estatales y no estatales" includes all bodies here. | |
| Vanuatu | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3. relevant private entity means an entity: (a) that is owned, controlled or substantially financed directly or indirectly by funds provided by the Government, but only to the extent of that financing; 8. Right to access to information Subject to this Act, a person may access any information from a Government agency, relevant private entity or private entity. | Assumed also to cover public entities that are State corporations under definition of government agency. | |
| Yemen | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" | Definition of "concerned party" includes any agency receiving funding from the state, as well as the public and "mixed" sector. | |
| Zimbabwe | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; “public commercial entity” means a company or other commercial entity which is owned or controlled by the State or by a person on behalf of the State; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Public commercial entities included | |
| Angola | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Petroleum Activites Act 10/04 art. 77: "1. The supervising Ministry, as well as the persons or entities which cooperate with it, shall keep confidential all data or information of a technical, economic, accounting or other nature supplied by licensees, the National Concessionaire and its associates. 2. The licensees, the National Concessionaire and its associates, as well as the persons or entities which cooperate with them, shall keep confidential all data or information supplied by the supervising Ministry. 3. The duty of confidentiality in respect of the information referred to in this Article shall expire after the period set forth in the relevant license or Concession Decree. 4. The provisions of this Article shall not be applicable whenever such data or information is to be provided to other entities as a requirement of the law, namely for budget and statistical purposes." | Petroleum Activites Act 10/04 art. 77, but no mention of other SOE's | |
| Burkina Faso | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et dont l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public | On the one hand, excludes commercial bodies, but then covers bodies where the management is under public control. | |
| Canada | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 3 In this Act, "alternative format" with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; "Court" means the Federal Court; "designated Minister" means a person who is designated as the Minister under subsection 3.2(1); "foreign state" means any state other than Canada; "government institution" means (a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; "head", in respect of a government institution, means (a) in the case of a department or ministry of state, the member of the Queen's Privy Council for Canada who presides over the department or ministry, or (b) in any other case, either the person designated under subsection 3. 2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; "Information Commissioner" means the Commissioner appointed under section 54; "record" means any documentary material, regardless of medium or form; "sensory disability" means a disability that relates to sight or hearing; "third party", in respect of a request for access to a record under this Act, means any person, group of persons or organization other than the person that made the request or a government institution. 68. This Act does not apply to (a) published material or material available for purchase by the public; (b) library or museum material preserved solely for public reference or exhibition purposes; or (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. | 3 - definition of government institutions. However, some Crown corporations are excluded by section 68. | |
| Cape Verde | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 3(1) This law applies to the following bodies and entities: g) Associations or foundations governed by private law, in which the bodies and entities provided for in this number exercise management control powers or appoint, directly or indirectly, the majority of the holders of the administrative, management or supervisory body; | Not clear this would cover all State-owned enterprises. | |
| Chile | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. | Art 2 - applies to public companies, but according to experts they are subject to proactive publication requirements, but not information requests. | |
| China | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 55 Follow the relevant laws, regulations, and provisions of the competent State Council departments or bodies to implement disclosure of information produced or obtained by public enterprise or public institution units in the course of providing social public services in areas closely linked to the people's interests, such as education, health, water, electricity, gas, heat, environmental protection, and public transport. The competent departments for open government information work for the entire nation are to draft special provisions as required by actual conditions. Where public enterprises and public institutions provided for in the preceding paragraph failing to disclose information that is produced or obtained in the course of providing public services in accordance with relevant laws, regulations, and provisions of the relevant competent departments or bodies under the State Council; citizens, legal persons, or other organizations may make a collateral appeal to the relevant supervisory department or body, and departments or bodies receiving such appeals shall promptly investigate and handle them, and inform the complainant of the outcome of the handling. | Article 55 references information disclosure by public enterprises which provide social public services and seems to have some limited application, although it also states these shall be government by specialised rules. | |
| Colombia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | N/A | SOEs are not listed within the law, but have been included within the ambit of the RTI law by the constitutional court, with an exception for their commercial and industrial activities. Because this should be protected through a specific exception however, rather than a broad exclusion, they lose a point. | |
| Fiji | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 2. “Government company” means a company where all of the stock or shares in the capital is or are beneficially owned by the Government, whether such shares are held in the name of a Minister, public officer, nominee of the State or otherwise; [...] | Only if 100% government owned but control exists at 50% ownership and often at much lower levels. | |
| Ireland | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | N/A | Most State-owned enterprises are excluded (Part 2 of Schedule - Exempt agencies). | |
| Italy | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 2-bis (2)(a) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: (a) economic public bodies and professional associations; [...] | In principle these are included, but, any listed companies are not covered, hence only 1 point. | |
| Japan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 42 Information Disclosure by Public Corporations Regarding corporations that were founded directly by law or founded through special establishing acts brought about by special laws (Excluding corporations not subject to Article 4, subparagraph 11 of the Management and Coordination Agency Establishment Law (Law No. 79 of 1973). Hereinafter referred to as "public corporations."), in accord with their character and type of business, the government shall take necessary measures such as legislative measures relating to the disclosure of information held by public corporations in order to promote the disclosure and provision of information held by public corporations. | Article 42 seems to extend somewhat to these bodies, but our expert says SOE's aren't covered except for some state-run non-profits in 2(5). | |
| Kosovo | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 1 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.8) Public companies in which the state owns a majority of shares or which exercise a public function under sub-paragraph 1.1.3 of this Article. | Excludes some enterprises where the state owns a controlling portion of voting shares that does not amount to a simple majority. | |
| Kuwait | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Only covers companies where the State owns a more than 50% share but control can come at much lower levels than this. | |
| Lebanon | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 6 – Private establishments and companies tasked with administrating a public utility or property. 7 – Mixed companies. 9 – All public law persons. | Not clear if this covers all State-owned enterprises. | |
| Liechtenstein | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 2. | Not specifically mentioned. | |
| Maldives | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 72(f) “State Institute” shall include the executive, the legislative the judiciary, independent institutions, independent institutes, security services and councils elected under the Constitution. Also included are those bodies party to any State responsibilities, those functioning under the State budget and those receiving assistance from the State budget; | Would only cover State owned enterprises that were funded by the State or that undertook public functions, which is not necessarily all of them. | |
| Malta | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Art. 2. "<...> "public authority" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to subarticle (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." | ||
| Moldova | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 5. Subjects of the present law (2) Information providers, that is holders of official information required under the present law to provide such information to applicants, are: c) individuals and legal entities that, under the law or contract with public authorities, are empowered to provide some public services and to collect, select, preserve and hold official information, including data with private character. | This would cover some State-owned enterprises but it is not clear that all would be covered. | |
| Namibia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services; | Covers owned and funded but not controlled. | |
| Palau | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 4(3) "Governing body" means any government entity created under the Constitution of the Republic, by treaty, by law, by regulation, or by executive order, including quasi-government entities, such as, for example, Palau Public Utilities Corporation, Palau National Communications Corporation, National Development Bank of Palau, and any subdivisions of a government entity or quasi-government entity. | Only if created by law, regulation or executive order, although a few State-owned entities are listed. | |
| Panama | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1(8) Institución. Toda agencia o dependencia del Estado, incluyendolas... empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado. | This is unclear as to whether the qualifier "which have received or receive" State funds applies to companies of "mixed capital" or whether these are all included. Some benefit of the doubt given. | |
| Philippines | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Section 2: Coverage: This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order. | ||
| Qatar | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | مادة 2: تسري أحكام هذا القـانـون على الجهـات التالية ... (3) الشركات المملوكة للدولة بالكامل أو التي تساهم فيهما بنسبة (51%) من رأسمالها أو أكثر. 2. The provisions of this law apply to the following entities: ... (3) Companies wholly owned by the state or in which they contribute 51% of their capital or more. |
Limited to companies in which the State has 51% or more ownership whereas control can be present at much lower levels. | |
| San Marino | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1(2). Except as provided under Title IV, this law applies, this Act shall apply: a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration... | 1 point subtracted due to the lack of definition of "companies of the state" | |
| Saudi Arabia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 1 | 2. Public Entity: Any government or affiliated organization that manages, operates or maintains a public function or operates or maintains any elements of national infrastructure or provides a public service. 7.1 This Interim Regulation applies to all requests coming from any individual to access or obtain public information – unprotected – produced or held by public entities, regardless of the source, form or nature. | It is not clear these bodies are covered under the definition of public entity but some benefit of the doubt given. | |
| South Africa | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | ‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; | Only covers companies to the extent they are exercising a constitutional or statutory power | |
| South Korea | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 2(3) The term "public institution" means any of the following institutions: ... (d) Other institutions prescribed by Presidential Decree. PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: ... 2. Local public corporations and local industrial complexes pursuant to the Local Public Enterprises Act; 3. Institutions prescribed by Ordinance of local government, from among institutions falling under any of the following items: [LIST OMITTED]; 4. Special corporations established under special Acts | Not entirely clear that all State corporations are covered. | |
| Sweden | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 3: "The provisions of Freedom of the Press on the right of access to public documents of the authorities shall apply mutatis mutandis to documents of the corporation, partnership, economic associations and foundations where municipalities or county councils exercise judicial control. Such societies, associations and foundations are , for the purposes of this Act, equated with public authorities." | It only covers companies owned by municipalities and county councils. | |
| Uzbekistan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 8(2) State and administration bodies, self-governance bodies, social associations, and other non-state non-for-profit organizations, and public officials shall be obliged, in accordance with the procedure established by the legislation, to provide each individual with an opportunity of getting familiar with the information that involves his rights, freedoms, and legitimate interests; | Refers to not-for-profit organisations but not for-profit. Some benefit of doubt given in case included in self-governance bodies. | |
| Venezuela | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 4. Los órganos y entes del Poder Público Nacional, Estadal y Municipal, así como las organizaciones del Poder Popular cuando actúen en función administrativa o cuando presten un servicio público, tienen la obligación de garantizar el acceso a la información de interés público a todas las personas interesadas, de conformidad con la Constitución de la República Bolivariana de Venezuela y la ley. | Not explicitly covered but they may be included as part of "órganos y entes del Poder Público" so one point given | |
| Zambia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Public Finance Management Act, No. 1 0f 2018, s. 2 | ||
| Australia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | 4 Interpretation (1) In this Act, unless the contrary intention appears: ...prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council | These agencies can be made subject to the act through regulation, but are not mandated to be covered. | |
| Belgium | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | The law does not apply to state owned private bodies. | |
| Benin | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned | |
| Cook Islands | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Schedule 1. | Schedule 1 amended in 2009 to remove the clause "Companies: Any company in which 50% or more of the shares are owned by the Crown." | |
| Denmark | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Article provides that this law shall apply to some electricity and gas companies and heating plants. No mention about state-owned companies. | |
| Ethiopia | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Art 2(5) "Public Body" means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states. | Art 2(5) This law does not apply to state owned enterprises which are considered as private enterprises. Government owned enterprises are considered as private entities and not subject to the law. | |
| France | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Article 1 and 2. | ||
| Ghana | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, | "government" defined only as the executive and otherwise no indication that SOEs are included, | |
| Greece | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. | |
| Honduras | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. | |
| Iceland | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. | |
| Ivory Coast | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. | |
| Lithuania | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. | |
| Luxembourg | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | A1: Les personnes physiques et les personnes morales ont un droit d’accès aux documents détenus par les administrations et services de l’État, les communes, les syndicats de communes, les établissements publics placés sous la tutelle de l’État ou sous la surveillance des communes ainsi que les personnes morales fournissant des services publics, dans la mesure où les documents sont relatifs à l’exercice d’une activité administrative. Elles ont également accès aux documents détenus par la Chambre des Députés, le Conseil d’État, le Médiateur, la Cour des comptes et les Chambres professionnelles, qui sont relatifs à l’exercice d’une activité administrative. | Not mentioned | |
| Monaco | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | A2: Toute décision administrative prise par le Ministre d’État ou par toute autre autorité relevant des services exécutifs au sens de l’article 44 de la Constitution peut faire l’objet d’un recours administratif préalable. A22: Toute personne physique ou morale peut adresser à une autorité administrative mentionnée à l’article 2 une demande en vue de consulter un document administratif détenu par cette autorité et n’ayant pas donné lieu à une publication au Journal de Monaco , ni fait l’objet d’une diffusion publique par tout moyen, y compris électronique. Constitution: A44. - Le Ministre d'Etat représente le Prince. Il exerce la direction des services exécutifs. Il dispose de la force publique. Il préside, avec voix prépondérante, le Conseil de Gouvernement. | These do not seem to be covered. | |
| Morocco | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | 2. Au sens de la présente loi, on entend par : b) les institutions et les organismes concernés sont : — la Chambre des représentants ; — la Chambre des conseillers ; — les administrations publiques ; — les tribunaux ; — les collectivités territoriales ; — les établissements publics et toute personne morale de droit public ; — tout autre institution ou organisme de droit public ou privé investi de mission de service public ; — les institutions et les instances prévues au Titre XII de la Constitution. | Covers établissements publics but not entreprises. | |
| Mozambique | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. | Not mentioned | |
| Niger | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Not mentioned. | ||
| Switzerland | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Not specifically mentioned. | ||
| Taiwan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | No | |
| Tajikistan | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | N/A | ||
| Tanzania | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Section 2(1) This Act shall apply to Mainland Tanzania. (2) Without prejudice to the provisions of subsection (1), this Act shall apply to: (a) public authorities Section 3: "public authority" means any authority established by or under the Constitution, an Act of Parliament, recognized under any written law as a form of public office or forms part of any level of government; | Some SOEs might be created by law but most would presumably not be. | |
| Turkey | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." | Not mentioned. | |
| Ukraine | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | n/a |
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| Vietnam | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | See Article 9 | Not mentioned |
