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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3(6) Institutions include Offices of the President, National Assembly, the Judiciary, ministries, independent directorates, independent state commissions, local administrations, provincial councils, district councils, village councils, municipalities, municipal councils, 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(1)(a) Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law. | The law covers all authority or public entity created by the Constitution or by law |
Angola | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | N/A | Applies to all public institutions |
Argentina | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | Presumably these would be state funded |
Austria | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities, 1.2. of the organs of the legally established self-governing bodies, 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business. Explanatory Note, Re no. 2 (Art. 22a):...Re para. 1...The bodies and auxiliary bodies of the federal legislature (National Council, Federal Council, Court of Audit, Ombudsman Board), the bodies of the administration or the bodies entrusted with the management of federal and provincial administration business, the bodies of ordinary jurisdiction (including public prosecutors, cf. Art. 90a B-VG), the bodies of administrative jurisdiction (administrative courts and the Administrative Court) and the Constitutional Court are to be obliged to provide information of their own accord...Re para. 2: Access to information on request should be granted by the administrative bodies or the bodies entrusted with the conduct of federal or provincial administration business. The non-territorial self-governing bodies, in particular the statutory professional representative bodies, should only be obliged to grant access to their information to their members, insofar as requests for information relate to matters that they deal with in their own sphere of activity, as is already the case under the current legal situation | |
Azerbaijan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | Understood to be included within "State bodies" |
Bangladesh | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(b) "Authority means- (i) any organization constituted in accordance with the Constitution of the People's Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People's Republic of Bangladesh; (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; (v) any private organisation or in stitution run by foreign aid in grant; (vi) any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or (vii) any organisation or institution as may be notified in the official Gazette from time to time by the Government" | Art 2(b) includes all constititional bodies and any body established under any other act or ordinance, |
Belize | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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" includes public statutory bodies. |
Bosnia and Herzegovina | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2: "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, these bodies are included. |
Brazil | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) 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. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates. | The art. 3 clarifies that all state bodies are under the scope. So these bodies are included. |
Burkina Faso | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 | |
Colombia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 5. Scope. The provisions of this law the following persons shall be applicable as obligated parties: ... b) agencies, and independent or autonomous state entities and control; | See Art 5b which includes as duty-bearers all state independent and autonomous organs and organisms, including the control organs |
Croatia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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, so these are included. |
Cyprus | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 4 | |
Czech Republic | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 authorities, territorial self-administration entities and their authorities, and public institutions. (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." | |
Denmark | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Chapter 1, Section 1. "This Act shall apply to all activity exercised by public administrative authorities, but see also Sections 2 and 3." | All Public bodies are included in the Chapter 1, Section 1, which provides: "This Act shall apply to all activity exercised by the public administration". |
Dominican Republic | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ARTICLE 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: a) Organismos y entidades de la administración pública centralizada;(...) c) Organismos y entidades autárquicos y/o descentralizados del Estado; | |
East Timor | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | Not really clear but benefit of doubt given. |
Ecuador | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ARTICLE 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ARTICLE 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. | |
Ethiopia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | |
Fiji | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2. “public agency” means - (a) an office created by, or continued in existence under, the Constitution; (b) an office in respect of which the Constitution makes provision; (c) a commission established by, or continued in existence under, the Constitution or any written law; (d) a Government ministry, department, division or unit; (e) a disciplined force; (f) a court or tribunal established by, or continued in existence under, the Constitution or any written law; (g) a statutory authority; (h) a Government company; or (i) an office established by written law, | |
Finland | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | [Principles of Openness] Article 4(1) For the purposes of this Act, authorities are defined as: [...] (5) the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in paragraph (2). | "including...other independent institutions subject to public law" - by the lecture of the article, it seems that all the mentioned bodies are included. |
Gambia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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; | |
Germany | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Artículo 6. [...] (4) Todas las entidades centralizadas, descentralizadas y autónomas; [...]. | |
Honduras | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (4) Instituciones obligadas: a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado; [...] | Article 3(4)(a) applies. |
Hungary | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2(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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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. | |
Ireland | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 6(1) covers these. | |
Israel | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | N/A | Yes - expansive definition. |
Italy | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2-bis (2)(b) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: [...] (b) public control bodies as defined by article 2 of the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015. Listed companies as defined by the aforesaid decree are excluded; [...] | |
Jamaica | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
Kazakhstan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2 [...] "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; [...] | |
Kosovo | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo; (1.1.6) Independent institutions listed in, or established under Chapter XII of Constitution of the Republic of Kosovo. | Chapter XII of the Constitution cites specific independent institutions such as the ombudsperson and elections commission but also covers all independent agencies in general. 3(1.1.2) would appear to cover any oversight bodies that were not covered by the Constitution. |
Latvia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | |
Lebanon | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 1 – The state and its public administrations. 2 – Public institutions. 3 – Independent administrative bodies. 9 – All public law persons. 10 – Bodies that regulate sectors, particularly the Petroleum Administration, the Sovereign Fund, and other funds. | |
Liberia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2. “public body” means the Government, a statutory body, or any other body appointed by the Government to carry out public functions. | Schedule 4. Institutions and organizations whether established by or under an Act of Parliament or otherwise, in which the Government holds shares or exercises financial or administrative control and persons in the service of those institutions and organisations. Schedule 6: Commissions and persons in the service of those commissions established by or under the Constitution or any Act of Parliament. |
Maldives | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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; | Seems to cover all of these "independent" bodies. |
Mexico | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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. | |
Moldova | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities; b) local and central public institutions - organizations founded by the state represented by public authorities that are financed by the state budget, who are responsible for activities of administration, those in social-cultural domains or other non-commercial activities; 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. | Seems to cover all bodies established by law. |
Mongolia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.5. State central administrative or other state administrative organizations; | state administrative entities but not entirely clear what this covers |
Montenegro | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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;" | |
Morocco | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2. 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 all statutory bodies and the oversight bodies in Title XII of the Constitution |
Namibia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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... Schedule 1, 2 and 3 of Public Service Act (via s. 1 of Public Service Act). | |
Nepal | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(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. | |
Netherlands | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 2 | Section 1.a: \"This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, municipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" | Its are not included under the scope. |
Nicaragua | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. d. Otras Entidades o Instituciones sometidas a la Ley de Acceso a la Información Pública: Toda entidad mixta o privada que sea concesionaria de servicios públicos; y las personas de derecho público o privado, cuando en el ejercicio de sus actividades actúen en apoyo de las entidades antes citadas o reciban recursos provenientes del Presupuesto General de la República sujetos a la rendición de cuentas. | |
Niger | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Responsible for public services. | |
Nigeria | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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;<...>". | |
Pakistan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(ix)(b) any Federal and any municipal or local authority set up established by or under any Federal law; (f) any incorporated or unincorporated body of the Federal Government functioning under the control or authority of another public body or wherein one or more public bodies own or have controlling interest or provide substantial funding | |
Palau | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | Presumably all oversight bodies are created by some sort of legal instrument. |
Panama | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Artículo 1: Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así: (...) 8. Institución: Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las 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.(...) | Article 1(8) of Law 6 of 2002 seems to cover this. |
Paraguay | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(i) i) Mixed binational commissions and participating entities in the Republic of Paraguay. The officers, directors and Paraguayan directors of these public agencies shall ensure the effective exercise of the right of people to seek and receive information of the public. | |
Peru | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2 Entidades de la Administración pública: Para efectos de la presente Ley se entiende por entidades de la Administración Pública a las señaladas en el Artículo I del Título Preliminar de la Ley Nº 27444, Ley del Procedimiento Administrativo General.
Ley del Procedimiento Administrativo General I Ámbito de aplicación de la ley: La presente Ley será de aplicación para todas las entidades de la Administración Pública. Para los fines de la presente Ley, se entenderá por “entidad” o “entidades” de la Administración Pública: ...6. Los Organismos a los que la Constitución Política del Perú y las leyes confi eren autonomía. 7. Las demás entidades, organismos, proyectos especiales, y programas estatales, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto, se consideran sujetas a las normas comunes de derecho público, salvo mandato expreso de ley que las refi era a otro régimen (...) |
General Administrative Procedural Law #27444, Article I mentions other creatures of statute, constitutionally mandated bodies, other public institutions, legal authorities, etc. |
Poland | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. | The article contains the principle by which all the public authorities are included under the scope of the act. |
Portugal | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2: 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government - municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity. | |
Rwanda | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2(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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 7 | established by the constitution or statute |
San Marino | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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... | |
Serbia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | The definition provided in the article seems to cover this. |
Seychelles | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | Legal or constitutional bodies |
Sierra Leone | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ... | |
Slovenia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Art 1. "(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as "the bodies")." | |
South Africa | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | ‘‘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; | |
South Korea | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: (i) The National Assembly, courts, the Constitutional Court, and the National Election Commission; (ii) Central administrative agencies (including organizations under the control of the President and organizations under the control of the Prime Minister) and institutions affiliated thereto; (iii) Committees under the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies; ... (c) Public institutions under Article 2 of the Act on the Management of Public Institutions; (d) Other institutions prescribed by Presidential Decree. | Again, not 100% sure that all are covered but benefit of doubt given. |
South Sudan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Definition of "public body" under Art. 5 covers this comprehensively. | |
Sri Lanka | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Section 43. In this Act, unless the context otherwise requires public authority means (b) any body or office created or established by or under the Constitution, any written law, other than the Companies Act No. 7 of 2007, except to the extent specified in paragraph (e), or a statute of a Provincial Council; ... (k) private educational institutions including institutions offering vocational or technical education which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council; | |
Sweden | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4 and 5. | Article provides:\"A single body shall, for the purposes of this Act, be treated as a public authority when it deals with such public documents held by it under the Act\" |
Taiwan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | N/A | Yes - http://www.twmedia.org/filedonwload/ncc/ncc_04.pdf |
Thailand | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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- The law also applies to "professional supervisory organisations" and "independent agency of the State" |
Togo | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 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 other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | Section 4 includes statutory bodies and commissions established under the constitution. |
Tunisia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Art. 2 - La présente loi s’applique aux organismes suivants : ... - les instances constitutionnelles - les instances publiques indépendantes - les instances de régulation | |
Turkey | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] f) Board: The Board of Review of Access to Information." | |
Uganda | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2. 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 |
Ukraine | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 13. 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; | The article seems to cover all these bodies. Moreover, considering that the definition of "State authorities" covers all branches of power and some special bodies which are not formally included in any of branches, other public authorities and independent oversight bodies should be included. |
United Kingdom | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Schedule 1 of the Act. | The House of Lords Appointments Commission -- which might be regarded as constitutional -- is subject to FOI. Oversight bodies such as the Parliamentary Ombudsman, Local Government Ombudsman, Information Commissioner, National Audit Office, Audit Commission etc are also covered. |
United States | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | FOIA applies to all federal regulatory bodies - http://www.gwu.edu/~nsarchiv/nsa/foia/guide.html | |
Uruguay | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | N/A | Expert claims definition of "estatales y no estatales" includes all bodies here. |
Uzbekistan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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; | Does not explicitly refer to constitutional and statutory bodies but these would seem to be covered by "State bodies" |
Venezuela | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 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. | "órganos y entes del Poder Público" includes bodies such as the Comptroller General and the National Electoral Council |
Yemen | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2: "<...> 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. |
Zambia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Public Finance Management Act, No. 1 0f 2018, s. 2 | |
Andorra | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Article 3. 1 (Subjective scope), 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. Article 3. 1 ( Subjective scope) , 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. | 1= Citizen's Ombudsman, Court of Audit Article 3.1c) |
Antigua and Barbuda | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 3(1) For the purpose of this Act, a public authority means: (d) a body (i) established by or under the Constitution or any other law 7 This Act does not apply to (a) a commission of inquiry or the proceedings and findings of such a Commissions of Inquiries Act; | Art 3(1)(d)(I), but does not apply to commissions of inquiry (Art 7(a)) |
Bahamas | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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); ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... (2) The Minister may, after consulting the entity concerned where he considers such consultation appropriate, by Order, declare , that this Act shall apply to— (a) such companies, in addition to those specified in paragraph (c) (i) of the definition of “public authority”, as may be specified in the Order; (b) any other body or organization which provides services of a public nature which are essential to the welfare of the Bahamian society, or to such aspects of their operations as may be specified in the Order; (c) any other body or organization which receives government appropriations on a regular basis. (3) An Order under subsection (2) may be made subject to such exceptions, | Yes, but the Minister may exclude these bodies; also, not clear it covers constitutional bodies. |
Canada | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | N/A | The schedules list some but not all of these bodies. For example, the Secretariat to the National Security Intelligence Review Agency (NSIRA) is listed, but NSIRA itself is not. |
Cape Verde | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 3(2( The provisions of this law are also applicable to documents held or drawn up by any entities endowed with legal personality that have been created to specifically satisfy general interest needs, without an industrial or commercial nature, provided that one of the following is verified circumstances: a) The respective activity is mostly funded by any of the entities referred to in the previous number or in this number; b) The respective management is subject to control by one of the entities referred to in the previous number or in this number; c) The respective administrative, management or supervisory bodies are composed, in more than half, by members appointed by any of the entities referred to in the previous number or in this number. | Again not very clear, for example if these bodies were created or funded by parliament. |
Chile | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | 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 mentions any body that is created to serve a public function, but this only applies to organs of the executive or municipalities |
China | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 3 All levels of people's government shall improve the organizational leadership of open government information efforts. . . 10 . . . Where remote or internal bodies established by administrative organs perform administrative management functions to the public in their own name in accordance with laws and regulations, the remote or internal bodies may be responsible for performing open government information work related to the administrative management functions they perform. 27 In addition to the government information proactively disclosed by administrative organs; citizens, legal persons, or other organizations may apply to obtain relevant government information to local people's governments at all levels, or the departments of people's governments at the county level or above that perform administrative management functions in their own name (including remote and internal bodies provided for in paragraph 2 of article 10 of this regulation). 54 These Regulations apply to open government information activities of organizations that are authorized by laws or regulations to have public affairs management functions. 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. | Not clear but some benefit of the doubt given. |
Cook Islands | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 2. "Interpretation (...) (6) For the avoidance of doubt, it is hereby declared that the terms "Ministry" and "organisation" do not include (...) (b) in relation to its judicial functions, a Tribunal; (...)" | Art 2(6)(b) excludes tribunals, apart from their administrative functions. |
Costa Rica | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | N/A | The decentralised public institutions are covered by Directriz Ejecutiva N 073-MP-MEIC-MC. These include some autonomous and semi-autonomous bodies but does not appear to comprehensively cover all those falling under this indicator. |
Ghana | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 79 This Act docs not apply to information held by the national archives, libraries and museums to which the public have access. 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Not clear if these would be considered to be part of the executive or otherwise as public institutions. |
Guinea | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 1. - Organismes: Les administrations et institutions publiques ou privées chargées de missions de service public ou bénéficiant de financement, de subvention ou d'actifs de l'Etat pour l'accomplissement de ces missions. 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: - la Présidence de la République et ses organismes ;- la Primature et ses organismes ;- les ministères et Secrétariats Généraux, les différents organismes sous tutelle à l'intérieur ou à l'étranger;- les entreprises, les établissements publics, et leurs représentations à l'étranger ;- les organismes publics locaux et régionaux ;- les collectivités locales ;- les Autorités Administratives Indépendantes ;- les Autorités de régulation ;- les personnes de droit privé chargées de gestion d'un service public;- les organisations et les associations et tous les organismes bénéficiant d'un financement public.5. Ne sont pas considérés comme documents administratifs communicables au sens de la présente loi, les actes et documents élaborés ou détenus par les assemblées parlementairés, les documents de la Cour des comptes et de la Cour Constitutionnelle, les documents d'instruction des réclamations addressées au Médiateur de la République, les documents relatifs aux affaires judiciares en cours d'instruction, les documents classifiés par l'Etat conformément à la règlementation en vigueur sur las archives. | Covers bodies undertaking a public service and supported by state funding, which would cover most of these bodies. However, the exclusion for the ombudsman is not legitimate (privacy shoudl be protected by an exception). |
Guyana | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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 - public authority includes any commission established by law, but not commissions created by the president. |
Japan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 2 (Definitions) (1) The term "Administrative Organ" as used in this Act shall mean the following organs. (...) (vi) The Board of Audit | Board of Audit is covered under the law (Article 2(6)). |
Kuwait | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | 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. | Does not refer to these bodies although they might be covered under "other public judicial persons". |
Kyrgyzstan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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. | It is not clear that every body which is created by law is covered although this language clearly covers some such bodies. |
Luxembourg | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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. | Refers to selected oversight bodies but not clear it covers all of them. |
Monaco | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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. | Again not clear to what extent these are covered. |
Mozambique | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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. | Would seem to be covered |
New Zealand | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | N/A | The OIA does not apply to the Controller and Auditor General, nor to the Ombudsmen themselves, but does apply to another Officer of Parliament, the Parliamentary Commissioner for the Environment. For more on scope issues see pages 2-3 of the Ombudsmen 2010 submission to the Law Commission review of the OIA and LGOIMA available here |
Norway | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Section 2. Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" | Some of the bodies are excluded like the ones mentioned before. One point deducted because of that. Not specifically mentioned. |
Qatar | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | مادة 2: تسري أحكام هذا القـانـون على الجهـات التالية (1) الوزارات والأجهزة الحكومية الأخرى والهيئات والمؤسسات العامة والجهات التابعة لأي منها. 2. The provisions of this law apply to the following entities: (1) Ministries, other government agencies, public bodies and institutions, and entities affiliated with any of them. |
It seems unlikely that all constitutional and statutory bodies are covered but some benefit of the doubt given that some will be covered. |
Saudi Arabia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 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. |
Spain | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Artículo 2. (Ámbito subjetivo de aplicación). 1. Las disposiciones de este título se aplicarán a: c) Los organismos autónomos, las Agencias Estatales, las entidades públicas empresariales y las entidades de Derecho Público que, con independencia funcional o con una especial autonomía reconocida por la Ley, tengan atribuidas funciones de regulación o supervisión de carácter externo sobre un determinado sector o actividad. 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. f) La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de España, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Económico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho Administrativo. | Aunque la Ley se plica sobre un amplio número de órganos estatales solo se podré acceder a información sobre aquellas actividades sujetas a Derecho Administrativo. |
Sudan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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. | Again, not very clear if these bodies are covered. |
Switzerland | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. <..>" | |
Tanzania | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 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; | Covers all bodies created by law but presumably some of these bodies might not be created in that way. |
Vanuatu | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 3. Government agency includes: (a) the State; and (b) the Government; and (c) a Constitutional entity; and (d) any other Government agency that is prescribed by the Minister under subsection 2(4); | Not entirely clear that it covers all statutory bodies. |
Vietnam | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | See Article 9 | Seems to cover at least some of these. |
Zimbabwe | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 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; | Covers statutory but not constitutional bodies |
Australia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | There is a patchwork of clauses relating to various tribunals, agencies and commissions, most of which are only subject to the law if included by regulation. The regime is far too convoluted and riddled with exceptions to merit a point here. |
Belgium | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | |
Benin | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned |
Bolivia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | 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. | Not mentioned |
Estonia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
France | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | Article 1 and 3; excludes bodies. | |
Greece | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
Iceland | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
Ivory Coast | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | Article 2. | |
Lithuania | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
Malta | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | Art. 5. "(1) Subject to subarticle (2), this Act shall not apply to documents that - Cap. 363. (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act ; (b) are subject to the Freedom of Access to Information on the Environment Regulations or to any other regulations made under the Environment Protection Act and providing for freedom of access to information; Cap. 477. (c) have been transferred to the National Archives in accordance with the National Archives Act; (d) are accessible to the public under any other law; (e) are available for purchase by the public in accordance with arrangements made by a public authority; or (f) are held by a commercial partnership in which the Government or another public authority has a controlling interest, in so far as the documents in question relate to the commercial activities of the commercial partnership." | Election commission, Ombusdman, National Audit are excluded |
Philippines | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | |
Slovakia | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | NO | 0 | N/A | Not mentioned. |
Tajikistan | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 0 | N/A |
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