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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3(6) Institutions include … . 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. | |
| Antigua and Barbuda | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3(1) For the purpose of this Act, a public authority means: (d) a body (ii) owned, controlled or substantially financed by the Government from public funds (iii) carrying out a function conferred by law or by executive action, or a public function conferred by the Government, only to the extent of that function. | |
| Argentina | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | ARTÍCULO 7° — Ámbito de aplicación. Son sujetos obligados a brindar información pública: 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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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. | Covers state funded and then provides for a long list of public functions, although this might not include everything. |
| Bangladesh | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(b)(iv) Authority means: "any private organisation or institution run by government financing or with aid in grant from the government fund;" 2(b)(vi) Authority means: "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" | Art 2(b)(iv) for gov't funding, 2(b)(vi) includes public functions. |
| Bosnia and Herzegovina | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the bodies referred to in the indicator are included. |
| Bulgaria | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3. This act shall also apply to the access to public information, which is created by and kept with: (1) bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; (2) individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. | The art. 3 clarifies that all state bodies are under the scope. Also bodies, subject to the public law (which has a public function), the individual and legal entities are financed with public funds. |
| Colombia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 5. Scope. The provisions of this law the following persons shall be applicable as obligated parties: ... c) Natural and legal persons, public or private, to provide public service, providing public services for information directly related to the provision of public services; d) Any natural person, legal entity or reliance person holding public authority or public function, for information directly related to the performance of their duties; ... Natural or legal persons receiving or intermediating funds or territorial and national public benefits and do not meet any other requirements to be considered obligated only must comply with this Act in respect of that information produced in connection with public funds received or as intermediaries. | |
| Costa Rica | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | N/A | Affirmed by Constitutional jurisprudence. See Res. 3795-2002 del 24 de abril del 2002 ("Ahora bien, si la empresa recurrida capta dinero de los administrados por los servicios públicos que presta, es de interés público también conocer cómo se administran esos dinero) and Res. 3795-2002 del 24 de abril del 2002 as excerpted at https://www.pgr.go.cr/wp-content/uploads/2017/05/Sujeto_pasivo.pdf. Also see the full list here of decentralised public institutions covered by Directriz Ejecutiva 073: https://documento+G6s.mideplan.go.cr/share/s/C-XsB5mMTZiieoxEob_7Vg. |
| Croatia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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; | |
| Denmark | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Chapter 1, Section 3. "After consulting with the Minister for Justice, the minister concerned may stipulate that this Act shall apply also to specified companies, institutions, associations etc. that cannot be classified as part of the public administration, provided that the operating expenses of such entities are mainly covered by central or local government funds or to the extent that they are empowered by law or provisions laid down pursuant thereto to make decisions on behalf of central or local governments. The minister concerned may also lay down more detailed rules on document filing etc." | |
| Dominican Republic | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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:(...) f) Organismos e instituciones de derecho privado que reciban recursos provenientes del Presupuesto Nacional para la consecución de sus fines; ARTICLE 2. Este derecho de información comprende el derecho de acceder a las informaciones contenidas en actas y expedientes de la administración pública, así como a estar informada periódicamente, cuando lo requiera, de las actividades que desarrollan entidades y personas que cumplen funciones públicas, siempre y cuando este acceso no afecte la seguridad nacional, el orden público, la salud o la moral públicas o el derecho a la privacidad e intimidad de un tercero o el derecho a la reputación de los demás. También comprende la libertad de buscar, solicitar, recibir y difundir informaciones pertenecientes a la administración del Estado y de formular consultas a las entidades y personas que cumplen funciones públicas, teniendo derecho a obtener copia de los documentos que recopilen información sobre el ejercicio de las actividades de su competencia, con las únicas limitaciones, restricciones y condiciones establecidas en la presente ley. Párrafo: Para los efectos de esta ley se entenderá por actas y expedientes a todos aquellos documentos conservados o grabados de manera escrita, óptica, acústica o de cualquier otra forma, que cumplan fines u objetivos de carácter público. No se considerarán actas o expedientes aquellos borradores o proyectos que no constituyen documentos definitivos y que por tanto no forman parte de un procedimiento administrativo. | Article 1(f). Article 2 includes right to realize queries on entities with a public function |
| Ecuador | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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 3 Ambito de Aplicación de la Ley.- Esta Ley es aplicable a: (...) c) Las personas jurídicas cuyas acciones o participaciones pertenezcan en todo o en parte al Estado, exclusivamente sobre el destino y manejo de recursos del Estado; (...) e) Las corporaciones, fundaciones y organismos no gubernamentales (ONG's) aunque tengan el carácter de privadas y sean encargadas de la provisión o administración de bienes o servicios públicos, que mantengan convenios, contratos o cualquier forma contractual con instituciones públicas y/u organismos internacionales, siempre y cuando la finalidad de su función sea pública; (...) g) Las personas jurídicas de derecho privado, que realicen gestiones públicas o se financien parcial o totalmente con recursos públicos y únicamente en lo relacionado con dichas gestiones o con las acciones o actividades a las que se destinen tales recursos;(...) | Art 1 includes publicly financed institutions. 3(c) and 3(e) seem to cover institutions performing a public role. 3(g). |
| El Salvador | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | ARTICLE 7 "(...)organismo que administre recursos publicos, bienes del Estado o ejecute actos de la administración publica en general." Also - bodies that "ejecuten actos de la función estatal.(...)" | |
| Estonia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 5. Holders of information: " 3) The following are deemed to be equal to holders of information: 1) undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies "with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto; 2) sole proprietors, non-profit associations, foundations and companies “with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support." | |
| Gambia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 1 "public body" means a body - (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. | The definitions could create some confusion here since the s. 1 definition of a public body includes any body established for public purposes or under public funding or control under 1(e), presumably including private bodies; but then s. 3(b)-(c) appears to define some private bodies as distinct from public bodies (s. 3(a)). This could be slightly misleading since the obligations to provide access all apply to "public bodies". Nonetheless, the intent to cover private bodies is clear, so full points still awarded. |
| Georgia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 27 – Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution – an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution – a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution – a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official – an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | "Public institution" means a state or self-government agency or institution...or artificial person of Public Law or Private Law that receives funding from the State Budget". The "performing of public function" is questionable, for example, in the case of Georgian Railway, the company, which is dealing with all the railway related issues in Georgia, is not funded by the state budget, and it's legal status is just private company. The same happens with the water, electricity etc., despite these companies deals with issues of public interest. |
| Germany | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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. | |
| Ghana | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 83(2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector. 84 "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Explicitly covers private bodies that receive funding or that provide a public function and the Minister may extend to other private bodies. |
| Guatemala | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Artículo 6. [...] (30) Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado; (31) Las empresas privadas a quienes se les haya otorgado mediante permiso, licencia, concesión o cualquier otra forma contractual la explotación de un bien del Estado; [...] (35) Comités, patronatos, asociaciones autorizadas por la ley para la recaudación y manejo de fondos para fines públicos y de beneficio social, que perciban aportes o donaciones del Estado. | |
| Guinea | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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. | |
| Ireland | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 6(1). | |
| Italy | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2-bis (2)(c) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: [...] (c) private associations, foundations and bodies however named, including those without legal personality, having a budget exceeding five hundred thousand Euro, whose activity is for the most part financed, for at least two consecutive fiscal years in the last three-year period, by public administrations and in which all of the members/participants of their bodies of management or direction are appointed by public administrations. Article 2-bis (3) The same legislation governing the public administrations under paragraph 1, shall apply, mutatis mutandis, only with respect to the data and documents concerning the activity of public interest regulated by domestic law or European law, to semi-public companies as defined by the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015, and the associations, foundations and private bodies, including those without legal personality, having a budget exceeding five thousand Euro, and performing administrative functions, activities of production of goods and services in favour of public administrations or of management of public services. | |
| Ivory Coast | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 1. Au sens de la présente loi, on entend par: document définitif: tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public; document public: tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics; information d’intérêt public: toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. Organismes publics: l’Etat et ses démembrements; les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur; les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. | |
| Kazakhstan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 8 Information holders are: [...] (4) legal entities [ receivers of budget funds, in respect to information concerning the usage of funds received from state budgets; (5) legal entities - subjects of the market which enjoy a dominant or monopoly status in the market, in respect to information concerning prices for goods (works, services) produced (sold) by them; (6) legal entities possessing information concerning ecological situation, emergency situations, natural and technogenic catastrophes, their forecast and consequences, fire security, sanitary-epidemiological and radiation conditions and food security and other factors which create a negative impact on health and security of people, settlements and industrial objects. | |
| Kenya | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2 [...] "private body\" means any private entity or non-state actor that - (a) receives public resources and benefits, utilizes public funds, engages in public functions, provides public services, has exclusive contracts to exploit natural resources (with regard to said funds, functions, services or resources); or (b) is in possession of information which is of significant public interest due to its relation to the protection of human rights, the environment or public health and safety, or to exposure of corruption or illegal actions or where the release of the information may assist in exercising or protecting any right; [...] | |
| Kosovo | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo. | |
| Latvia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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; <...>". | |
| Liberia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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." | |
| Maldives | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 68. Associations and Organizations functioning in the Maldives under funds from state budget, or under funds received from a foreign government, or under funds from an international body, notwithstanding what is stated otherwise in another statute, shall be applicable to all the provisions that are applicable to the State Institutes under this Act. And all provisions of this Act that are administered upon State Institutes shall be equally applied to these bodies to the best level. 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 bodies either funded by the State or undertaking State responsibilities (i.e. public functions). |
| Malta | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Art. 2. definition of public authority. Art. 18. (1) Regulations may be issued under this Act to establish a right of access to information which is held by bodies or persons other than public authorities or the employees thereof, and which pertains to: (a) services provided to the public by such bodies or persons on behalf of the Government or another public authority; or (b) projects or initiatives which are undertaken by such bodies or persons but financed by the Government or another public authority. (2) The giving of access to any information to which subarticle (1) applies shall be subject to the provisions of any regulations made under this Act." | |
| Mexico | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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. | |
| Montenegro | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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;" | |
| Namibia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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... 29. The Information Commissioner may, in writing, exempt a category of organisations operating on a non-profit basis which are public entities by virtue of paragraph (c)(ii) of the definition of public entity from any obligation under this Act. | Both although the IC has power to exempt non-profit organisations performing public functions from obligations under the act. |
| Nepal | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(a) "Public Body" means the following body and institution list: (5) Political Party or organization registered under the preventing law. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (8) Non-Governmental Organization/Institutions operated by obtaining money directly or indirectly from the Government of Nepal or Foreign Government or International Organizations/Institutions, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette. | Covers funding and (7) has been interpreted widely to cover private bodies that are registered under a law. |
| Nicaragua | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Artículo 1.- La presente Ley tiene por objeto normar, garantizar y promover el ejercicio del derecho de acceso a la información pública existente en los documentos, archivos y bases de datos de las entidades o instituciones públicas, las sociedades mixtas y las subvencionadas por el Estado, así como las entidades privadas que administren, manejen o reciban recursos públicos, beneficios fiscales u otros beneficios, concesiones o ventajas. La información privada en poder del Estado no será considerada de libre acceso público. Artículo 4.- Para los fines de la presente Ley, se establecen las siguientes definiciones: 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. | Article 1 and 4(d) seems to imply that both of these are covered. |
| Nigeria | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(ix)(d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government; (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; (g) any other organisation which undertakes a public function, to the extent of that function; (h) a non-governmental organisation which directly or indirectly receives or has received public funds, subsidy, tax exemption, piece of land or any other benefit involving public funds and any other non-governmental organisation or body registered under any law for the time being in force | |
| Panama | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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.(...). Artículo 2: Toda persona tiene derecho a solicitar, sin necesidad de sustentar justificación o motivación alguna, la información de acceso público en poder o en conocimiento de las instituciones indicadas en la presente Ley. Las empresas privadas que suministren servicios públicos con carácter de exclusividad, están obligadas a proporcionar la información que les sea solicitada por los usuarios del servicio, respecto de éste. | Article 1(8) of Law 6 of 2002 includes companies that receive funds from the state. Article 2 includes private companies performing a public function |
| Poland | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 4(1) To make public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 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. | Private bodies that receive public funding are not specifically mentioned. However, Article 61.1. of the Constitution means without doubt it is interpreted as covering both a) and b). |
| Portugal | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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); | |
| Russia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 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 a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2(4): private body: a body that is not a public organ but that carries any business in relation to public interest, or to rights and freedoms of people. 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 13: Private organs to which this Law applies are those whose activities are in connection with public interest, human rights and freedoms. A Ministerial Order shall determine private organs to which this Law applies. | Article 2(4) - public function. Article 2(5) - any organ that receives public money. See also Art 13. |
| Saint Kitts and Nevis | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 7 | substantially financed or carrying out a public function |
| Serbia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3 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. | |
| Sierra Leone | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | ... | |
| Slovakia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" | |
| Slovenia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Art 1.a "(1) This Act also governs the procedure which ensures everyone free access to and re-use of public information held by companies and other legal entities of private law and subject to direct or indirect dominant influence, individually or jointly, of the Republic of Slovenia, self-governing local communities and other entities of public law. (Hereinafter: business entities subject to dominant influence of entities of public law)." | |
| South Sudan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Art. 5 definitions of public body includes anything "substantially financed" by the government, or which carries out a public function. Also, see Art. 7, which allows access to information from a private body, if the info is necessary for the protection of a right. | |
| Sri Lanka | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Section 43. In this Act, unless the context otherwise requires public authority means (g) a private entity or organisation which is carrying out a statutory or public function or service, under a contract, a partnership, an agreement or a license from the government or its agencies or from a local body, but only to the extent of activities covered by that statutory or public function or service; ... (i) non-governmental organisations that are substantially funded by the government or any department or other authority established or created by a Provincial Council or by a foreign government or international organisation, rendering a service to the public in so far as the information sought relates to the service that is rendered to the public; (j) higher educational institutions including private universities and professional institutions 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; (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; | |
| Trinidad and Tobago | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 4. In this Act - "applicant" means a person who has made a request in accordance with section 13; "designated officer", in relation to a public authority, means the person referred to in section 7 (1)(a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capable of being produced from a machine-readable record by means of equipment or a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in Part IV; "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created by that authority, and whether or not it was created before the commencement of this Act and, for the purposes of this definition, a document is held by a public authority if it is in its possession, custody or power; "personal information" means information about an individual, including - (a) information relating to the race, national or ethnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individual except where they relate to another individual; (f) correspondence sent to a public authority by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the individual; and (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; "prescribed" means prescribed by the Minister by regulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliament or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, the High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) the Tobago House of Assembly, the Executive Council of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the Municipal Corporations Act, 1990; (g) a regional health authority established under the Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is assigned to a Minster of Government; (i) a company incorporated under the laws of the Republic of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Constitution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the President's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, by Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public authority means - (a) the Minister of Government to whom responsibility for the public authority is assigned; or (b) such Minister of Government as the President may, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House of Assembly established under the Constitution. | S. 4 definitions include both
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| Tunisia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Art. 2 - La présente loi s’applique aux organismes suivants : - 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. | |
| Vanuatu | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(1) This Act applies to: (b) information held by a private entity that may assist in the exercise or protection of the rights of a person... (3) For the purposes of paragraph (1)(a), this Act applies to information: (a) held by a relevant private entity that relates to any funding provided to it by the Government; or (b) relating to the public service or functions carried out by the relevant private entity whether funded in whole or in part by the Government or by another organisation. 3. public services or functions means services or functions that are essential to the welfare of the people of Vanuatu and which are provided or supported by the Government and its agencies, or by a non-government agency on behalf of the Government; | - |
| Albania | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2(1)(b) and (c) Public authorities are commercial companies where: ii) public functions are discharged, under the provisions of letter "c" of this point; (c) any natural or legal person, who is given by law, bylaw or any other form provided for by the legislation in force the right in discharge of public functions. | The law cover commercial entities performing a public function but does not state private bodies that receive significant public funding |
| Angola | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 3 The documents referred to in the next article are documents that originate or are held by institutions of the State that have government functions and bodies of public institutions as well as statutory societies and other entities that exercise public authority in terms of the law. | Art 3 mentions "entities that exercise public authority in terms of the law" |
| Austria | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area. 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business. 1.4. the bodies of foundations, funds and institutions subject to the control of the Court of Audit or a provincial court of audit. | Bodies performing state or federal administration are covered but this has been interpreted relatively broadly so one point allocated. Those receiving public funding are not covered. |
| Azerbaijan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 9.1.2. legal entities performing public functions (including public legal entities), as well as private legal entities and individuals providing services in education, health, culture and social spheres by normative legal acts or on a contractual basis. 9.3.2. non-profit organizations, extra-budgetary funds, as well as commercial associations in which the state is a member or participation - wholly or partly state-owned or dependent - on information related to the use of funds provided from the state budget or property allocated to them. | Covers legal entities performing public functions and then private legal entities providing services in the areas of education, health, culture or social sphere pursuant to law or a contract, as well as non-profits receiving public funding. Bit unclear re. exactly how far it goes in relation to public functions and only covers non-profit bodies receiving public funds. |
| Belize | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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;" | S 3 - definition of "prescribed authorities" includes corporations that perform a public function, but no mention of bodies that receive public financing. |
| Brazil | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2. The provisions of this Law are applicable, whenever possible, to non-profit private entities which receive, in order to perform actions of public interest, public funds directly from the budget or through social subventions, management contract, partnership term, agreements, deals, adjustments, or other instruments of the same kind. | Art 2 applies it to private entities that receive public funds. |
| Burkina Faso | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 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 | Covers bodies which are funded by the State but not those which undertake a public function. |
| Cape Verde | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | Would only cover these bodies if they operated on a non-commercial basis. |
| Cyprus | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | "Article 6 (Possibile additional definition of a public authority) 6.-(1) Για τους σκοπούς του παρόντος Νόμου, ο Υπουργός δύναται, με διάταγμά του που δημοσιεύεται στην Επίσημη Εφημερίδα της Δημοκρατίας, να καθορίσει ως δημόσια αρχή, πρόσθετα προς όσες καθορίζονται ήδη στο άρθρο 4, οποιοδήποτε πρόσωπο - (α) Το οποίο, κατά την κρίση του Υπουργού, ασκεί αρμοδιότητες δημόσιας φύσης· ή (β) παρέχει, δυνάμει σύμβασης με δημόσια αρχή, οποιαδήποτε υπηρεσία η παροχή της οποίας είναι αρμοδιότητα της εν λόγω δημόσιας αρχής: Νοείται ότι, διάταγμα που εκδίδεται δυνάμει των διατάξεων του παρόντος εδαφίου δύναται να αφορά είτε συγκεκριμένο σώμα ή αξίωμα, είτε σώματα ή αξιώματα που εμπίπτουν σε συγκεκριμένη κατηγορία, η οποία καθορίζεται στο διάταγμα. " | |
| Czech Republic | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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 autohorities, 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." | Private bodies that receive public funding are not included. |
| Ethiopia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | 2(5) includes bodies financed by the state, but not those which perform public functions. |
| Finland | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | [Principles of Openness] Article 4(2) To make public information available is the obligation of representative trade unions and employees organisations in the understanding of the Act of 6 July, 2001 on the Tripartite Committee for Social-Economic Matters and voivodship committees of social dialogue (Journal of Laws No 100, it. 1080, with later amend.) and political parties. | No mention about private bodies that receive the funding. |
| France | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 1 and 2. It does not apply to commercial entities owned by the state, only to entities charged with a "public mission" (they might not even be owned by the state, just have a contract). | |
| Guyana | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2. [...] "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 body corporate which exercises government function or acts on behalf of the state, but only applies to private bodies receiving funds from the state if the state controls them. |
| Honduras | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (4) Instituciones obligadas: [...] b) Las Organizaciones No Gubernamentales (ONG'S), las Organizaciones Privadas de Desarrollo (OPD'S) y en general todas aquellas personas naturales o jurídicas que a cualquier titulo reciban o administren fondos públicos, cualquiera que sea su origen, sea nacional o extranjero o sea por si misma o a nombre del Estado o donde este haya sido garante, y todas aquellas organizaciones gremiales que reciban ingresos por la emisión de timbres, por la retención de bienes o que estén exentos del pago de impuestos; [...] ARTICULO 13. INFORMACION QUE DEBE SER DIFUNDIDA DE OFICIO. Toda Institución Obligada esta en el deber de difundir de oficio y actualizar periódicamente a través de medios electrónicos o instrumentos computarizados; a falta de estos, por los medios escritos disponibles, la información siguiente: [...] (19) La información sobre actividades de empresas privadas que suministren bienes y servicios públicos con carácter de exclusividad o que celebren contratos financiados con recursos o fondos del Estado, será divulgada por medio de la entidad publica con la cual se hayan celebrado los contratos respectivos. | Article 3(4)(b) - any organization that receives or manages public funds is included, but no mention of private institutions which perform a public function. 13(19) mentions private institutions that perform a public function, but only to impose a requirement for disclosure upon the public entities which contract with them. |
| Hungary | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 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. | |
| Iceland | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. | Applies as private parties have been assigned official power to take decisions regarding individual rights or obligations. |
| India | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2(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; [...] | 2(h) - the right to obtain information about private entities performing a public function has been recognized be some high courts, but is not yet an accepted part of the legal framework. |
| Indonesia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | 1(3) includes entities receiving public funding or whose main duties relate to organizing the state. I don't think this exactly covers institutions serving a public function - so I'll deduct a point. |
| Iran | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | (K) Institutions liable under the law: Private institutions, public institutions and private institutions providing public service. | |
| Israel | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | N/A | Minister can apply it to these bodies, and has for some such bodies, but not all. |
| Jordan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | Companies that are "in charge of the management of a public facility". |
| Kyrgyzstan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 11.2. Subjects of the non-governmental sector: (1) legal entities occupying a dominant position in the market of goods and services, possessing a special or exclusive right or a natural monopoly in terms of providing access to information relating to the conditions of supply of goods and services, prices for them, changes in conditions and prices; (2) legal entities that do not have a state or municipal share of participation in the part of information related to the use of funds allocated from the state budget for the performance of socially useful duties. | Legal entities which are monopolies are covered in relation to some of the information they hold. Then, entities which perform "socially useful" duties with public funding are covered, in relation to the use of those funds. Together these would covers at least bodies undertaking public functions or operating with State funding but not all such bodies. |
| Lebanon | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 6 – Private establishments and companies tasked with administrating a public utility or property. 8 – Public benefit institutions. | Not clear if private institutions receiving public funds are covered. |
| Liechtenstein | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2. | |
| Luxembourg | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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 the provision of public services but does not appear to cover public funding |
| Malawi | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2. “public body” means the Government, a statutory body, or any other body appointed by the Government to carry out public functions. | Schedule 5: Non-Government organizations constituted for public benefit purposes and persons in their service. Schedule 7: Organisations contracted by Government to do work for government and persons in the service of those organisations. Seems to cover public functions but not necessarily public funding. |
| Moldova | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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: 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. | Covers bodies funded by the State and, in some cases, those undertaking public functions, but only where this is under law or contract and not otherwise. |
| Mongolia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.10. Non-governmental organizations executing the particular functions of the executive branch in accordance with the 19.1, of Mongolian Law on Government and | Public functions but no mention of entities receiving public funding |
| Morocco | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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 bodies with a public service mission but not funded bodies |
| Mozambique | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 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. Right to Information Law Regulation ARTIGO 2 (Scope) For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. | Covers both public function and funding but limited to information of public interest |
| Netherlands | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 3.1: Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter. | The article only mentions the enterprises which realize public functions. |
| New Zealand | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2. Interpretation (5) Any information held by an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the department or Minister of the Crown or organisation. | There was a limited provision for some companies where the government owns significant shares, but this doesn't seem to qualify under this heading. However, the OIA does apply to those carrying out contracts for government departments or other organisations within the scope of the Act, in their capacity as such a contractor - see section 2(5). |
| Niger | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2: Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute autre personne de droit public ou de droit privé chargée d’une telle mission. | Article 2 seems to include any body that carries out a public function, but no mention of public financing. |
| Norway | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 2. Scope of the Act "This Act applies to <...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person." | The article involves only private bodies that perform a public function.1 point deducted. |
| Peru | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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: ...8. Las personas jurídicas bajo el régimen privado que prestan servicios públicos o ejercen función administrativa, en virtud de concesión, delegación o autorización del Estado, conforme a la normativa de la materia. Los procedimientos que tramitan las personas jurídicas mencionadas en el párrafo anterior se rigen por lo dispuesto en la presente Ley, en lo que fuera aplicable de acuerdo a su naturaleza privada. |
Covers private bodies that perform a public function, but no mention of private bodies that receive public funding. |
| Qatar | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | مادة 2: تسري أحكام هذا القـانـون على الجهـات التالي (2) ... الجمعيات والمؤسسات الخاصة، وغيرها من الكيانات التي تباشر أعمالاً ذات نفع عام. 2. The provisions of this law apply to the following entities: ... (2) Private associations and institutions, and other entities that carry out work of public benefit. |
Private bodies which perform a public function are covered, but the law does not mention private bodies which receive public funding. |
| Romania | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2: 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; (b) Public information means any information related to or resulting from the activities of a public authority or organization, regardless of the frame, form or way of expression of the information. | It is included under the scope, no mention about the other. |
| San Marino | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 1(3). The provisions of this Act shall also apply to the Administration and to public or private persons providing a public service, if and insofar as they are compatible and subject to specific regulations. | Limited coverage because of the qualifications on persons providing public services (and no mention of bodies receiving public funding), but one point given. |
| Saudi Arabia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | While public functions are mentioned, public funding is not. |
| Seychelles | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | Financed but not public functions. |
| South Africa | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | ‘‘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; | Not public funding and only public functions if pursuant to legislation. |
| South Korea | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2(3) The term "public institution" means any of the following institutions: ... (d) Other institutions prescribed by Presidential Decree. PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: ... 5. Non-profit corporations which act as social welfare corporations and social welfare services receiving subsidies from the State or local government under Article 42 (1) of the Social Welfare Services Act; 6. Institutions or organizations receiving subsidies of not less than 50 million won annually from the State or a local government under, other than subparagraph 5, Article 9 of the Subsidy Management Act or the proviso to the part other than each subparagraph of Article 17 (1) of the Local Finance Act: Provided, That the information subject to information disclosure shall be limited to projects having received subsidies in the corresponding year. | Limited to publicly funded bodies. |
| Sudan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | Neither of these are really covered but one point given because Minister can designate bodies. |
| Switzerland | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 2: (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. <..>" | No mention about bodies that receives significant public funding (1 point loss). |
| Tanzania | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 2(2)(b) private bodies registered under any written law : (i) utilize public funds; or (ii) are in possession of information which is of significant public interest. | Covers bodies which "utilise" public funds and which possess information of significant public interest but not all bodies that perform public functions. |
| Togo | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 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. | Perform a public function but not if receive public funding. |
| Ukraine | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Article 13. Information Administrators 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; 2) legal persons that are funded from the state, local budgets, budget of the Autonomous Republic of Crimea – regarding information about the use of budget funds; 3) persons, if they perform delegated authorities of the subjects of public authority in accordance with the law or agreement, including delivery of education, health, social, or any other state services – regarding information connected with execution of their duties; | |
| United Kingdom | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 5: "(1) The Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in authorities. Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who-- (a) appears to the Secretary of State to exercise functions of a public nature, or (b) is providing under a contract made with a public authority any service whose provision is a function of that authority. (2) An order under this section may designate a specified person or office or persons or offices falling within a specified description. (3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons. (4) This section has effect subject to section 80." | This article allows the Act to be extended on a case by case basis to private bodies with public functions and to contractors providing services on behalf of public authorities, but this type of bodies are still not included under the scope of the act (1 point loss). |
| Uzbekistan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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 refer to funding or even public functions but would seem to cover at least some of the idea of performing a public function. |
| Yemen | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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, but no mention of private agencies performing a public function. |
| Zambia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2(1) ("private body") | |
| Andorra | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | "Scope: Article 3, D) d) The managerial positions of public bodies, parapublic entities and public companies and associations and foundational entities, whether general or communal, when the participation of the administration in its capital is majority or sufficient to have control over it." "Scope: Article 3, D) Els càrrecs directius dels organismes públics, de les entitats parapúbliques i de les societats i entitats associatives i fundacionals públiques, siguin generals o comunals, quan la participació de l’administració en el seu capital sigui majoritària o suficient per tenir-ne el control." | 0 = They have proactive disclosure obligations but no access to information. |
| Australia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 4 Interpretation (1) In this Act, unless the contrary intention appears: ...prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council | These agencies can be made subject to the act through regulation, but are not mandated to be covered. |
| Bahamas | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | not mentioned |
| Belgium | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | The law does not apply to private bodies. |
| Benin | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned |
| Bolivia | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | 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 |
| Canada | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Chile | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 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. | No - Art 2 does not cover either of these entities. |
| China | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | No mention of this |
| Cook Islands | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Private entities performing a public function may be included in Article 1(2)(E), but it is difficult to say for certain. |
| Fiji | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Greece | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Jamaica | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 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. Article 5(1) Subject to subsection (2), this Act applies to - [...] (3) The Minister may, by order subject to affirmative resolution, declare that this Act shall apply to - [...] (b) any other body or organization which provides services of a public nature which are essential to the welfare of the Jamaican society; [...] | 3(5)(3)(b) - The minister can order that it apply to these bodies but has yet to do so in the 7 years of operation of the Act and it is unclear what the procedure would be for making such a designation. It might apply but does not in fact apply. |
| Japan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 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. | Not specifically mentioned. |
| Lithuania | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Monaco | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | A2: Toute décision administrative prise par le Ministre d’État ou par toute autre autorité relevant des services exécutifs au sens de l’article 44 de la Constitution peut faire l’objet d’un recours administratif préalable. A22: Toute personne physique ou morale peut adresser à une autorité administrative mentionnée à l’article 2 une demande en vue de consulter un document administratif détenu par cette autorité et n’ayant pas donné lieu à une publication au Journal de Monaco , ni fait l’objet d’une diffusion publique par tout moyen, y compris électronique. Constitution: A44. - Le Ministre d'Etat représente le Prince. Il exerce la direction des services exécutifs. Il dispose de la force publique. Il préside, avec voix prépondérante, le Conseil de Gouvernement. | No mention of funding or public functions. |
| Palau | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | Not mentioned | |
| Paraguay | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | It is unclear whether 2(i) applies here. |
| Philippines | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | |
| Spain | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | Artículo 2 (Ãmbito subjetivo de aplicación): e) Las Corporaciones de Derecho Público, en lo relativo a sus actividades sujetas a Derecho Administrativo. | La Ley regula obligaciones de publicidad proactiva para partidos políticos, organizaciones sindicales, organizaciones patronales y para entidades privadas que perciban durante el periodo de un año ayudas o subvenciones. Pero las obligaciones de publicidad proactiva son limitadas y no garantizan el derecho a la solicitud de información. |
| Sweden | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | No mention about private bodies that performs public functions (1 point loss). The text cited is about State corporations (Indicator 10), not this Indicator. The Law also does not cover publicly funded bodies. |
| Taiwan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 4 A government agency as defined in the Law means any of the central government agencies, local government agencies, and institutes for experiment, research, education, culture, medicine, and management of special funds that are established by those agencies. Individuals, legal persons or entities that are delegated to exercise the state power are treated as government agencies within the scope of such delegation. | Covers bodies established by government agencies but not private bodies that get funding or which conduct public functions. |
| Tajikistan | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | |
| Thailand | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| Turkey | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." 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." | Not mentioned. |
| Uganda | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
| United States | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | FOIA does not apply to any private corporations | |
| Uruguay | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Expert claims estatales y no estatales does not include this. |
| Venezuela | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 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. | People power organisations (community organisations) when they have public functions but not others, so too limited to earn any points |
| Vietnam | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | See Article 9 | Not mentioned |
| Zimbabwe | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 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; | Act purports to cover information held by private bodies that is needed for the exercise or protection of a right but this is never actually set out as a proper rule. |
