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 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 13(4) When the requested information is not available within the institution and it becomes evident that another institution holds the information, the institution shall forward the requested information to the institution that holds the information and inform the applicant of the same. | |
| Albania | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 12(2) If after reviewing the request, the public authority finds that it does not have the requested information, it sends the request, no later than 10 consecutive days from the date of receiving the request, to the competent authority, and informs the applicant. The sole reason for justifying the forwarding of the request to another authority is the lack of request information. 12(3) The public authority, to whom the information request was addressed to, notifies the applicant that his request is forwarded to another authority, and informs him of the contacts of the authority where the request is sent to. | The Law includes includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request. |
| Andorra | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | "Article 14.1. If the request relates to information that is not in the possession of the entity to which it belongs addressed, the latter must forward the application to the competent body in the event of person requesting this circumstance within fifteen working days." "Article 14.1. En cas que la sol·licitud es refereixi a informació que no es trobi en possessió de l’entitat a la qual ha estat dirigida, aquesta ha de remetre la sol·licitud a l’entitat competent en cas de conèixer-la i informar la persona sol·licitant d’aquesta circumstància en un termini de quinze dies hàbils." | |
| Argentina | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | ARTÍCULO 10° — Tramitación. Si la solicitud se refiere a información pública que no obre en poder del sujeto al que se dirige, éste la remitirá, dentro del plazo improrrogable de cinco (5) días, computado desde la presentación, a quien la posea, si lo conociera, o en caso contrario a la Agencia de Acceso a la Información Pública, e informará de esta circunstancia al solicitante. | |
| Azerbaijan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 20.1. The official of the owner of the information makes one of the following decisions depending on the results of the investigation:...20.1.3. sends the request to the owner of the relevant information. Article 23. Sending information request accordingly 23.1. If the requested information is not available to the owner of the information, he must identify the owner of the relevant information and send it to him without delay, but not later than 5 working days, informing the requester. 23.2. Owners of information provided for in Articles 9.1.2 and 9.3 of this Law may not send the request, respectively, provided that they inform the requester without delay, but not later than 5 working days, that they do not have the requested information. | Broad obligations for main public authorities to transfer, albeit some bodies only need to inform, both with timelines. |
| Belgium | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Loi n° 94-1724, Article 5: "La consultation d'un document administratif, les explications y relative ou sa communication sous forme de copie ont lieu sur demande. La demande indique clairement la matière concernée, et si possible, les documents administratifs concernés, et est adressée par écrit à l'autorité administrative fédérale compétente, même si celleci a déposé le document aux archives." | The law clearly states that when the request is addressed to a body which does not hold the information, it should refer the requester to the correct body. |
| Bosnia and Herzegovina | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 13.1 Determination of Competent Authority "Should the respondent authority not be the competent authority, it shall, as soon as possible and no later than 8 days from receipt of the request, transfer the request to the competent authority and notify the requester in writing thereof." | |
| Bulgaria | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 32(1) When the body does not have the requested information, but is aware of its location, it shall re-sent the application within 14 days as of receipt of the application and shall notify the applicant of the re-sending. The notification must always specify the name and the address of the respective agency or legal entity. (2) In the case described in sub-art. 1, the time period set in art. 28, sub-art. 1, shall start running as of the receipt of the re-sent application. | |
| Chile | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | ARTICLE 13. En caso que el Órgano de la Administración requerido no sea competente para ocuparse de la solicitud de información o no posea los documentos solicitados, enviará de inmediato la solicitud a la autoridad que deba conocerla según el ordenamiento jurídico, en la medida que ésta sea posible de individualizar, informando de ello al peticionario. Cuando no sea posible individualizar al órgano competente o si la información solicitada pertenece a múltiples organismos, el órgano requerido comunicará dichas circunstancias al solicitante. | Art 13 mandates transfers. |
| Colombia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | N/A | Obligation to transfer request to proper institution can be found in the colombian Administrative Code (Decre 01 of 1984).See for example Decision 917 of 2005. Constitutional Court. |
| Croatia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 21.2.: If the public authority does not fold the information, but has the knowledge about which public body does, it is bound to, without delay, but no longer than 8 from receiving the request, transfer the request to that body, and notify the submitter thereof. | |
| Cyprus | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | "Article 14 (Special Provisions for Transfer of Information) 14.-(1) Τηρουμένων των διατάξεων του εδαφίου (2), σε περίπτωση που αρμόδια αρχή δημόσιου αρχείου λάβει αίτηση για παροχή πληροφοριών, η οποία σχετίζεται με πληροφορίες οι οποίες περιέχονται, ή αν υπήρχαν θα περιέχονταν, σε μεταφερθέν δημόσιο αρχείο, η αρμόδια αρχή δημόσιου αρχείου, εντός της προθεσμίας τήρησης των διατάξεων του εδαφίου (1) του άρθρου 12, αποστέλλει αντίγραφο της αίτησης στην υπεύθυνη αρχή για τη λήψη απόφασης. (2) Οι διατάξεις του εδαφίου (1) εφαρμόζονται μόνο σε περίπτωση που - (α) Η υποχρέωση επιβεβαίωσης ή άρνησης κατοχής πληροφοριών αποκλείεται δυνάμει διάταξης που περιλαμβάνεται στο Μέρος ΙΙΙ η οποία δεν είναι απόλυτη εξαίρεση, ή (β) οι ζητούμενες πληροφορίες είναι εξαιρούμενες δυνάμει διάταξης του Μέρους ΙΙΙ η οποία δεν είναι απόλυτη εξαίρεση. (3) Η υπεύθυνη αρχή, εντός εύλογου χρονικού διαστήματος από τη λήψη του αντίγραφου της αίτησης παροχής πληροφοριών, πληροφορεί την αρμόδια αρχή δημόσιου αρχείου για την απόφασή της, που λήφθηκε δυνάμει των διατάξεων των εδαφίων (3) ή (4) του άρθρου 51." | Obligation to transfer the request |
| Dominican Republic | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | ARTICLE 7. Paragraph 2. Si la solicitud es presentada a una oficina que no es competente para entregar la información o que no la tiene por no ser de su competencia, la oficina receptora deberá enviar la solicitud a la administración competente para la tramitación conforme a los términos de la presente ley. En ningún caso la presentación de una solicitud a una oficina no competente dará lugar al rechazo o archivo de una gestión de acceso hecha por una persona interesada. Paragraph 3. En caso de que la solicitud deba ser rechazada por alguna de las razones previstas en la presente ley, este rechazo debe ser comunicado al solicitante en forma escrita en un plazo de cinco (5) días laborables, contados a partir del día de la recepción de la solicitud. | Art 7 Para 2 and 3: transfer requirement |
| Estonia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 15.(3) "An official or employee of a holder of information who is not competent to comply with a request for information is required promptly to send the person making the request for information to an official or employee who has the corresponding competence, or promptly to communicate the request for information in writing to the specified official or employee." | |
| Finland | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | [Principles of Openness] Article 14(1) Unless otherwise provided, the decision to grant access to an official document shall be made by the authority in possession of the document [...] (3) If the official [...] refuses to grant the requested access, he/she shall: (3) ask a person who has filed a written request for access whether he/she wishes to have the matter forwarded to that authority; [...] Article 15(1) If access is requested to a document prepared by another authority or pertaining to a matter under consideration by another authority, the request may be forwarded to be dealt with by the authority that has prepared the document and is responsible for the consideration of the matter as a whole. (2) If access is requested to personal, business, real estate or vehicle data or other similar identification or address information which is entered into a register meant for public use by another authority, the request may be transferred for the consideration of the appropriate registration authority. [Administrative Procedure Act] Article 21(1) An authority to whom a document has been delivered by mistake for purposes of consideration of a matter beyond its competence shall without delay transfer the document to the authority it deems to be competent. The sender of the document shall be informed about the transfer. (2) When a document is transferred, no decision as to its admissibility need be made. (3) When a document, which is to be delivered to an authority within a specific period of time, is transferred, the prescribed period of time shall be considered observed, if the document is delivered to the competent authority within that period. | There is a possibility, under consideration of the requester, that the public authority that received the application forward the petition, knows that the document pretended is in power of another body. |
| France | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 20, law 200/321 - Transfer. | |
| Georgia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 40(1) A public agency shall render a decision on providing or denying access to public information immediately or not later than ten days, if responding to a claim for public information requires: (a) the acquisition of information from its subdivision that operates in another area, or from another public agency, or processing of such information, (b) the acquisition and processing of separate and large documents that are not interrelated, or (c) consultation with its subdivision that operates in another area, or with another public agency, if those are interested in the decision-making on the matter. (2) A public agency shall inform the applicant about the decision, its ground, and applicable regulation. | The authority, when asked for the information, will always provide a decision about the information requested, even if it is related to a different authority. |
| Greece | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 4(1) If the application is submitted to a non competent service, this service is obliged, within five (5) days, to forward it to the competent service and notify the interested party accordingly. In this case. the time limit begins from the date when the application was received by the competent service. (2) If a case cannot be handled within the time limit of the previous paragraph, the competent service is obliged to notify the following to the interested party in writing: (a) the reasons for the delay, (b) the civil servant to whom the case was assigned and his telephone number for the provision of information, (c) the supporting documents that may be missing, as well as (d) any other useful information. | |
| Iceland | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Is not clear in the law, but the law on Administrative Procedures at Article 7 para 2 states if an authority receives a written application concerning a matter outside its competence it shall forward the application to the proper authority as soon as possible. | |
| Ireland | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 12(3) Where a request under this section is received by the head of an FOI body ("head") and the record or records concerned are not held by the body ("the first-mentioned body") but, to the knowledge of the head, are held by one or more other FOI bodies, the head shall, as soon as may be, but not more than 2 weeks, after the receipt of the request, cause a copy of the request to be given to the head of the other body or, as the case may be, to the head of that one of the other bodies - (a) whose functions are, in the opinion of the head, most closely related to the subject matter of the records concerned, or (b) that, in the opinion of the head, is otherwise most appropriate, and inform the requester concerned, by notice in writing or in such other form as may be determined, of his or her having done so and thereupon - (i) the head to whom the copy aforesaid is furnished shall be deemed, for the purposes of this Act, to have received the request under this section and to have received it at the time of the receipt by him or her of the copy, and (ii) the head shall be deemed, for the purposes of this Act, not to have received the request. | |
| Ivory Coast | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 18. Lorsqu’un organisme public est saisi d’une demande de communication portant sur une information ou un document qu’il ne détient pas, il est tenu d’orienter l’intéressé vers l’administration ou le service qui détient cette information ou ce document. | |
| Kyrgyzstan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 17.2...In the event that the request is redirected to another holder of information, the countdown of the period begins from the date of receipt of the request by this holder of information. 19.1. If the requested information is in the possession of another information holder, then within three working days from the date of receipt of the applicant's request, the information holder to whom the request was originally received shall redirect it to the relevant information holder and notify the applicant thereof, and a note shall be made in the registration log. | |
| Latvia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Section 12. Refusing Requested Information and Procedures by which a Statement is Provided regarding the Requested Information [22 December 2005] "(1) If an institution refuses to provide information which has been requested in writing, it shall specify in its written refusal on what grounds the request has been, wholly or in part, refused, and where and within what time period this refusal may be appealed. (2) If the institution does not have the requested information, the institution shall provide a statement regarding the location of the information and if such is known to the institution, it shall indicate by which procedures the information is accessible. (3) If the information has been published in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia], the institution having evaluated whether this newspaper is accessible to the applicant, may refuse to provide the requested information indicating when and where the information was published in the newspaper Latvijas Vēstnesis. (4) In the case referred to in Section 11.2, Paragraph four of this Law, the institution shall draw up a refusal to provide information if after the receipt of a notification regarding the possible manner in which the information shall be provided, the applicant for the information informs the institution in writing that he or she does not agree with offered manner in which the information shall be provided." | |
| Liberia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 3.13: "Transfer of Requests: In the event a public authority or private entity receives a request relating to information not held by the authority or entity, such authority or entity shall, with notice to the requester, automatically transfer the request to the public authority or private entity known or believed to hold the requested information. A transfer of request shall be made no later than fifteen (15) days after receipt of the request and with prompt notice served the requester." | 3.13 - transfers with notification. |
| Lithuania | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | The Law of the Republic of Lithuania on the Right to Obtain Information From State and Municipal Institutions and Agencies Article 13. Forwarding Requests "1. If information requested is available to another institution, the request shall be forwarded to another competent institution not later than within 5 working days of the receipt of the request, and the application shall be informed thereof within 3 working days of the forwarding of the request. The institution that receives the forwarded request shall provide the applicant with information within the period defined in Article 14 of this Law. If the applicant refers to an institution orally, the institution shall immediately notify the applicant and inform the applicant of the institution, including its contact details, which should be addressed in relation to the requested information. 2. Where part of the requested information is available to the institution to which the applicant submitted his request and it may be provided separately, the institution shall provide such information according to the procedure established by this Law; as regards the remaining portion of information, the institution shall forward the request to the institution which has access to the requested information according to the procedure established in paragraph 1 of this Article." | Article 13 clearly provides for the procedure. If the institution does not have the requested information, it must refer the request to another institution and inform the requester about this. |
| Malta | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art. 8. "Where a request in accordance with article 6 is made to a public authority, and the document to which the request relates is not held by the authority but is believed by the person dealing with the request to be held by another public authority, the public authority to which the request is made shall promptly, and in any case not later than ten working days after the day on which the request is received, transfer the request to the other public authority and inform the applicant accordingly." | |
| Moldova | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 17. Referrals The request for information can be readdressed to another provider, after the mandatory notification of the information solicitor within three working days from the moment the request is received, on his/her approval, in the following cases: a) the requested information is not possessed by the notified provider; b) the requested information, held by another provider, would satisfy completely the interest for information of the information solicitor. | |
| Mongolia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 13.1. An official who received the request from citizen and legal entity for information (“Request”) shall examine the request as follows: 13.1.3. to check whether the required information is in the possession of the organization, if not to transfer the request to the relevant organization within 2 business days and inform the citizen and legal entity about the transfer; and 13.2. The request shall be turn in on the following grounds in addition to the grounds specified in the article 18 of this Law: 13.2.2. information mentioned in the request is not in possession of the organization, and it deems impossible to transfer the request to relevant organization. | Transfer within 2 business days and inform requester, unless impossible |
| Netherlands | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Section 4: \"If the application concerns documents held by an administrative authority other than that to which the application has been submitted, the applicant shall, if necessary, be referred to that authority. If the application was made in writing, it shall be forwarded and the applicant shall be notified accordingly.\" | |
| North Macedonia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art 18. "(1) If the information holder having received an information request does not dispose with the information requested, it shall, immediately, and within three days following its receipt of the request at latest, be obliged to forward this request to the information holder that, according to the contents of the request in question, is considered to be the holder of the information requested, and shall inform the requester accordingly. (2) The prescribed time period to provide information shall commence from the day the request mentioned in paragraph (1) hereunder is received by the information holder to whom such request has been forwarded." | |
| Norway | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Public Administration Act § 11. (duty to provide guidance) "<...> If any person applies to the wrong authority, the administrative agency that receives the application shall, if possible, refer the person concerned to the proper agency. If an application to an administrative agency contains errors, misconceptions, inaccuracies or other defects that should be corrected by the sender, the agency shall, if necessary, notify him accordingly. The agency should at the same time set a time limit for correcting defects and if appropriate provide guidance on how this should be done. The King may make further provisions concerning the extent of the duty to provide guidance and the manner in which guidance shall be provided." | |
| Philippines | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | N/A | Regs 3(1)(b) provides a mechanism for transfers. |
| Portugal | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art 14.1: d) Inform the applicant that it does not possess the document and, if it knows what body does hold it, send the application to that body with a copy to the applicant; | |
| Romania | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Decree on Implementing Norms. The request must be transferred, where the public authority knows where the information is held, within 5 days. | |
| Russia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 18(7): (Request for Information on the Activities of Government Bodies and Bodies of Local Self-Government): If the request does not concern the activity of the government body or body of local self-government to which it is forwarded, within seven days from the date of registration of the request it is forwarded to the government body or body of local self-government which is authorized to grant the requested information. The requesting information user shall be notified of the readdressing of the request within the same time period. If the government body or body of local self-government has no data on the availability of the requested information in another government body or body of local self-government, the information user shall also be notified of this within seven days from the date of registration of the request. | |
| Rwanda | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | MINISTERIAL ORDER No 007/07.01/13 OF 27/12/2013: Article 4: An information officer shall, not later than two (2) days from the date of receipt of an information request, transfer the request or any relevant part of it, to another organ if the information requested is not held by or under the control of the organ for which he/she is an information officer, but is held by or under the control of that other organ. Where the request is transferred as provided for in Paragraph One of this Article, an information officer shall forthwith, but in any event no later than four (4) days from the date of receipt of the application, inform the applicant about the transfer and the address of the organ to which the application has been transferred. An organ, to which the application was transferred according to the Paragraph 2 of this Article, shall make a decision on the application within seven (7) days from the date the application was made. When the time limit is not respected, it shall be considered as not provided. | |
| Serbia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 19: When public authority does not hold the document containing the requested information, it shall refer the request to the Commissioner, and inform the Commissioner and the applicant who, to its knowledge, holds the document. Article 20: Upon receipt of the request, the Commissioner shall check whether the document containing the information sought in the request is held by the public authority that had referred him the request. In the event the Commissioner determines that the document in Para 1 of this Article is not held by the public authority that had referred the request of the applicant, the Commissioner shall refer the request to the public authority that holds the document, unless specified differently by the applicant, and inform the applicant thereof or refer the applicant to the public authority that holds the requested information. | The referral will be made by the authority to the commissioner and he will inform or refer the application to the authority which holds the document or information requested by the applicant. |
| Sierra Leone | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 5. (1) Where a public authority does not hold information which is responsive to a request or part of a request, that request or any relevant part of it may, not later than three days from the date of its receipt, be transferred to another public authority if the information requested is held by that other public authority. (2) Where an application is transferred under subsection (1), the applicant shall be informed of the transfer immediately, and in any event not later than three working days from the date of the transfer. | |
| Slovakia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Section 15 Transfer of request: \"(1) If the obliged person doesn Ìt have the requested in formation available and knows where it is possible to obtain the information, it shall transfer the request with in five days from the delivery of the request to th e obliged person that have the requested information availabl e, otherwise it shall reject the request by a decis ion (Section 18).(2) The obliged person shall notify the applicant of th e transfer of request without any delay.\" | |
| Slovenia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art 20. "If the body, which has received the request, does not hold the requested information, it must immediately, and at the latest within the time limit of 3 working days beginning from the day of receiving the request, assign the request to the body which is, in relation to the contents of the request, competent for resolving the request, and notify (about that) the applicant." | |
| South Korea | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 11(4) Where a public institution receives a request for the disclosure of information that is held and managed by another public institution, the former shall transfer without delay the request to the latter and then promptly serve a written notice on the relevant applicant, explicitly indicating a public institution in charge and the grounds for transferring such request, etc. PD 9: Where all or part of the information requested to be disclosed is information which has been produced by another public institution, a public institution shall decide whether or not to disclose by hearing the opinion of the public institution which has produced the information. 10(1): The department which processes application for information disclosure shall, when necessary for the cooperation of the relevant institution or other department, request cooperation by stating clearly the deadline for response within the handling period after receiving the written application for information disclosure. (2) The institution or department requested for cooperation pursuant to paragraph (1) shall reply within the response deadline. | |
| Spain | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Artículo 19 (Tramitación): 1. Si la solicitud se refiere a información que no obre en poder del sujeto al que se dirige, este la remitirá al competente, si lo conociera, e informará de esta circunstancia al solicitante. | |
| Sri Lanka | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Regulation No. 04(06): If the request relates to information which the Information Officer is aware is held by another Public Authority, the Information Officer shall duly in written format transfer the request to the concerned Public Authority and inform the citizen making the request accordingly within 7 days form the date of receipt of the request. | |
| Taiwan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 17 Where the requested information is not produced or acquired by the requested agency within its respective authority, the requested agency shall, in addition to explaining the situation, pass to other able agencies and notify the applicant if affirming that other government agencies produced or acquired the information within its respective authority. | Art 17 provides for referrals, with an explanation to the applicant. |
| Tunisia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art. 18 - Dans le cas où l’information objet de demande est détenue par un organisme autre que celui auprès duquel la demande a été déposée, le chargé d’accès doit informer le demandeur de son incompétence ou du transfert de sa demande à l’organisme concerné, et ce, dans un délai maximum de cinq (5) jours à compter de la date de réception de la demande. | |
| Turkey | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 7, Paragraph 3: "Where the required information or the document is at an institution other than the one that is applied, the petition will be sent to the relevant institution and the applicant will be notified accordingly." | |
| Ukraine | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 22.3 The information administrator, who does not possess the requested information yet who by his/her status or the nature of his activity is aware or should be aware of who possesses it, shall be obliged to transfer this request to the appropriate administrator while simultaneously notifying the requester thereof. In this case, the term for request consideration shall start on the day of receipt of the request by the appropriate administrator. | |
| United Kingdom | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Section 15. | Transfers are included under the scope of this article. |
| Uzbekistan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 9(8) In the instance if a body or a public official does not hold the information applied for, they shall be obliged to notify thereabout the applicant within five days since the date of submitting of the application. 2014 Law on Activities of State Bodies, 19(3) If the consideration of the information user's request does not fall within the powers of state authorities and administration, then the request is sent within three working days from the date of registration to the authority whose powers include the provision of the requested information, and the information user is notified of this. | In ATI Law, only need to notify if do not hold the information, but nothing about referring, let alone transferring, a request. But in 2014 Law need to transfer. |
| Vanuatu | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 21. Transfer of application (1) If an application for information requires information that is held by another Government agency or relevant private entity, the Right to Information Officer must transfer the application, or part of it as may be appropriate, to the relevant Government agency or relevant private entity. (2) A Right to Information Officer who transfers an application under subsection (1) must: (a) make the transfer within 5 days after receiving the application; and (b) immediately notify the applicant of the transfer in writing, specifying: (i) the date on which the transfer is made; and (ii) the Government agency, relevant private entity or private entity to which the application is transferred to, its contact information and opening hours, and the name and contact details for the Right to Information Officer who will be processing the application. (3) A Right to Information Officer who receives a transferred application must acknowledge its receipt according to section 14. (4) If an application for information is transferred under subsection (1), the period for responding to that application as set out under subsection 16(1), commences from the date of the transfer. | - |
| Angola | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | Art 15(c) mandates that the requester be pointed in the right direction, with referrals being optional. |
| Antigua and Barbuda | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 22(1) Where an official who receives a request for information not held believes, on reasonable grounds, that the request relates to information that is not contained in any record held by the public body, the official may transfer the request to the information officer for purposes of compliance with this section. (2) Where an information officer receives a request pursuant to subsection (1), he shall confirm whether or not the public body holds a record containing the information and, if it does not, shall, he knows of another public body which holds the relevant record, as soon as practicable: (a) transfer the request to that public body and inform the applicant of such transfer; or (b) indicate to the applicant which public body holds the relevant record; whichever would be likely to ensure more expeditious access to the information. (3) Where a request is transferred pursuant to subsection (2)(a) the time limit for responding to requests under section 18 shall begin to run from the date of the transfer. (2) A private body which receives a request for information that is not contained in any record held by the private body shall notify the person making the request that it does not hold the information. | Allows for transfers - but these are not obligatory and the original timeline does not apply. |
| Armenia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 9(10) If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body, including archive, that holds that information. (11) If the information holder does not possess all the data on the inquired information, than it gives the applicant the part of the data, that it possesses and in case of possibility also points out in the written answer the information on the place and body, including archive that holds that information. | referral system |
| Australia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 15 (4) Where a person has directed to an agency a request that should have been directed to another agency or to a Minister, it is the duty of the first-mentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister. 16 Transfer of requests (1) Where a request is made to an agency for access to a document and: (a) the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or b) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made; the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency. (2) Where a request is made to an agency for access to a document that: (a) originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and (b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made; the request shall be transferred: (c) to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or (d) if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2 to that Department. (3) Where a request is made to an agency for access to a document that: (a) originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and (b) is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made; the agency to which the request is made shall transfer the request to the other agency. (...) | S. 15(4) - requirement to refer. S. 16 mentions transfers, but allows them where info is more closely related to another organization, and transfers are not mandatory where the agency doesn't have the info. Transfers under 16(1) also require the agreement of the other agency. |
| Austria | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 3(2) The body responsible for providing access to information shall be the body to whose sphere of activity or business the information belongs. 7(3) If an institution receives an application which it is not competent to deal with, it shall forward the application to the competent body without undue delay or refer the applicant to that body. | It seems that information can be transferred where it "belongs" to another institution's activities, rather than where the original public authority does not not have it, which is too broad but one point still allocated. |
| Bahamas | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Section 8. Transfer of requests. (1) Where an application is made to a public authority for a record— (a) that is held by another public authority; or (b) the subject matter of which is more closely connected with the functions of another public authority, the first mentioned public authority shall transfer the application or such part of it as may be appropriate to the other public authority, and shall inform the applicant of the transfer in such period as shall be prescribed in regulations. (2) A transfer of an application pursuant to subsection (1) shall be made as soon as practicable but not later than fourteen days after the date of receipt of the application. | A transfer system but the time limit for this, 14 days, is far too long. Also allows for transfers where the subject matter is "more closely connected with the functions of another public authority", which is improper. In addition, it allows for transfers where information is held by another authority but does not explicitly require that the first authority not have the information as a condition for such transfers to occur. |
| Belize | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | SECTION 13 (1) Where- (a) a request is made to a Ministry or prescribed authority for access to a document; and (b) the document is not in the possession ot that Ministry or prescribed authority but is in the possession of another Ministry or prescribed authority or the subject-matter of the document is more closely connected with the functions of another Ministry or prescribed authority than with those of the Ministry or prescribed authority to which the request is made, the Ministry or prescribed authority to which the request is made may transfer the request to the other Ministry or prescribed authority and inform the person making the request accordingly and, if it is necessary to do so in order to enable the other Ministry or prescribed authority to deal with the request, send the document to the other Ministry or prescribed authority. (2) Where a request is transferred to a Ministry or prescribed authority in accordance with this section, it shall be deemed to be a request made to that Ministry or prescribed authority and received at the time at which it was originally received. | This allows for transfers if the information is deemed to be more closely related to another authority's function. However, it is positive that the original timeline for requests is maintained. |
| Benin | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 80: L’agent ou le responsable public qui a reçu une demande est appelé, avec diligence et, dans les cinq (05) jours francs qui suivent la date de la réception à:... informer le requérant que l’organisme public ne détient pas le document ou le renseignement demandé ou que l’accès ne peut lui y être donné en tout ou en partie; informer le requérant que sa demande relève de la compétence d’un autre organisme public ou est relative à un renseignement ou à un document produit par un autre organisme ou pour son compte; 81: Lorsqu’il est saisi d’une demande qui, à son avis, relève de la compétence d’un autre organisme public ou qui est relative à un document produit par un autre organisme public ou pour son compte dont il a connaissance, l’agent ou le responsable public, dans le délai de cinq (05) jours francs, indique au requérant le nom de l’organisme compétent et celui du responsable de l’accès aux documents de cet organisme. Ces informations sont communiquées par écrit ou par voie orale. | Basically a referral system. |
| Bolivia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 15(III) The authority should guide the petitioner, in writing, the possible destination or location of the information, when it does not exist in its files or records or is not within the scope of its competence. | Weak obligation to refer the requester to the right place to seek the information. |
| Brazil | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 9. Sole Paragraph. The SIC is responsible for: II – filing the access to information request in a specific electronic system and providing the applicant with a file number, which should include the filing date of the said request; | Article 9, Sole Paragraph, II of the Decree. SIC [Citizen Information Service] must register the request for information in a specific electronic system and deliver a protocol number which shall contain the date the request was made. |
| Burkina Faso | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 13 : Lorsqu’une demande n’est pas adressée au service ou au responsable indiqué, le demandeur doit être orienté, par l’agent ayant reçu la demande, vers le service ou le responsable concerné. Article 15: Le responsable du service chargé de l’accès à l’information publique et aux documents administratifs à la réception d'une demande, doit: informer le demandeur que sa demande informer le demandeur que sa demande relève davantage de la compétence d'un autre organisme de service public ou est relative à un document produit par un autre organisme de service public ou pour son compte | Referral system |
| Canada | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 8(1) Where a government institution receives a request for access to a record under this Act and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request. (2) For the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it. (3) For the purpose of subsection (1), a government institution has a greater interest in a record if (a) the record was originally produced in or for the institution; or (b) in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof. | 8 - Allows for direct transfers - but it also allows for transfers where another authority has a greater interest in the record, which costs a point. |
| Cape Verde | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 9(1) The entity to which the request for access to an administrative document is addressed must, within a period of 15 (fifteen) days: e) Inform that you do not have the document and, if you know which entity holds it, forward the application, informing the applicant. 11(1) Requests for access to information and administrative documents may be rejected when they are not and should not be in the possession of the body or entity to which the request is addressed, provided that the latter, if aware that the information or document is held by another entity, must send the request directly and immediately, informing the applicant accordingly. | 9(1)(e) appears to provide for referrals while 11(1) appears to provide for transfers so this needs to be clarified. |
| China | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 36(5) Where the administrative organ is not responsible for the disclosure of the information applied for, inform the applicant and explain the reasons; where the administrative organs responsible for disclosing the government information can be determined, inform the applicant of the name and contact methods for that administrative organ. | Must inform the requester but no obligation to transfer the request |
| Cook Islands | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 13. Transfer of requests – Where – (a) a request in accordance with section 11 of this Act is made to a Ministry or Minister of the Crown or organisation; and (b) the information to which the request relates – (i) is not held by the Ministry or Minister of the Crown or organisation but is believed by the person dealing with the request to be held by another Ministry or Minister of the Crown or organisation; or (ii) is believed by the person dealing with the request to be more closely connected with the functions of another Ministry or Minister of the Crown or organisation, - the Ministry or Minister of the Crown or organisation to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other Ministry or Minister of the Crown or organisation, and inform the person making the request accordingly. | Art 13 allows for transfers, but permits them where the information is more directly related to another body. |
| Costa Rica | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 1 | 6. Aplicación del principio de coordinación. Cuando el funcionario encargado determine que no posee competencia para atender la solicitud de información pública y en su lugar, le corresponde a otra autoridad pública de la misma institución, atendiendo al principio de coordinación deberá trasladar la solicitud ante el funcionario competente, en el plazo tres días hábiles a partir del momento en que tuvo conocimiento de la necesidad de traslado. Si el funcionario encargado concluye que lo requerido no es de su competencia institucional, deberá rechazar la petición por acto motivado. Si tiene conocimiento de la autoridad externa competente para brindar la información pública, deberá remitir la solicitud a la institución correspondiente en el plazo tres días hábiles a partir del momento en que se tuvo conocimiento de la incompetencia. En caso de que la solicitud de información sea trasladada a lo interno de la institución, el plazo establecido en el artículo 5° de este Decreto continúa rigiendo según la fecha de recepción de la solicitud de información pública. | Loses a point for lack of clear requirement to notify requester when transfering the request |
| El Salvador | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | ARTICLE 50 "El Oficial de Información tendrá las funciones siguientes:(...) c. Auxiliar a los particulares en la elaboración de solicitudes y, en su caso, orientarlos sobre las dependencias o entidades que pudieran tener la información que solicitan.(...)" ARTICLE 68 Los interesados tendrán derecho la asistencia para el acceso a la información y al auxilio en la elaboración de las solicitudes, si así lo pide. Cuando una solicitud de información sea dirigida a un ente obligado distinto del competente, éste deberá informar al interesado la entidad a la que debe dirigirse. | 50(c) and 68 establish the duty to refer requesters, but not to transfer requests |
| Ethiopia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14(3) Upon receiving request for information, the public relation officer, in accordance with sub-article (1): of this Article shall as expeditiously as possible either provide the information requested up on payment of the prescribed fee, or provide a written response stating the reasons for rejecting the request on any of the grounds specified under Chapter Three of this Proclamation notifying the requester his rights of appeal. However the response shall in any case be made not more than thirty working days, of the receipt of the request. | |
| Fiji | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 10(1) Notwithstanding section 12, where the Commission forwards a request to a public agency under section 8 or this section and the information to which the request relates is - (a) not held by that public agency but is, to the knowledge of that public agency, held by another public agency (“second public agency”); or (b) reasonably believed by that public agency to be more closely connected with the functions of the second public agency, the public agency to which the request is forwarded must notify the Commission in writing within 10 days from the receipt of the request from the Commission. (2) The Commission must, within 10 days from the receipt of the written notice under subsection (1) - (a) transfer the request to the second public agency; (b) direct the second public agency to make available to the person who made the request, where reasonably practicable, all the particulars of the information specified in the request; and (c) inform the person who made the request that the request has been transferred to the second public agency and that the second public agency has been directed to make the information available to that person. | It is a system of transfers but the time limits add another 20 days onto the process (10 days to notify the Commission and another 10 days to forward to the second agency) and the grounds for transfer ("more closely connected") are too broad. |
| Gambia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 16 (1) Where a request is made to a public body requesting information which the public body does not hold and - (a) which the public body knows or reasonably considers that it is held by another public body; or (b) the subject matter of which is more closely connected with the functions of another public body, the body to which such request is made shall transfer the request, or such part of it as may be appropriate, to that other public body. (2) A public body that transfers a request in accordance with subsection (1) shall - (a) make the transfer as soon as practicable but in any event within five days from the date of receipt of the request; and (b) immediately notify the requester of the transfer in writing. (3) A public body that receives a transferred request shall immediately notify the requester of receipt of the request in writing. (4) Where a request is transferred to another public body in accordance with sub-section (1), the request is deemed to have been- (a) made to the public body to which it was transferred; and (b) received by that public body on the day the body to which it was originally made received it. | One point docked as transfers can be made so long as the subject matter is more closely connected with the functions of another public body. This provision could operate to permit transfers even with the public body at first instance has the information on hand but another public body's functions are more closely connected to it. |
| Ghana | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 20 (1) Where a public institution is unable to deal with an application because the information requested (a) is not in the custody or control of the public institution, but to the knowledge of the public institution, it is held by another public institution, or (b) is in the custody of the public institution but it is more closely related to the functions of another public institution, the information officer shall, within two days of the receipt of the application, (c) refer the applicant to the relevant public institution; or (d) transfer the application to the relevant public institution and give written notice of the transfer to the applicant (2) Where a public institution receives a transfer of application under paragraph (b) of subsection (1), the public institution shall notify the applicant of the receipt of the application within three days after the receipt of the application. (3) Where an application for access is made and the public institution to which the application is made does not have the information in its custody, the information officer shall, within a period of not more than ten days, (a) make the necessary enquiry to establish whether any other public institution has the information, and (b) transfer the application to that other public institution if that public institution has the information, and (c) notify the applicant accordingly. (4) A notice of transfer shall state, (a) the date of the transfer, (b) the public institution to which the transfer is made, and (c) the reason for the transfer. (5) An application transferred from one public institution to another is a request for access to information made to the public institution to which the application is transferred on the date the transfer is received. | Unclear regime because duplicative provisions here; also, grounds for transfer too broad and public institution can choose whether to transfer or refer |
| Guinea | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 22. Dans le cas où l'information objet de demande est détenue par un organisme autre qùe celui auprès duquel la demande a été déposée, le chargé d'accès à l'information publique doit se déclarer incompétent et transférer la demande à l'organisme concerné, dans un délai maximum de cinq (5) jours à compter de la date de réception de la demande. | Not clear enough that must notify the requester about the transfer. |
| India | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 6(3) Where an application is made to a public authority requesting for an information, (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application. | 6(3) direct transfers within 5 days but the allowance for transfers where the subject matter "is more closely connected with the functions of another public authority" leads to the loss of a point. |
| Indonesia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 22(7) No later than 10 (ten) working days from the receipt of the request, the Public Agency concerned shall provide a written notification to the applicant that contains: (a) as to whether the required information are under its authority or not; (b) the entitled Public Agency where the required information can be obtained, in the case that the required information are not under its authority and the Public Agency knows which Public Agency held such information; (c) the acceptance or refusal of a request for the reason as stated and referred to in Article 17; (d) in the event that the request is accepted entirely or partly, the Public Agency shall state the subject of the information can be obtained; (e) in the event that a document contains exempt information as referred to in Article 17, such exempt information may be blackened with the reason and the subject thereof; (f) means to submit and the format of the information to be supplied; and/or (g) the cost and the payment method to obtain the required information. | Requirement for notification. |
| Israel | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 8. A public authority is entitled to reject a request for information in any of the following cases: [...] (5) The information was created by a different public authority, and referring the applicant to that public authority does not make obtaining the information an unreasonable burden; in rejecting a request under the stipulations of this paragraph, the public authority shall refer the applicant to the public authority where the information was created. | 8(5) mandates referral, but not transfers. |
| Jamaica | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 8(1) Where an application is made to a public authority for an official document - (a) which is held by another public authority; or (b) the subject matter of which is more closely connected with the functions of another public authority, the first mentioned public authority shall transfer the application or such part of it as may be appropriate to that other public authority and shall inform the applicant immediately of the transfer. | The allowance for transfers where the subject matter "is more closely connected with the functions of another public authority" leads to the loss of a point. |
| Japan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 12 (Transfer of a Case) (1) The head of an Administrative Organ may, when there is a justifiable ground for the head of another Administrative Organ to make Disclosure Decisions, etc., such as when Administrative Documents pertaining to a Disclosure Request were prepared by that Administrative Organ, upon consulting with the head of that Administrative Organ, transfer the case to the head of that Administrative Organ. In this case, the head of the Administrative Organ who has transferred the case shall notify the Disclosure Requester in writing to the effect that the case was transferred. (2) When a case has been transferred pursuant to the provision of the preceding paragraph, the head of the Administrative Organ who has received the transfer shall make the Disclosure Decisions, etc. for the Disclosure Request. In this case, the acts prior to transfer by the head of the Administrative Organ who has transferred the case shall be deemed to be those of the head of the administrative organ who has received the transfer. (3) In the case referred to in the preceding paragraph, when the head of the Administrative Organ who has received the transfer makes a decision set forth in Article 9, paragraph 1 (hereinafter referred to as a "Disclosure Decision."), the head of that Administrative Organ shall implement disclosure. In this case, the head of the Administrative Organ who has transferred the case shall cooperate as necessary in the implementation of that disclosure. | Article 12 allows for transfers, but lets authorities make a transfer even when they have the info if the info was created by another agency. |
| Kenya | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 10(1) An information access officer may, not later than five days from the date of receipt of an application, transfer the application or any relevant part of it, to another public entity, if the information requested is held by that other public entity. (2) Where an application is transferred under subsection (1), an information access officer shall inform the applicant immediately but in any event not later than seven days from the date of receipt of the application, about such transfer. (3) A public entity to which an application is referred by an information access officer under subsection (1) shall make a decision on the application within twenty-one days from the date that the application was first made. (4) The provisions of this section shall apply with the necessary modification to an application for access to information that is made to a private body to which this Act applies. | A mechanism for transfers exists, but it does not appear to be mandatory. |
| Kosovo | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 11(3) If the public institution did not produce or receive, or does not maintain or control the requested public document and has knowledge of another public institution that produced, received, maintains or controls the concerned public document, it shall immediately, but not later than five (5) business days from the day of receipt of the request by the applicant, inform and direct the applicant to the respective public institution. (4) If the public institution did not produce or receive, nor maintains or controls the requested public document and has no knowledge of any other public institution that produced, received, maintains or controls the concerned public document, shall immediately, but no later than seven (7) business days from the day of receipt of the request by the applicant, inform and direct the applicant to the Agency, which is obliged to confirm whether and which public institution produced, received, maintains or controls the requested public document and immediately, but not later than seven (7) business days from the date of receipt of the application, notify the applicant thereof. | One point awarded for a system of referrals instead of full points for a system of transfers. |
| Liechtenstein | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 7 (regulation). | |
| Malawi | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 23. (1) Where an information holder to which a request for information is made considers that another institution has greater interest in the information requested, the information officer to which the request was initially made, shall, within three working days after the request is received, transfer the request to the other institution and give written notice of the transfer of the request to the applicant. (2) For the purposes of this section- (a) the processing period specified in section 19 shall apply to the institution to which the request is transferred; and (b) an institution has greater interest in information requested if - (i) a record or document, containing the information was originally produced by or for the institution; or (ii) in the case of information not originally produced by or for the institution, the said institution was the first recipient of the original information. | 23 provides for transfers when the other body has a greater interest. |
| Maldives | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 9(a) A State Institute in receipt of a request may under the following circumstances transfer the request to another office if; (1) the information to which the request relates is not in custody of the State Institute in receipt of the request, and the information is to the knowledge of that office held by another office; or, (2) the information to which the request relayed is held by the State Institute in receipt of the request but its disclosure may best be made by another Institute; or, (3) Another State Institute consents to the transfer of a request to that Institute. (b) Where a State Institute transfers a request to information to another Institute, in accordance with subsection (a) of this section, it must notify the applicant of the transfer in writing, specifying the date of transfer and the reason for which the request was transferred to the other institute. (c) Where a State Institute transfers a request to information to another office, in accordance with subsection (a) of this section, it must complete the transfer within 7 days of receiving the request. | Transfer permitted on far too broad grounds - but the procedure is good otherwise. |
| Mexico | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 136. When Transparency Units determine the gross incompetence by the regulated entities within the scope of their powers, to meet the demand for access to information, they shall inform the applicant, within three days of receipt of the request and in case of being able to determine it, indicate the applicant which are the competent entities. If the regulated entities are competent to partially meet the demand for access to information, they should answer with regard to such part. Regarding the information on which it is incompetent, it will proceed as noted in the previous paragraph. | |
| Namibia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 40(1) If a request for access to information is made to a public entity, and the public entity - (a) does not hold the information; or (b) knows or reasonably presumes the information to be - (i) held by another public entity; or (ii) more closely connected with the mandate or functions of another public entity, the public entity must, after inquiry with the other public entity, refer the request or such part of the request as may be appropriate to the other public entity. (2) A public entity that needs to refer a request in accordance with subsection (1) must, within five days of receipt of the request - (a) refer the request to the other public entity; and (b) notify the requester of the referral in writing. (3) A public entity that receives the referred request under subsection (2) must within five days notify the requester of the receipt in writing. (4) If a request is referred to another public entity in accordance with subsection (2), the request is considered to have been -(a) made to the public entity to which it was referred; and (b) received by the public entity on the date the original public entity received the request. 43(1) An information officer must, within 21 days of the receipt of a request for access to information, notify the requester in writing that the information cannot be found or does not exist if the information officer - (a) has taken all reasonable steps to find the information; and (b) has concluded that the information - (i) is in the possession of the information holder but cannot be found; or (ii) does not exist. (2) The notice referred to in subsection (1) must include a prescribed affidavit by the information officer stating the substantive details of all steps taken to find the information or to determine whether the information exists, including details of - (a) all locations searched for the information and the person or persons that conducted the searches; (b) any communications with any person that the information officer contacted in searching for the information or attempting to establish the existence of the information; and (c) any evidence relating to the existence of the information, including - (i) any evidence that the information was destroyed; and (ii) the location in which the information was last known to be held. (3) If the information is found after notice is given to a requester under subsection (1), the information officer must immediately notify the requester in writing, and must, within 14 days of the finding of the information - (a) consider the request for access to information; and (b) continue, apply and complete the process and procedures of request for access to information as set out in section 37 and other applicable provisions regarding reviews and appeals. | S. 40(1)(b)(ii) allows for transfers on unduly broad grounds, costing 1 point. |
| Nepal | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 7(8) While examining the application received in pursuant to Sub-Section (1), it is found that the information demanded by the applicant is not related to such Body, the Information Officer should give notification to the applicant immediately. | Sort of referral. |
| New Zealand | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14 Transfer of requests Where (a) a request in accordance with section 12 is made to a department or Minister of the Crown or organisation; and (b) the information to which the request relates (i) is not held by the department or Minister of the Crown or organisation but is believed by the person dealing with the request to be held by another department or Minister of the Crown or organisation, or by a local authority; or (ii) is believed by the person dealing with the request to be more closely connected with the functions of another department or Minister of the Crown or organisation, or of a local authority, the department or Minister of the Crown or organisation to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other department or Minister of the Crown or organisation, or to that local authority, and inform the person making the request accordingly. | Section 14 mandates direct transfers, but also allows them where info is more closely connected to another body. This costs them a point, as authorities should be required to deal with any requests for information they hold even if the information is more closely connected to a different body. |
| Niger | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 10: Lorsqu’un service public, une administration ou un organisme privé assurant une mission de service public est saisi d’une demande de communication portant sur un document administratif ou une information publique qu’il ne détient pas mais qui est détenu par un autre service ou une autre administration, il peut orienter éventuellement l’intéressé à la bonne adresse. | Article 10 - referrals, not transfers |
| Nigeria | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 5(1) Where a public institution receives an application for access to information, and the institution is of the view that another public institution has greater interest in the information, the institution to which the application is made may within 3 days but not later than 7 days after the application is received, transfer the application, and if necessary, the information, to the other public institution, in which case, the institution transferring the application shall give written notice of the transfer to the applicant, which notice shall contain a statement informing the applicant that such decision to transfer the application can be reviewed by a Court. | 5(1) allows transfers, but permits them where another institution has a greater interest in the information. |
| Pakistan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 12 Where a public body does not hold information or record, the applicant shall be informed accordingly within ten working days of the receipt of the request. Right of Access to Information Rules, 2019, 6. Transfer of application.— (1) Any officer of a public body other than the designated officer who receives an application for access to information shall transfer the application to the designated officer under intimation to the applicant. (2) The designated officer shall acknowledge receipt of a transferred application immediately after its receipt and process the same under the Act. | In the law, there is only a requirement to notify the requester where information not held but not to transfer. A provision on transferring applications is included in the 2019 Rules, but this seems to be about transfers between officers within an authority. |
| Panama | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Referrals, no transfers. | |
| Peru | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 11 Procedimiento: El acceso a la información pública se sujeta al siguiente procedimiento: a) Toda solicitud de información debe ser dirigida al funcionario designado por la entidad de la Administración Pública para realizar esta labor. En caso de que éste no hubiera sido designado, la solicitud se dirige al funcionario que tiene en su poder la información requerida o al superior inmediato. b) La entidad de la Administración Pública a la cual se haya presentado la solicitud de información deberá otorgarla en un plazo no mayor de 7 (siete) días útiles; plazo que se podrá prorrogar en forma excepcional por cinco (5) días útiles adicionales, de mediar circunstancias que hagan inusualmente difícil reunir la información solicitada. En este caso, la entidad deberá comunicar por escrito, antes del vencimiento del primer plazo, las razones por las que hará uso de tal prórroga. En el supuesto de que la entidad de la Administración Pública no posea la información solicitada y de conocer su ubicación y destino, esta circunstancia deberá ser puesta en conocimiento del solicitante (...)
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Article 11(b) requires the requester to be notified, but there's no requirement to transfer. |
| Poland | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14(2) If the public information cannot be made available in the method or in form defined in the petition, the entity obliged to do this, notifies in writing the petitioner of the reasons for lack of possibility to make the information available in accordance with the petition and point in what way or in which method this information can be made available immediately. In such a case, if within 14 days of the notification the petitioner shall not submit the petition for making this information available in a method or in form pointed in the notification, the proceedings for making the information available are discontinued. | 1 Point for information not held. In the case of receiving a request, the authority must react within 14 days. As Article 14, Section 2 states, only the entities being in possession of such information are obliged to make it available. This means the authority should inform the requester that it is not in the possession of the information. It does not formulate the obligation to transfer the request to another entity or even to inform the individual of which body may have the information. |
| Saint Kitts and Nevis | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14 | May either transfer or provide notice |
| San Marino | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 27.4. The administration as far as possible, cooperates with the interested party in idenfying the document requested. If the requested office is not in possession of the document requested, or if it is not authorised to grant access, it will, as far as possible, direct the applicant to the competent office. 5. Where an office of the Administration recieves a request for access to a document of which it no longer has custody [...] the requested office shall forward the application to the office which has custody of the document and inform the person concerned accordingly. | In most cases this will lead to a referral so only one point allocated. |
| Saudi Arabia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | The main steps for the request to access public information (pp. 46 - 47) Second: The public entity, in not less than thirty (30) days of receipt of a request to access or obtain public information, shall take one of the following steps: 4. Notice: If the required information is available on the entity's website, or is not within its competence, the individual requesting the information must be notified, in writing or electronically, including the following information: o The type of notice, for example, the required data is available on the entity's website, or is not within its jurisdiction; o The right to complain about this notice and how to exercise this right. | Notice must be provided, but no clear procedure for transfers. |
| Seychelles | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 13. (1) Where a request is made to a public body requesting information which the public body does not hold and— (a) which the public body knows or reasonably consider that it is held by another public body; or (b) the subject matter of which is more closely connected with the functions of another public body, the body to which such request is made shall transfer the request, or such part of it as may be appropriate, to that other public body (2) A public body that transfers a request in accordance with subsection (1) shall— (a) make the transfer as soon as practicable but in any event within five days from the date of receipt of the request; and (b) immediately notify the requester of the transfer in writing. (3) A public body that receives a transferred request shall immediately notify the requester of the receipt in writing. (4) Where a request is transferred to another public body in accordance with subsection (I), the request is deemed to have been— (a) made to the public body to which it was transferred; and (b) received by that public body on the day the body to which it was originally made received it. | This seems to allow for transfers where the subject matter is "more closely connected with the functions of another public body". However, the request is deemed to be received at the time of the original request, which is positive. |
| South Africa | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 20. (1) If a request for access is made to the information officer of a public body in respect of which— (a) the record is not in the possession or under the control of that body but is in the possession of another public body; (b) the record’s subject matter is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; or (c) the record contains commercial information contemplated in section 42 in which any other public body has a greater commercial interest, the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received— (i) transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and (ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer. (2) If a request for access is made to the information officer of a public body in respect of which— (a) the record is not in the possession or under the control of the public body of that information officer and the information officer does not know which public body has possession or control of the record; (b) the record’s subject matter is not closely connected to the functions of the public body of that information officer and the information officer does not know whether the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; and (c) the record— (i) was created by or for another public body; or (ii) was not so created by or for any public body, but was received first by another public body, the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be. (3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request. (4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred. (5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of— (a) the transfer; (b) the reasons for the transfer; and (c) the period within which the request must be dealt with. | The law provides for transfers but also allows transfers if the information is more closely associated with another body. |
| South Sudan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14 allows for referrals or transfers. | |
| Sweden | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Swedish Administrative Procedure Act, Article 4, Paragraph 3. | Article provides:\"If someone by mistake refers to the wrong authority the authority should set him right\".No mention about transfers (1 point loss). |
| Tajikistan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 13(2) - referrals, not transfers. | |
| Tanzania | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Section 13(1) Where the information holder to which a request for information is made considers that another information holder is the appropriate holder of the information requested, the information holder to which therequest was initially made may, as soon as practicable but not exceeding seven days after the request is received, transfer the request to such other information holder and give a written notice of the transfer to the person who made the request. | Transfers but grounds for transfer are too broad (other body is the "appropriate" body). |
| Thailand | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Section 12. In the case where a person makes a request for official information under section 11, the State agency receiving the request shall, notwithstanding that the requested information is in the control of the central office or a branch office of such agency or in control of other State agency, give advice for the purpose of submitting the request to the State agency exercising the control of such information without delay. If the State agency receiving the request is of the opinion that information for which the request is made is the information prepared by another State agency and prohibited from disclosure in accordance with Rule issued under section 16, it shall remit such request to the State agency preparing such information for further considering and making an order. | The transfer regime is not very clear. Transfers are allowed where information is prepared by another authority, which is overbroad, and there is no clear requirement that the first authority not hold the information. |
| Togo | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 16 : Lorsqu'un organisme public est saisi d'une demande de communication portant sur une information ou un document publics qu'il ne détient pas, il oriente l'intéressé vers l'administration ou le service qui détient cette information ou ce document. | Referral system |
| Uganda | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 13. Transfer of request. (1) Where a request for access is made to the information officer of a public body in respect of which - (a) the record is not in the possession or under the control of that body but is in the possession of another public body; or (b) the subject matter of the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made, the information officer to whom the request is made shall, as soon as reasonably possible but in any event within twenty one days after the request is received - (i) transfer the request to the information officer of the other public body; and (ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it is helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer. (2) Upon the transfer of a request for access, the information officer making the transfer shall immediately notify the person requesting access of - (a) the transfer; (b) the reasons for the transfer; and (c) the period within which the request shall be dealt with. | S. 13 - law allows transfers, but permits them where the info is more closely connected to another body. |
| Uruguay | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Artículo 14. (Límites del acceso a la información pública).- La solicitud de acceso a la información no implica la obligación de los sujetos obligados a crear o producir información que no dispongan o no tengan obligación de contar al momento de efectuarse el pedido. En este caso, el organismo comunicará por escrito que la denegación de la solicitud se debe a la inexistencia de datos en su poder, respecto de la información solicitada. Esta ley tampoco faculta a los peticionarios a exigir a los organismos que efectúen evaluaciones o análisis de la información que posean, salvo aquellos que por sus cometidos institucionales deban producir. No se entenderá producción de información, a la recopilación o compilación de información que estuviese dispersa en las diversas áreas del organismo, con el fin de proporcionar la información al peticionario. | Article 14: when the information does not exist, the public body must communicate to the requester the situation. Nonetheless they are not obliged to refer the requester to another institution, etc. |
| Vietnam | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 26(3): The state agency receiving request shall be responsible for announcing and guiding the requester to go to the competent agency if they themselves are not responsible for providing the requested information. | Referral system |
| Yemen | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 22: "If the request is denied, in whole or in part, the employee has to show in a written reply that would be submitted to the applicant, the reason for the rejection of the application and that reason should not be: A. That the information is not held by the party. B. That the information required fall within the scope of one or more exceptions specified in this law and that Article (27) is not applicable while the exception/exceptions that were utilized should be referred to." | Art 22 allows for such transfers, keeping the original timeline, which is good, but they lose a point because transfers are permitted in situations where the other authority has a greater connection to the information. |
| Zambia | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 11 | |
| Bangladesh | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Czech Republic | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Denmark | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Ecuador | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Germany | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | No specific provision. |
| Guatemala | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Guyana | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Honduras | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Hungary | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Iran | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Italy | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Jordan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | 9(c) The Official in Charge shall reply to or reject the request within thirty (30) days as of the date following the date of request submission. [...] | No - several sections indicate that departments are only responsible for info under their control, with no mention of referral procedures, and 9(c) implies no notification either. |
| Kazakhstan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Lebanon | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned |
| Monaco | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned |
| Montenegro | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Not mentioned. | |
| Morocco | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned |
| Mozambique | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Right to Information Law Regulation ARTIGO 14 (Information unavailable) If the official or agent responsible for granting the right to information has acted with the required diligence. | Need to show evidence of looking for the document but not to transfer requests |
| Nicaragua | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Artículo 30.- La consulta in situ de la Información Pública se realizará en horas hábiles de trabajo y en presencia de un empleado público, en la institución correspondiente que dispone de dicha información, quien no podrá rechazar la solicitud presentada. La única función del empleado público será, en este caso, la de garantizar el cuido, resguardo y la seguridad del documento o documentos. Si el funcionario ante quien se presenten adujera que deben presentarse en otro lugar, debe indicar con precisión, el lugar y ante quien, con un visto bueno de referencia, responsabilizándose de que remite a la fuente correcta o de lo contrario caerá en incumplimiento de la Ley. | Art 30 provides for referrals, but under overly broad parameters (ie - before the officer begins their search). |
| Palau | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Not mentioned | |
| Paraguay | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | |
| Qatar | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Not mentioned | |
| Sudan | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned |
| Switzerland | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | Not mentioned | |
| Trinidad and Tobago | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
| United States | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | This is not a legal requirement, and agencies are not required to transfer or refer requests | |
| Venezuela | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | 6. El ejercicio del derecho de acceso a la información de interés público comprende: 1) Conocer si la información solicitada se encuentra a disposición del sujeto obligado ante el cual se formula la solicitud. | There is a right to know if requested information is held by an authority but no provision for transfer of requests or even referral to another authority. |
| Zimbabwe | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | 12 (1) If an information officer has— (a) taken all reasonable steps to find the information requested; and (b) concluded that the information— (i) cannot be found; or (ii) does not exist; the information officer shall, within twenty-one days of the receipt of the request, notify the applicant in writing that the information cannot be found or does not exist. (2) If information is found after notification of the applicant in terms of subsection (1), the information officer must notify the applicant in writing within fourteen days of the information being found and thereafter proceed in terms of section 8. | Only deals with informing the requester when information is not held (and unnecessarily gives 21 days after information is found to notify the applicant) but no requirement either to refer or transfer |
