By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 39. The provisions of this law, with regard to access to information, supersedes all other laws. | |
| Albania | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 17(5) The right to information is not automatically refused when the information sought is found in documents classified as state secret. In this case, the public authority, receiving the information request, starts immediately the classification review procedure at the public authority who ordered the classification, according to the Law No. 8457 of 11.02.1999, "On the classified information as "state secret"", as amended. The public authority shall immediately notify the applicant on starting the classification review procedure under the Law and decides whether to extend the deadline for providing information within 30 working days. In any case, the decision to handle or not the information request is taken and reasoned based on the criteria of this Article | |
| Angola | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 21 All legislation contrary to the provisions of the present law is hereby repealed. | Title of the law states that it "which hereby repeals all legislation that contradicts the provisions of the current law." Art 21 reinforces this. |
| Antigua and Barbuda | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 6(1) This Act applies to the exclusion of the provisions of any other law that prohibits or restricts the disclosure of a record by a public or private body to the extent that such provision is inconsistent with this Act. | |
| Bangladesh | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 3. Act to override. - Of any existing law - (b) "the provisions of creating inpediment in providing information shall be superseded by the provisions of this Act if they become conflicting with the provisions of this Act." | |
| Bulgaria | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | N/A | According to the same constitutional court decision No 7 of 1996 the right to information takes priority to restrictions (should be regarded as a principle to exceptions). |
| Ethiopia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Art 15(1) The right of access provided in Article 12 of this Proclamation applies to the exclusion of any provision of other legislation that prohibits or restricts the disclosure of information, provided that this right takes effect subject to the exceptions provided in this Part. 49 Laws, regulations, directives, orders and practices which are inconsistent with this Proclamation shall, to the extent of that inconsistency, not be applicable. | Art 15(1) "The right of access provided in Article 12 of this Proclamation applies to the exclusion of any provision of other legislation that prohibits or restricts the disclosure of information, provided that this right takes effect subject to the exceptions provided in this Part." To me, the phrase "to the exclusion" means it trumps other legislation, but this is unclear as the translation is ambiguous. Hopefully our local expert can clarify this. Art 49 seems to confirm my interpretation. |
| Iceland | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | N/A | Is not found in law, but Administrative Procedures Act states in Article 15 that laws on secrecy shall not limit the duty to grant access to material under this Article. |
| India | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 22. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. | |
| Ireland | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 8(8) Nothing in this Act shall be construed as prohibiting or restricting an FOI body from publishing or giving access to a record (including an exempt record) otherwise than under this Act where such publication or giving of access is not prohibited by law. | |
| Liberia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 1.7: "Primacy of Act: Save for the Constitution, this Act is and shall be the primary law governing the right of access to information, including all matters related to request for and provision of information in Liberia. No administrative action, order or regulation contrary to, inconsistent with, or in derogation of this Act shall issue or be effective in Liberia, and this Act shall prevail over any and all subsequent inconsistent statutes, except a subsequent statute that specifically amends or repeals it." | |
| Mexico | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 100. Classification is the process by means of which the regulated entity determines that the information in its possession updates any of the assumptions of secrecy or confidentiality, in accordance with the provisions of this Title. The assumptions of secrecy or confidentiality laid down in the laws should be consistent with the bases, principles and provisions established in this Act and in no case they may contravene it. The heads of the Areas of the regulated entities will be responsible for classifying the information in accordance with the provisions of this Act, the Federal Act and that of the States. Article 113. The information may be classified as privileged if its publication: XIII. Which, by express provision of a law, have such character, provided they are consistent with the bases, principles and provisions laid down in this Act and not contravene it; as well as those provided for in international treaties. | |
| Nicaragua | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Artículo 50.- Esta Ley es de orden público por lo que prevalecerá sobre otras leyes que se le opongan. | |
| Nigeria | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 28(1) The fact that any information in the custody of a public institution is kept by that institution under security classification or is classified document within the meaning of the Official Secrets Act does not preclude it from being disclosed pursuant to an application for disclosure thereof under the provisions of this Act, but in every case the public institution to which the application is made shall decide whether such information is of a type referred to in Sections 11,12,14,15,16,17,19,20 or 21 of this Act. (2) If the public institution to which the application in subsection (1) is made decides that such information is not a type mentioned in the sections referred to in subsection (1), access to such information shall be given to the applicant. (3) if the public institution, to which the application mentioned in subsection (1) is made, decides that such information is of a type mentioned in sections referred to in subsection (1), it shall give notice to the applicant. 30(2) Where the question whether any public record or information is to be made available, where that question arises under this Act, the question shall be determined in accordance with the provision stated herein, unless otherwise exempted by this Act. | S. 28 says that this overrules the official secrets act, and 30(2) reinforces this. |
| Panama | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Artículo 28: Esta Ley deroga toda disposición legal o reglamentaria que le sea contraria. | Article 28 of Law 6 of 2002. |
| Rwanda | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 19: All prior legal provisions contrary to this Law are hereby repealed. | Art 19 overrules any contrary legislation |
| Saint Kitts and Nevis | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 6(1) | |
| Serbia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 8 The rights provided for in this Law may, in exceptional circumstances, be subject to limitations set out in this Law, to the extent necessary in a democratic society to prevent a serious violation of an overriding interest based on the Constitution or law. Nothing in this Law shall be construed as justifying the revocation of a right conferred by this Law or its limitation to an extent exceeding that provided for in paragraph 1 of this Article. | "Nothing in this Law shall be construed as justifying the revocation of a right conferred by this Law or its limitation to an extent exceeding that provided for in paragraph 1". |
| Slovenia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | - | Reviewer : According to the principle lex specialis posterior derogat legi generali priori the only legitimate restrictions to access to information are the 11 exemptions in the Slovene Act on the Access to Information of Public Character which must be, as limitations to a human right, interpreted restrictively. There is also an absolute positive exemption access to information on the use of public funds may not be restricted. New laws adopted after the Access to Public Information Act (APIA) may exclude the APIA (for certain documents or for a certain period of time), but such a derogation should be clear and this does not create a conflict between such a provision and the APIA as it is considered as a part of the RTI legislation. |
| South Africa | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 5. This Act applies to the exclusion of any provision of other legislation that— (a) prohibits or restricts the disclosure of a record of a public body or private body; and (b) is materially inconsistent with an object, or a specific provision, of this Act. | |
| South Sudan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Art 2 - Any existing legislation on the subject governed by this act is hearby repealed… | |
| Sri Lanka | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Section 4. The provisions of this Act shall have effect notwithstanding anything to the contrary in any other written law and accordingly in the event of any inconsistency or conflict between the provisions of this Act and such other written law, the provisions of this Act shall prevail. | |
| Turkey | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 5.2: "The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force". | |
| Ukraine | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 2. Limitation of access to information shall be carried out in accordance with the law with observance of combination of the following requirements: 1) exclusively in the interests of the national security, territorial integrity or public order with the purpose of prevention of disorder or crimes, for protection of public health, for protection of the reputation or rights of other people, for preventing the disclosure of information received confidentially, or for maintaining the authority and impartiality of justice; 2) disclosure of information can cause significant harm to these interests; 3) the harm from publication of the information outweighs public interest in obtaining the information. 8.1 Secret information shall mean information, access to which is limited in accordance with Paragraph 2 of Article 6 of this Law, and disclosure of which may harm a person, society, and the state. Information that contains state, professional, banking secrets, secrets of pre-trial investigation and other secrets envisaged by the law shall be considered secret. 2. Procedure of access to secret information shall be regulated by this Law and special laws. 13.4 All information administrators, regardless of the legal act that determines their activity, must be guided by this Law when deciding issues concerning access to information. | Article 8.1 of the Law defines secret information as information access to which is restricted according to Article 6.2 of the Law. So even though there is a special Law on State Secrets, FOI Law trumps it. |
| Yemen | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 64: "Any provision contrary to the provisions of this law shall be deleted." | Article 64 states this. |
| Zimbabwe | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 20 An entity may refuse to grant access to information only if the information falls within an exemption provided for in this Part. | Only exceptions in this law apply |
| Croatia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | Art.16.1.:The information holder as referred to in Article 15 paragraph 2 item 1 of this Law (deals with information classified in line with act dealing with data secrecy), upon the earlier acquired consent of the Office of the National Security Council, is bound to, prior to reaching a decision, conduct the Proportionality Test and the Public Interest Test. Art.16.2. When conducting the Proportionality Test and the Public Interest Test the public authority body shall be bound to determine whether access to information may be restricted in order to protect some of the interests referred to in Article 15 paragraphs 2, 3 and 4 of this Law (including clasiffied information), whether granting access to requested information in each individual case would seriously damage these interests and whether the need to protect the right to restrictions prevails over the public interest. If the public interest prevails over the damage caused to protected interests, the information shall be made available. | If public interest prevails, even classified documents will be made public. However, in its recent decision the High Administrative Court stated that the Information Commissioner does not have the authority to declassify information, or to be more precise - to order the public authority body to make a classified information publicly available because public interest in this individual case prevails. A Constitutional Appeal has been placed before the Constitutional Court, but there are no deadlines for a decision. Legal framework is adequate, but the practice of administrative courts and the Constitutional Court simply means access to information is not granted in all cases with classified documents in which public interest prevails. |
| Liechtenstein | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | Article 31. | |
| Pakistan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | 25 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. | General rule on overriding but not specifically about secrecy rules |
| Philippines | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | Section 18: Repealing Clause: All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed pending further review. | |
| Sweden | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | It appears not because Article 2 states: \"Any restriction of the right of access to official documents shall be scrupulously specified in a provision of a special act of law, or, if this is deemed more appropriate in a particular case, in another act of law to which the special act refers.\" | |
| Togo | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | Article 52 : Sont abrogées, toutes les dispositions antérieures et contraires à celles de la présente loi. | Only prior laws. |
| Vanuatu | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | 5 Act to prevail (1) If a provision of this Act conflicts with a provision of any other Act other than the Constitution, the provisions of this Act prevail. | General override but not specified that it applies to exceptions. |
| El Salvador | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | ARTICLE 110 La presente ley se aplicará a toda la información que se encuentre en poder de los entes obligados; por tanto, quedan derogadas todas las disposiciones contenidas en leyes generales o especiales que la contraríen, incluyendo las que regulen el régimen de tal información en la Ley del Seguro Social y la Ley de la Comisión Ejecutiva Hidroeléctrica del Río Lempa. No se derogan las siguientes disposiciones: a. Artículo 6 de la Ley sobre el enriquecimiento ilícito de funcionarios y empleados públicos. b. Los artículos 324, 355 y 356 del Código Penal. c. Las contenidas en la Ley Especial para la Protección de Víctimas y Testigos. d. Las que se refieren a la actuación de los agentes policiales encubiertos. e. Artículo 9 del Código Procesal Civil y Mercantil. f. Las normas contenidas en leyes procesales, en cuanto al acceso a expedientes durante el período de su tramitación, así como las destinadas a preservar la intimidad de las personas o la identidad de menores de edad en materia procesal de familia, violencia intrafamiliar o de menores. g. Los artículos 305 y 400 de la Ordenanza del Ejército. h. Los artículos 64, 124,125, 126 y 145 del Código de Justicia Militar. i. Las contenidas en leyes tributarias relativas a la confidencialidad de la información contenida en declaraciones hechas con fines impositivos. j. El artículo 115 de la Ley de Hidrocarburos. k. Las contenidas en las distintas leyes que prohíban a los servidores públicos el uso de información privilegiada para fines personales. l. Artículo 675 del Código Civil. m. Artículo 3 de la Ley transitoria del registro del estado familiar y de regímenes patrimoniales del matrimonio. n. Artículo 461 del Código de Comercio. o. Artículo 4 de la Ley de Registro de Comercio. p. Artículo 46 de la Ley de la Corte de Cuentas de la República. q. Las contenidas en la Ley del Archivo General de la Nación. r. Artículo 21 del Reglamento general de la Ley de Educación Superior. | Art 110 says the standards here trump all other provisions, but then lists 18 exceptions to this - too many for more than 1 point. |
| Finland | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | [Principles of Openness] Article 6(1) Unless otherwise provided on document publicity or secrecy or another restriction of access to information in this Act or another Act, a document prepared by an authority shall enter the public domain as follows [...]. | According to the experts, there might be secrecy provisions in some other acts, but they are not be in conflict substantially with the provision in the Openness Act (2 point loss). |
| Ghana | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | 27 (1) A public institution may refuse access to information if (a) the application is manifestly frivolous or vexatious; or (b) the information is an exempt information. (2) Where an information officer refuses to grant access to information for any of the reasons stated in subsection (1), the information officer shall notify the applicant in writing of the reason upon which the refusal is based. 85 Where an enactment in existence immediately before the coming into force of this Act provides for the disclosure of information by a person or an authority, the disclosure of the information is subject to this Act. | Not at all clear; says information may only be refused based on this Act, and also provides for this Act to dominate in cases of other laws providing for disclosure but never says it overrides other laws. |
| Kosovo | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | 2(1) This Law shall apply to all public documents produced, received, maintained, or controlled by public institutions, except in cases when it is limited otherwise by the legislation into force. (4) The application and access to classified documents shall be made in accordance with the relevant law on classification of information. 4(6) Restrictions on the right to access public documents shall be made only in limited and specific cases determined by the legislation into force. 17(5) The request for access to public documents may be refused: (5.1) if, regardless the assistance by the public institution, the application remains quite unclear to enable the identification of a document; (5.2) if the conditions and requirements from paragraphs 2 and 4 of this Article are met. | Unclear - RTI law appears to be trumped by other legislation in some cases but not in others. |
| Lithuania | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | Article 3. Basic Principles of Provision of Information to the Public "<...> 4. The enjoyment of freedom of information may be restricted by the requirements, conditions, restrictions or penalties which are laid down in laws and are necessary in a democratic society to protect Lithuania's state security, its territorial integrity, public order and constitutional system, to guarantee the impartiality of its judicial authority with a view to preventing violations of law and crimes and disclosure of confidential information, and to protect public health and morality as well as their private life, dignity and other rights." | |
| Moldova | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | 7. Official information with limited access (1) The exercise of the right to information may be subject only to the restrictions defined by an organic law and meeting the following requirements: a) respecting other people's rights and reputation; b) protecting national security or public order, as well as public health or morals. (2) According to para. 1 of the present article, free access to any kind of official information may not be restricted except for the following cases: ... | Seems to limit restrictions to organic laws which meet the conditions of Article 7, which mostly provides for a harm test and public interest override, but this is not sufficiently clear. |
| Nepal | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | There is a Supreme Court decision (available in Nepali) about access to university answer sheets, which provides that the RTI law overrides other laws. | |
| Netherlands | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 2 | Expert: says that Wob overrules regarding access all other laws, except for limited lex specialis situations. | |
| Russia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | Article 2(2): (Scope of the Present Federal Law): If federal constitutional laws, federal laws, and other normative legal acts of the Russian Federation adopted according to the above-specified laws stipulate distinctions in the granting of specific types of information on the activities of government bodies and bodies of local self-government, the provisions of the present Federal Law shall be applied, taking into account the distinctions stipulated by such federal constitutional laws, federal laws and other normative legal acts of the Russian Federation. (3): If laws and other normative legal acts of subjects of the Russian Federation, adopted under the jurisdiction of subjects of the Russian Federation, stipulate distinctions in the granting of specific types of information on the activities of government bodies of subjects of the Russian Federation and bodies of local self-government, the provisions of the present Federal Law shall apply, taking into account the distinctions stipulated in such laws and other normative legal acts of subjects of the Russian Federation. Article 3(1): (Legal Regulation of Relations Arising in Connection with Providing Access to Information on the Activities of Government Bodies and Bodies of Local Self-Government): Legal regulation of relations arising in connection with providing access to information on the activities of government bodies and bodies of local self-government is carried out according to the Constitution of the Russian Federation, federal constitutional laws, the present Federal Law, Federal Law "on providing access to information on the activity of courts in the Russian Federation," [...] other federal laws, and other normative legal acts of the Russian Federation. Legal regulation of relations arising in connection with providing access to information on the activities of government bodies of subjects of the Russian Federation and bodies of local self-government is also carried out according to laws and other normative legal acts of subjects of the Russian Federation, and, with respect to bodies of local self-government, by municipal legal acts. (2) If an international treaty of the Russian Federation defines other rules than those stipulated in the present Federal Law, the rules of such international treaty shall apply. | State secrets law is not trumped by the RTI law in Russia. |
| Tunisia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | Art. 4 - Sous réserve des articles 24 et 25 de la présente loi, le dépôt aux archives des documents contenants l’information accessible au sens de la présente loi, ne fait pas obstacle au droit d’y accéder. Art. 24 - L’organisme concerné ne peut refuser l’accès à l’information que lorsque ceci entraînerait un préjudice à la sécurité ou la défense nationale ou les relations internationales y liées ou les droits du tiers quant à la protection de sa vie privée, ses données personnelles et sa propriété intellectuelle. | Although the overriding effect is not mentioned, exceptions are allowed only insofar as they are based on the law. Also, the law is an Organic Law so has priority over lower forms of legislation and the right is also guaranteed in Article 32 of the Constitution. |
| Uganda | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | 2. Application. (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. | Law says that nothing here DETRACTS from any right of access granted by another law. By stating this, but not stating that other laws can detract from the right of access granted here, there is an implication that other laws will not supersede this. But this is not explicitly stated - hence 2/4. |
| Armenia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 6(3) Freedom of information can be limited in cases foreseen by the Republic of Armenia Constitution and the Law. 8(1) Information holder, with the exception of cases defined in the 3rd clause of the proceeding Article, refuses to provide information if: (a) contains state, official, bank or trade secret; (b) infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions; (c) contains pre-investigation data not subject to publicity; (d) discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets). (e) infringes copy right and associated rights. | 6(3) limits secrecy to the grounds set out in the RTI law; however, 8(1) refers to general categories of secrets - such as 'state secrets' and 'official secrets' - which are essentially defined by other laws |
| Austria | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | Not mentioned but covered in part by Article 22(a)(2) of the Constitution | One point allocated on the basis of the constitutional guarantee but it is not clear how this will play out as constitutional rights could also be posited in favour of secrecy. |
| Canada | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 24(1) The head of a government institution shall refuse to disclose any record requested under this Part that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II. |
Schedule II lists a number of other laws which have independent provisions. |
| Colombia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | N/A | It is a statutory law which means it is higher in hierarchy than an ordinary law but intelligence law on state secrets is also a statutory law - and there is no statement included which allows the law to trump conflicting provisions. |
| Fiji | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | n/a | Not mentioned but some benefit of the doubt given since the right is constitutional in nature. |
| Gambia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 4 (1) The provisions of this Act shall have effect over anything inconsistent therewith contained in the Official Secrets Act, General Orders of the Government, regulations and by-laws of any public body. 38 The exemptions in this Part are not exhaustive and, may from time to time be expanded by the Minister. | One point is due here since the Act overrides the Official Secrets Act and other subsidiary instruments, but laws other than the Official Secrets Act are not explicitly mentioned. Furthermore, the Minister can expand the list of exceptions at will, which is highly problematic. |
| Ivory Coast | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 7. Le droit à la communication s’applique aux documents définitifs. Le dépôt aux archives publiques des documents communicables ne fait pas obstacle au droit à la communication desdits documents. | Article 7 provides that depositing a document in the archives is not an obstacle to access, despite the fact that the Archives Law will have over broad secrecy provisions in it (so there is some degree of override of other laws there) but apart from that the RTI law does not mention its relationship with secrecy laws. |
| Kyrgyzstan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 2.3. The norms of legislation contained in other laws and other regulatory legal acts and related to the scope of this Law shall comply with this Law. In the event of a conflict between this Law and other laws, the provisions of this Law shall apply. The provisions of Part 2 of this Article shall not prevent other laws from imposing restrictions on access to information in accordance with the requirements of this Law. 2.5. This Law shall not apply to:...(3) relations related to the provision of information, access to which is restricted in accordance with the laws in the field of protection of state secrets, protection of personal data of the Kyrgyz Republic, as well as relations related to the provision of information, access to which is restricted in accordance with part 3 of Article 8 of this Law. 8.3. Restriction of the right of access shall be established in relation to the following information: (1) State secrets defined by the Law on the Protection of State Secrets; (2) of a personal nature, as defined by the law on personal information; (3) on operational-search, foreign intelligence and counter-intelligence activities, on criminal proceedings in cases established by law in the field of operational-search activities, criminal procedural activities; (4) containing secrets protected by law (commercial, banking, notary, medical, lawyer's, etc.); (5) on individual data used in the development, production and dissemination of official statistics, as defined by the legislation on official statistics. 8.4. The list of information related to confidential information shall be determined in accordance with the legislation on electronic governance. | 2.3 provides that this law has priority over conflicting legislation, but 2.5(3) and 8.3 and 8.4 uphold several other laws. |
| Mongolia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 2.1. The Legislation on the Information transparency and right to information shall consist of the Constitution of Mongolia, Law on the State Secret, Law on Approval of the State classified information list, the Law on Privacy, this law and other legislative acts adopted pursuant to these laws. 2.2. If an international treaty to which Mongolia is a party is inconsistent with this law, then such provisions of the international treaty shall prevail. 5.1. The following principles shall apply in the activities to ensure the information transparency and right to information: 5.1.3. Openness of all information with exception of the state classified information in pursuant to the Law; 14.1. An organization specified in the article 3.1 of this Law is obliged to release information related to the activities of the organization, except the information prohibited publicly disclose as specified in the laws and legislations, to citizens and legal entities. 18.1. In the following circumstances, it is prohibited to disclose the information to others: 18.1.5. others specified in laws and legislations. | The law on state secrets remains in force, classification seems to trump openness and exceptions in other laws apply but the law can also be trumped by international treaties |
| Morocco | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 7(1) En vue de préserver les intérêts supérieurs de la Patrie et conformément aux dispositions du deuxième paragraphe de l'article 27 de la Constitution et sous réserve des délais prévus aux articles 16 et 17 de la loi n° 69-99 relative aux archives, font objet d'exception au droit d'accès à l'information toutes les informations relatives à la défense nationale, à la sécurité intérieure et extérieure de l'Etat, à la vie privée des personnes ou celles ayant le caractère de données personnelles ainsi que les informations dont la divulgation est susceptible de porter atteinte aux libertés et droits fondamentaux prévus par la Constitution et à la protection des sources des informations. (2) Les dispositions de l'alinéa précédent sont applicables aux informations dont la divulgation est préjudiciable : 1. aux relations avec un autre pays ou organisation internationale gouvernementale ; 2. à la politique monétaire, économique ou financière de l'Etat ; 3. aux droits de propriété industrielle, droits d'auteur ou droits connexes ; 4. aux droits et intérêts des victimes, témoins, experts et dénonciateurs, concernant les infractions de corruption, de détournement, de trafic d'influence et autres, régies par la loi n°37-10 modifiant et complétant la loi n° 22-01 relative à la procédure pénale. (3) Font également objet d'exception du droit d'accès à l'information, les informations revêtant un caractère confidentiel en vertu des textes législatifs particuliers en vigueur et celles dont la divulgation porte atteinte à : a) la confidentialité des délibérations du Conseil des ministres et du Conseil du gouvernement ; b) la confidentialité des investigations et enquêtes administratives, sauf autorisation par les autorités administratives compétentes ; c) au déroulement des procédures juridiques et des procédures introductives y afférentes, sauf autorisation par les autorités judiciaires compétentes ; d) aux principes de la concurrence libre, légale et loyale et de l'initiative privée. | Appears to grant broad overriding powers to Archives Law and other secrecy laws. |
| Namibia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 1. In this Act, unless the context otherwise indicates - ... “classified information” means classified information as defined in section 1 of the Namibia Central Intelligence Service Act, 1997 (Act No. 10 of 1997); 3(3) Unless otherwise provided in this Act, nothing in this Act - (a) limits any other legislation that grants access to information held by a public or private entity; or (b) prevents any other legislation that prohibits or limits the disclosure of information held by a public or private entity, but in the case of a conflict between this Act and such other legislation, the legislation with a provision that is more favourable than the other in terms of granting access to information prevails. 65(1) Classified information - (a) is exempt from disclosure under this Act merely on the basis of its classification status under the relevant law; and (b) remains classified until - (i) declassified under the relevant law; (ii) its classification period expires in terms of the relevant law; or (iii) disclosed under this Act or any other law. | In cases of conflict the provision friendly to access governs, but then classified information is exempt |
| Poland | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 1(2) The provisions of the Act shall not breach the provisions of other acts defining different principles and the mode of access to the information being public information. | Info will be withheld if disclosure would be contrary to the provisions of another enactment. Although, the privacy exception is treated as an exception solely described in the Access to Public Information Act, adding 1 point. |
| Romania | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | CHAPTER IV. Transitory and Final Provisions. Article 25 "The date when this law comes into force, all contrary provisions shall be abrogated." Art. 12. - (1) Exemption from the free access of the citizens, stipulated in art. 1 and Art. 11, the following information: a) information in the field of national defense, safety and public order, if it belongs to the categories of classified information, according to the law; b) information regarding the deliberations of the authorities, as well as those regarding the economic and political interests of Romania, if they are labelled as classified information, according to the law; c) information on commercial or financial activities, whether their advertising infringes intellectual or industrial property rights and the principle of fair competition, according to the law; d) information on personal data, according to the law; e) information on the procedure during the criminal or disciplinary investigation, if the outcome of the investigation is jeopardized, disclosure of confidential sources or endangering the life, bodily integrity, health of a person following an investigation being carried out or in progress; f) information on court proceedings, if their publicity prejudices the assurance of a fair trial or the legitimate interest of any party to the proceedings; g) information the disclosure of which prejudices measures for the protection of young people. | |
| Seychelles | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 3(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Oaths Act (Cap’l 53). 32(2) An Information Officer may refuse a request in cases where any written law other than this Act prowdes for giving the information requested for | Only refers to overriding the Official Oaths Act; s. 32(2) says "may refuse" but we presume this is a mistake and it means "may not refuse". |
| Tanzania | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | Section 3: "exempt information" means any information, or document containing information, withheld by the information holder in accordance with section 6; Section 5(2) The information holder shall, subject to the provisions of section 6 and any other written laws, make available to the public or, on request, to any person, information which is under his control. | s. 3 refers only to s. 6 of the ATI Law but s. 5(2) explicitly refers to any other law. Likley that s. 5(2) will apply. |
| Trinidad and Tobago | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 11. (1) Notwithstanding any law to the contrary and subject to the provisions of this act, it shall be the right of every person to obtain access to an official document. 34. A document is an exempt document if there is in force a written law applying specifically to information of a kind contained in the document and prohibiting persons referred to in the written law from disclosing information of that king, whether the prohibition is absolute or is subject to exceptions or qualifications. | 11(1) – "notwithstanding any law to the contrary", but s. 34 allows material exempted by other laws to remain exempt. |
| United States | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 7(b)(3) allows for other statutes to classify information, but places some restrictions on how this can be done. | |
| Vietnam | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | Article 3(4): The right to access to information shall be restricted in compliance with the laws and if it is deemed necessary to protect the national defense, national security, social order and safety, social ethics, and public health. Article 6(1): Information classified as state secrecy, including important information in politics, national defense, national security, foreign affair, economics, sciences, technology and other fields as regulated by law. Article 16: If the provisions on access to information of other laws do not contrast to Article 3 of this Law, the provisions of those laws shall apply. Reg 7(1): Units in charge of information creation of information-providing agencies shall review, check and identify information in documents, dossiers and materials as those inaccessible to citizens or accessible to citizens under certain conditions under Articles 6 and 7 of the Law on Access to Information before transferring them to units in charge of information provision. | Other laws do apply and even through a classification process but there are at least some limited restrictions on them. |
| Zambia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 2(2), 6(1), 27 | |
| Andorra | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 0 | "Article 17. 6) General principles: The information declared as reserved by the State may not be the subject of the right of access provided for in Chapter according to this Title, unless the prior classification of its conformity is carried out with Article 22." "Article 17. 6 ) Principis generals : La informació declarada com a reservada d’Estat no pot ser objecte del dret d’accés previst al capítol segon d’aquest Títol, llevat que es procedeixi a l’aixecament previ de la seva classificació de conformitat amb l’article 22." | |
| Argentina | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | ARTÍCULO 8° — Excepciones. Los sujetos obligados sólo podrán exceptuarse de proveer la información cuando se configure alguno de los siguientes supuestos: k) Información de carácter judicial cuya divulgación estuviera vedada por otras leyes o por compromisos contraídos por la República Argentina en tratados internacionales; | |
| Australia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 38 Documents to which secrecy provisions of enactments apply (1) Subject to subsection (1A), a document is an exempt document if: (a) disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment; and (b) either: (i) that provision is specified in Schedule 3; or (ii) this section is expressly applied to the document, or information, by that provision, or by another provision of that or any other enactment. (1A) A person’s right of access to a document under section 11 or 22 is not affected merely because the document is an exempt document under subsection (1) of this section if disclosure of the document, or information contained in the document, to that person is not prohibited by the enactment concerned or any other enactment. (...) | Schedule 3 contains a list of other laws which apply. |
| Azerbaijan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 4.2. This Law does not apply to: … 4.2.1. information constituting a state secret defined by law; 5.2. Other normative legal acts of the Azerbaijan Republic may not establish rules other than the requirements of this Law regarding access to information. 21.1. The owner of the information refuses to execute the request in the following cases: 21.1.1. if the request relates to information whose access is restricted by law, or if the applicant does not have the authority to obtain this information or, if required by this Law, the applicant has not submitted an identity document; 34.2. Information, access to which is not restricted by the law of the Republic of Azerbaijan, shall be considered public information. 34.3. Information restricted by law is confidential and confidential according to its legal regime. | Article 5.2 permits only restrictions as recognised by that law but then Article 21.1.1 clearly recognises restrictions in other laws, thus essentially going around Article 5.2. |
| Bahamas | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 3. Application. (1) Subject to subsection (2), this Act applies to— (a) public authorities; but this paragraph shall not be read so as to allow access to records containing information that may not be disclosed under— (i) section 38 of the Central Bank of The Bahamas Act (Ch. 351); (ii) section 28 of the Securities Industry Act, 2011 (No. 10 of 2011); (iii) section 74 of the Insurance Act (Ch. 347); (iv) section 45 of the Financial Transaction Reporting Act (Ch. 368), and any other body or class of information which the Minister may, by Order, specify; | RTI law explicitly does not trump all secrecy provision in other legislation. And there is no general override clause. |
| Belgium | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Belize | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | SECTION 25 A document is an exempt document if it is a document to which a prescribed provision of an enactment, being a provision prohibiting or restricting disclosure of the document or of information or other matter contained in the document, applies. | No - S 25 - allows documents to be exempted by other legislation |
| Benin | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned |
| Bolivia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 7(I) Access to information may only be denied in an exceptional and reasoned manner, only with respect to information that prior to the request and in accordance with current laws is classified as secret, confidential or confidential. This qualification will not be, in any case, discretionary of the public authority. | Other laws expressly preserved. |
| Bosnia and Herzegovina | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Brazil | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Burkina Faso | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 51 : La restriction des informations et documents non communicables concerne également toute information publique dont la divulgation est interdite par des dispositions législatives. | |
| Cape Verde | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2(3)(b)-(e), 3(2)(b)-(c), 10, 11(3)(a), (c) | A number of the exception rules make it clear that they are subject to existing laws and not the other way around. |
| Chile | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | ARTICLE 21. Las únicas causales de secreto o reserva en cuya virtud se podrá denegar total o parcialmente el acceso a la información, son las siguientes:(...) 5. Cuando se trate de documentos, datos o informaciones que una ley de quórum calificado haya declarado reservados o secretos, de acuerdo a las causales señaladas en el artículo 8º de la Constitución Política. ARTICLE 22. Los actos que una ley de quórum calificado declare secretos o reservados mantendrán ese carácter hasta que otra ley de la misma jerarquía deje sin efecto dicha calificación. Transcurridos cinco años contados desde la notificación del acto que declara la calificación, el servicio u órgano que la formuló, de oficio o a petición de cualquier persona y por una sola vez, podrá prorrogarla por otros cinco años, total o parcialmente, evaluando el peligro de daño que pueda irrogar su terminación. Sin embargo, el carácter de secreto o reservado será indefinido tratándose de los actos y documentos que, en el ámbito de la defensa nacional, establezcan la planificación militar o estratégica, y de aquéllos cuyo conocimiento o difusión puedan afectar: a) La integridad territorial de Chile; b) La interpretación o el cumplimiento de un tratado internacional suscrito por Chile en materia de límites; c) La defensa internacional de los derechos de Chile, y d) La política exterior del país de manera grave. Los documentos en que consten los actos cuya reserva o secreto fue declarada por una ley de quórum calificado, deberán guardarse en condiciones que garanticen su preservación y seguridad por el respectivo órgano o servicio. Los documentos en que consten los actos declarados secretos o reservados por un órgano o servicio, deberán guardarse en condiciones que garanticen su preservación y seguridad por el respectivo órgano o servicio, durante el plazo de diez años, sin perjuicio de las normas que regulen su entrega al Archivo Nacional. Los resultados de las encuestas o de sondeos de opinión encargados por los órganos de la Administración del Estado facultados para ello serán reservados hasta que finalice el período presidencial durante el cual fueron efectuados, en resguardo del debido cumplimiento de las funciones de aquéllas. | No - art 21(5) and 22 refer to other laws. |
| China | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 14 Government information that is lawfully designated as state secrets, government information that laws and regulations prohibit disclosure of, as well as government information that might endanger national security, public safety, economic security, or social stability after release, is not to be disclosed. 17 ... Administrative organs disclosing government information shall conduct a review of the government information to be disclosed in accordance with the "People's Republic of China State Secrets Law", as well other laws, regulations, and relevant State provisions, Where administrative organs cannot determine whether government information may be disclosed, they shall follow laws, regulations, and relevant State provisions to report to the relevant competent department, or the administrative department for secrecy management, for a confirmation. | |
| Cook Islands | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 18. Refusal of requests A request made in accordance with section 11 of this Act may be refused only for one or more of the following reasons, namely – (...) (c) that the making available of the information requested would – (i) be contrary to the provisions of any Act (...) | 18(c)(1) allows for refusals based on any other act. |
| Costa Rica | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | No - State secrets exempted at Constitutional level. Although there is no law on state secrets presumably if one were enacted it would trump the RTI decree. Since the exceptions are articulated in constitutional jurisprudence rather than the decree, arguably they could trump other laws based on a constitutional status, but this is not consistently clear enough to earn points. |
| Cyprus | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | "Article 3 (Right of access to information and scope of application) 3 (3) Ανεξάρτητα από τις διατάξεις του εδαφίου (1), το καθοριζόμενο σ’ αυτό δικαίωμα δεν υφίσταται στην περίπτωση που η αποκάλυψη των πληροφοριών, εκτός των πλαισίων του παρόντος Νόμου, από τη δημόσια αρχή η οποία τις κατέχει - (α) Ρυθμίζεται δυνάμει οποιασδήποτε άλλης ειδικής νομοθεσίας περί πρόσβασης σε πληροφορίες, (β) δεν είναι συμβατή με υποχρεώσεις που επιβάλλονται από την Ευρωπαϊκή Ένωση, ή (γ) θα συνιστούσε ή θα τιμωρείτο ως αδίκημα περιφρόνησης δικαστηρίου." | Cypriot FOI Law gets trumped by other laws in place, EU law, or if considered contempt of court. |
| Czech Republic | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 2. "3) This Act shall not apply to the provision of personal data and information under a special law information - subject-matter of industrial property 1a), and other information if a special law1b) regulates their provision, namely the processing of requests, including their elements and the manner of request submission, time limits, remedies and the manner of information provision . (4) The duty to provide information shall not apply to questions about opinions, future decisions and the creation of new information." | |
| Denmark | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Chapter 3, Section 14: "The obligation to disclose information shall be limited by special provisions on the obligation to maintain secrecy laid down by law or pursuant to laws applicable to persons employed as public servants or elected to public office. It shall not apply with regard to the ordinary obligation to maintain secrecy under the Danish Criminal Code, the Danish Public Administration Act and civil service legislation."; Chapter 5, Section 17.4. "Provisions in other laws on access to documents held by public administrative authorities shall be retained, irrespective of whether they give more limited access to documents than that provided under this Act." | |
| Dominican Republic | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| East Timor | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Preamble: The provisions of this statute do not preclude the application of special regimes governing the matters of State Secret or Justice. Article 1(3) This decree-law is without prejudice to the system of of documents that deal with matters subject to State or Justice secrecy. | |
| Ecuador | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | ARTICLE 17 De la Información Reservada.- No procede el derecho a acceder a la información pública, exclusivamente en los siguientes casos:(...) b) Las informaciones expresamente establecidas como reservadas en leyes vigentes. | 17(b) allows other laws to classify information. |
| Estonia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Petitions Act (RT I 1994, 51, 857; 1996, 49, 953; 2000, 49, 304; 92, 597; 2001, 58, 354) if responding requires the analysis and synthesis of the recorded information or the collection and documentation of additional information; 4) to restrictions on access to information and to special conditions for, the procedure for and methods of access if these are otherwise provided for in specific Acts or international agreements. (3) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; | Other laws prevalent to RTI law. |
| France | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Georgia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 28 – Availability of public information 1. Public information shall be open except as provided by law and as determined by the procedure to be considered as personal data, state or commercial secrets. 2. A public institution shall be obliged to ensure proactive publication of public information in the manner and under conditions determined by the relevant subordinate normative act. | Despite of this, RTI law does not trump other laws. The law on state secrets is older and it can be trumped, but the tax code is newer and it trumps the General Administrative Code aka RTI law. Tax Code introduced the trade secret. RTI law is a regular law in Georgia. Unless it has a status of the "organic law", it cannot trump any law generally. |
| Germany | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 1(3) Provisions in other legislation on access to official information shall take precedence, with the exception of Section 29 of the Administrative Procedure Act (VwVfG) and Section 25 of Book Ten of the Social Code. | |
| Greece | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Guatemala | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Article 69 overrides conflicting legislation, but 19(2) and 20(4) allow information to be classified by other laws. |
| Guinea | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 5. Ne sont pas considérés comme documents administratifs communicables au sens de la présente loi.... les documents classifiés par l'Etat conformément à la règlementation en vigueur sur les archives. 6. Ne sont pas communicables les documents administratifs dont la consultation ou la communication porterait atteinte : - ou, de façon générale, aux secrets protégés par la loi. En somme, tous les docments classifiés par l'Etat conformément aux dispositions de la Loi L/95/014/CTRN en date du 15 Mai 1995 sur la gestion des archives en Guinée. | Secrets protected by law are excluded |
| Guyana | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 14(3) Nothing in this Act shall be construed as requiring a public authority to disclose any information or allow inspection or taking extracts or copies of documents which are governed by any other written law. 37.A document is an exempt document if there is in force a written law applying specifically to information of a kind contained in the document and prohibiting persons referred to in' the written law from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications. 48. The provisions of this Act are in addition to and not in derogation of the provisions of the Official Secrets Act 1911 of the United Kingdom as applicable to Guyana or any other law or any instrument having effect by virtue of any law other than this Act. | 14(3) - can be overruled by any other law. See also section 37 - which exempts information whose disclosure is prohibited by another law. Reinforced by section 48. |
| Honduras | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (6) Información Reservada: La información publica clasificada como tal por esta Ley, la clasificada como de acceso restringido por otras leyes y por resoluciones particulares de las instituciones del sector publico; [...] | Article 3(6) allows other laws to classify information. |
| Hungary | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Indonesia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 17. Every Public Agency shall open the access to obtain Public Information for every Public Information Applicant, except: [...] (j) information that may not be disclosed under the law. 63. At the time this law takes into effect, all regulations of the law pertaining to obtaining any existing information continue to prevail to the extent that they are not contrary and have not been replaced under this law. | 17(j) allows other laws to classify/exempt information. 63 reinforces this. |
| Iran | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Israel | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 9(1) A public authority shall not provide information in any of the following cases: [...] (4) Information, the disclosure of which is barred by any law. | Information blocked by any other law is cited under exceptions 9(1)(4). |
| Italy | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 5-bis.3. The right under art. 5, paragraph 2, is excluded in case of State secrets and in any other case in which the access and disclosure is prohibited by the law, including the cases in which the access is subject to the legislation currently applicable to compliance with specific conditions, modalities or restrictions, including those provided for by art. 24, paragraph 1, of Law n. 241 of 1990. | |
| Jamaica | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 35(2) Subject to subsection (3), nothing in this Act shall affect the provisions of any other Act other than the Official Secrets Act, relating to the non-disclosure of information. | 35(2) - There is a great deal of debate on what this means exactly and whether ATI trumps Official Secrets or vice versa. This score was awarded based on that uncertainty. |
| Japan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Jordan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 13 Subject to the provisions of the applicable legislations, the Official in Charge shall refrain from the disclosure of the information related to: (a) The secrets and documents protected under another legislation. [...] | |
| Kazakhstan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2(2) If an international agreement, ratified by the Republic of Kazakhstan, sets out other rules than those stipulated by the present Law, then the rules of the international agreement would apply. 3(3) This Law does not apply to the order of considering requests made according to the Law of the Republic of Kazakhstan "On National archive foundation and archives". (4) This Law does not apply to the order of providing information to mass media outlets according to the Law of the Republic of Kazakhstan "On mass media". &nbsp; | |
| Kenya | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | This is not specifically mentioned in the law, though it does amend some related legislation, notably the Official Secrets Act. |
| Kuwait | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. 12. The authority shall not disclose information in the following cases: (2) If the privacy (read confidentiality) was decided by virtue of the Constitution or a law or a decision by the Council of Ministers – upon suggestion of the Minister concerned – by considering the papers it comprises as confidential for the duration determined by the Council. | Preserves other laws and even secrecy rulings by cabinet. |
| Latvia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Lebanon | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 5: Documents that may not be accessed: A – There shall be no access to information pertaining to: ... 5 – Secrets protected by law, such as professional or trade secrets. Article 24: Texts that contradict this law: All texts that contradict this law or are incompatible with its content are repealed. | There is an override clause, but also an exception allowing for classification of information contrary to law, which would dominate because that would not 'contradict' the law. |
| Luxembourg | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | A1(2): Sont toutefois exclus du droit d’accès, les documents relatifs : (vi) à un secret ou une confidentialité protégés par la loi ; | Exceptions in other laws are preserved. |
| Malawi | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 6. (1) Subject to the Constitution and any other written law, when interpreting this Act, the presumption that favours access to information shall be preferred to that restricting information. | An earlier draft contained an override clause, but this was deleted from the final version. |
| Maldives | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 3(c) Notwithstanding where a statute, already enforced or that comes into enforcement after this Act, specifies that information present at a State Institute shall be disclosed under a certain procedure, or specifies that such information shall not be disclosed, precedence must be given to the principles specified in this Act. Disclosure or non-disclosure of such information shall be based on the norms determined in this Act. 22. The following information shall be exempt from disclosure : (a) Information, disclosure of which is an offence under any law of Maldives; | Although 3(c) subjects other laws to this one, 22(a), which is part of this law, preserves any exception found in other laws. |
| Malta | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Not mentioned. | |
| Monaco | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 24(2) Sont également rejetées les demandes portant sur des documents administratifs dont la consultation porterait atteinte : h) à tout autre secret ou intérêt légitime légalement protégé. | |
| Montenegro | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Not mentioned. | |
| Mozambique | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | ARTIGO 6 (Principle of widest disclosure) 1. Public and private entities addressed by the present law shall make available all public information in their possession, publishing them through the different means permitted by the law, to make them more accessible for the citizens, without any prejudices for the exceptions expressly provided by the present law and every other applicable law. ARTIGO 9 (Principle of duty to publish) 2. The limitation of the access to information of public interest is forbidden, except for the exceptions provided by the law. ARTIGO 10 (Principle of open Public Administration) 1. Public authorities shall maintain the availability of the archives, except for the exceptions provided by the law. ARTIGO 11 (Principle of the prohibition of unlimited exceptions) Every rejection or refusal to disclose information shall be based on the exceptions provided by the law. ARTIGO 21 (State secrecy) 3. The qualification of information as State secrecy is defined by the law, and its classification is made by the official who produced it, according to the existing rules for the classification of information. Right to Information Law Regulation ARTIGO 27 (Processing of classified information) For the purpose of the exercise of the right to information the access to information encompassed for the limits and restrictions provided by article 20 of the RTI law and other specific legislation follows the rules established by the particular legislation. ARTIGO 28 (Documents containing State Secrecy) Classified documents are not available for consultation and disclosure. | The rules are really not very clear but it is clear that classificiation under other laws justifies non-disclosure |
| New Zealand | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 18 Refusal of requests A request made in accordance with section 12 may be refused only for 1 or more of the following reasons, namely: (...) (c) that the making available of the information requested would (i) be contrary to the provisions of a specified enactment (...) 52 Savings (3) Except as provided in sections 50 and 51, nothing in this Act derogates from (a) any provision which is contained in any other enactment and which authorises or requires official information to be made available; or (b) any provision which is contained in any other Act of Parliament or in any regulations within the meaning of the Regulations (Disallowance) Act 1989 (made by Order in Council and in force immediately before 1 July 1983) and which (i) imposes a prohibition or restriction in relation to the availability of official information; or (ii) regulates the manner in which official information may be obtained or made available; or (c) any provision of any Order in Council made under the Commissions of Inquiry Act 1908 or of any other document by which a Royal commission or commission of inquiry or board of inquiry is appointed. | 18(c)(i) – info will be withheld if disclosure would be contrary to the provisions of another enactment. The law also contains various other references to other legislation – such as s. 52(3). |
| Niger | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 13: Ne sont pas communicables, les informations ou documents qui ne présentent pas, par leur nature et leur objet, un caractère administratif et les informations dont la divulgation peut compromettre le bon fonctionnement de l’administration, porter atteinte à la vie privée ou à des intérêts privés, notamment le secret en matière industrielle et commerciale. Ne peuvent être consultés ou communiqués les informations ou documents administratifs dont la divulgation porterait atteinte notamment : au secret des délibérations du Gouvernement et des autorités responsables relevant du pouvoir exécutif ; au secret de la défense nationale ; à la conduite de la politique extérieure du Niger ; à la sureté de l’Etat, à la sécurité publique ou à la sécurité des personnes ; à la monnaie ou au crédit public ; au déroulement des procédures engagées devant les juridictions ou d’opérations préliminaires à de telles procédures, sauf autorisation donnée par l’autorité compétente. Cette restriction s’applique à toute information publique dont la divulgation est interdite par des dispositions législatives et réglementaires particulières. | Article 13 refers to other legislation |
| North Macedonia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Norway | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Not mentioned. | |
| Palau | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 8. The following information shall not be made available to the public: (c) information specifically exempted by other statutes; | |
| Paraguay | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2. Public information: That produced, obtained under control or possession of public sources, regardless of format, medium, date of creation, origin, classification or processing, unless it is established as a secret or confidential nature by laws. | The entire exceptions regime is excluded from the law - meaning it will presumably be found in a patchwork of other legislation. |
| Peru | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Art 17 (6) of the TUO |
| Portugal | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Qatar | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | مادة 3: لا تسري أحكام هذا القانون على طلبات الحصول على المعلومات المنظمة بموجب أي قانون آخر. مادة 20: مع عدم الإخلال بالأحكام المنصوص عليها في أي قـانون آخر، لا يجوز الإفصاح عن المعلومات المتعلقة بما يلي (8)..... المعلومات والوثائق السرية بطبيعتها أو المحمية أو غير المُصرح بالإفصاح عنها، بموجب القوانين السارية في الدولة 3. The provisions of this law do not apply to requests to obtain information regulated under any other law...20. Without prejudice to the provisions stipulated in any other law, information related to the following may not be disclosed (8)... - Information and documents that are confidential in nature, protected, or not authorized to be disclosed, under the laws in force in the country |
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| Republic of Belarus | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 2. Scope of this Law The legislation of the Republic of Belarus may establish the peculiarities of legal regulation of information relations related to information constituting state secrets, to personal data, advertising, protection of children from information that harms their health and development, scientific and technical, statistical, legal, environmental and other information. Article 3. Legislation on information, informatization and protection of information Legislation on information, informatization and protection of information is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus, [and] other acts of legislation of the Republic of Belarus. If an international treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the international treaty shall be applied. Article 4. Principles of legal regulation of information relations Legal regulation of information relations shall be based on the following principles: • establishment of restrictions on dissemination and (or) provision of information only by legislative acts of the Republic of Belarus; | |
| San Marino | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 30(7). In any case, the specific provisions of the law in force that limit access to administrative documents remain valid. | |
| Saudi Arabia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 7.1(9) The following information should be considered as protected, and should not be disclosed: Information and the like, which are protected, confidential or personal under another law, or require certain legal action to be accessed or obtained. | All secrecy laws trump the Regulation. |
| Sierra Leone | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Not mentioned. Although legal principles dictate that this law supplants any prior legislation, the law lacks a concrete statement on the permanent primacy of its provisions with regard to RTI. | |
| Slovakia | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 6: \"(3) The obliged persons that operate information systems shall disclose information contained therein on a freely accessible internet page, unless the disclosure of this information is prohibited by special act. Such disclosure shall not be regarded as a breach of special regulations.\" | |
| South Korea | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 9(1) All information kept and managed by public institutions shall be subject to disclosure to the public: Provided, That any of the following information may not be disclosed: 1. Information that is classified as confidential information or information subject to non-disclosure pursuant to other Acts or orders given under Acts (limited to the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, Presidential Decree, and Municipal Ordinances); | |
| Spain | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Disposición Adicional Primera: 2. Se regirán por su normativa específica, y por esta Ley con carácter supletorio, aquellas materias que tengan previsto un régimen jurídico específico de acceso a la información. | |
| Sudan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2. Classified information means any information that is secret in nature in accordance with the provisions of effective laws; 12. Disclosure of information relating to the following shall be excepted from the implementation of the provisions of this law:( a) Secrets and documents protected by virtue of any other legislation, (b) The documents classified as confidential and privileged, 17. The provisions of this law shall supersede any other law that conflicts therewith to the extent that would eliminate this inconsistency. | The RTI law does override other laws, but then it clearly preserves secrets from other laws. |
| Switzerland | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 4 (Reservation of Special Provisions): "Special provisions contained in other Federal Acts are reserved where they: a. declare certain information secret; or b. declare the access to certain information to be subject to requirements derogating from those set out herein; " | |
| Taiwan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2 Government information shall be made available to the public in accordance with the Law, except which regulated in other laws, the provisions of that law shall prevail. | No - article 2 |
| Tajikistan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | No - art 5(1) references the state secrets law and other laws, reinforced by 14(d). | |
| Thailand | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 15. "A State agency or State official may issue an order prohibiting the disclosure of official information falling under any of the following descriptions, having regard to the performance of duties of the State agency under the law, public interests and the interests of the private individuals concerned: (1) the disclosure thereof will jeopardise the national security, international relations, or national economic or financial security;(...) (6) an official information protected by law against disclosure or an information given by a person and intended to be kept undisclosed;(...)" | |
| United Kingdom | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 44: "(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it-- (a) is prohibited by or under any enactment, (b) is incompatible with any Community obligation, or (c) would constitute or be punishable as a contempt of court. (2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1)." | |
| Uruguay | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 3. confidential information – documented information with the limited, in accordance with the legislation, access thereto; 4(2) Access to information shall be limited only in accordance with the legislation … 10(1) Providing of information applied for may be denied, in the instance if it is confidential ... | |
| Venezuela | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 7. A los efectos de esta Ley, se considera información disponible la totalidad de la información de interés público que esté en posesión de los sujetos obligados, sin menoscabo de las excepciones establecidas en la Constitución de la República Bolivariana de Venezuela y la ley. | Exceptions include those established by the Constitution or "the law"; otherwise not mentioned. |
