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 exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 16(1) In the following instances, public access to information is prohibited: 1-If the disclosure would harm independence, national sovereignty, territorial integrity, and public security. 2-If the disclosure would harm Afghanistan’s political, economic and social relations with other countries. 3-In case it would endanger the life and properties of an individual. 4-In case it becomes a barrier in the process of detection or prevention of a crime. 5-In case it adversely affects detection, investigation or prosecution of a suspect or a precautionary measure in such cases. 6-In case it adversely affects fair trial or enforcement of verdict. 7-in case it violates the privacy of an individual. 8-In case information is harmful to legitimate commercial interests, private properties and bank accounts, unless disclosure is allowed under any other law in force. (2) The following cases are exempted from clause 7 and 8 of Article 16 (1): 1- In case a competent court approves disclosure of personal information. 2- In case the copyright law and competition support law and all other legislative documents are not violated. | |
| Albania | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 17(1) The right to information may be restricted if it is necessary, proportionate and if its disclosure may harm the following interests: (a) the right to a private life; (b) trade secret; (c) copyright; (d) patents Restricting the right to information, due to interests stipulated in letters "a", "b", "c" and "d" of this paragraph, shall not apply when the holder of such rights has given the consent for disclosing the relevant information or when at the time of disclosure of information he/she is considered a public authority under the provisions of this law. Notwithstanding the provisions of this paragraph, the information requested is not rejected if there is a higher public interest for granting it. (2) The right to information may be restricted, if giving the information causes a clear and serious harm to the following interests: (a) national security, as defined by the legislation for classified information; (b) prevention, investigation and prosecution of offences; (c) conduct of an administrative investigation within a disciplinary proceeding; (d) conduct of inspection and auditing procedures of public authorities; (e) formulation of state monetary and fiscal policies; (f) equality of parties in court proceedings and the conduct of litigation; (g) preliminary consultations and discussions within or between public authorities on public policy development; (h) progress of international or intergovernmental relations. | |
| Belize | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | |
| Croatia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Art.15.(1) The public authority bodies shall restrict access to information relating to any procedures held by the competent bodies in preliminary and investigation activities for the duration of the respective procedures. (2) Public authority bodies may restrict access to information: 1) if the information has been classified by a degree of secrecy, in accordance with the law regulating classified information; 2) if the information represents a trade or professional secret, under the law; 3) if the information represents a tax-related secret, under the law; 4) if the information is protected by the law regulating the area of the personal information protection; 5) if the information is protected by the law regulating intellectual property rights, except in the case of explicit written approval by the holder of rights; 6) if access to information has been restricted in accordance with international treaties or if the information was created in the process of closing and joining international treaties or negotiations with other states or international organizations, until the process is finished, or if it is an information created in the area of diplomatic relations; 7) in other instances defined by laws. (3) Public authority bodies may restrict access to information in the case of reasonable doubt that disclosing of the respective information might: 1) prevent the efficient, independent and unbiased court, administrative or other legally regulated proceedings, and execution of court orders or sentences, 2) prevent the work of the bodies conducting administrative supervision, inspectional supervision, i.e. legal supervision, (4) Public authority bodies may limit access to information: 1) if information is in the process of being created within one or between more public authority bodies, and its publication prior to finishing the process of creating a complete and final information, could seriously undermine the process of its creation; 2) if the information is created in the coordination process and exchange of opinion within one or between more public bodies and its publication might lead to wrong interpretation of the content of the information, or undermine the process of document drafting or freedom to express opinions and attitudes. Art.1.: (3) The provisions of this Law shall not apply to the parties taking part in the court, administrative and other legally based proceedings, who are granted access to information by the force of legal regulations. (4) The provisions of this Law shall not apply to information subject to confidentiality obligations, pursuant to the law regulating the security-intelligence system of the Republic of Croatia. (5) The provisions of this Law shall not apply to classified information held by international organizations or other countries, and classified information of the public authority bodies, originating or exchanged within the framework of cooperation with international organizations or other countries. | 29.a. Exceptions are as follows: criminal proceedings; classified information; business secret; tax secret; personal data; intellectual property; international/trade negiotiation information; diplomatic information; could hurt court, inspection and similar proceedings; could hurt document drafting or internal decision making processes. 29.b. There are few exceptions in which the Act does not apply at all, unlike in exceptions listed above where RTI act applies fully. |
| Ecuador | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned |
| France | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 10 | Article 6, exceptions. Article 2(2), excludes preparatory documents. | |
| Georgia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Article 27 Personal data Personal data and relations associated with their protection and processing shall be governed by the Law of Georgia on Protection of Personal Data. Commercial secret 1. Commercial secret – information on a plan, formula, process, or means of a commercial value, or any other information used for manufacturing, preparing, processing of goods or rendering services, and/or is a novelty or a significant result of technical activity, as well as other information that may prejudice the competitiveness of a person if disclosed. 2. Information about an administrative body shall not be a commercial secret. 3. When submitting information, a person shall be obliged to specify that the information is his/her commercial secret. A public institution shall, within 10 days, be obliged to consider the information under the first paragraph of this article as a commercial secret unless the requirement of open information is determined by law. If a public institution does not consider information to be a commercial secret when it is submitted the institution shall decide to make the information open and shall immediately notify the respective person of its decision. The information shall become open 15 days after making the decision, unless an owner of this information appeals the decision to a superior administrative body within the 15 days, and to a court as determined by the procedural law of Georgia. The owner must immediately notify the public institution of the appeal. 4. Any person may appeal a decision to consider information to be a commercial secret to a superior administrative body, and to a court as determined by the procedural law of Georgia. 5. A public institution shall be obliged to enter into the Public Register information about a request for a commercial secret by a third party or a public institution, the date of the request, and the identity and address of the requester. Professional secret Information about personal data or a commercial secret of others that has become known to a person while performing his/her professional duties shall be a professional secret. Information not being personal data or a commercial secret of another person may not be a professional secret. State secret Information considered to be a state secret shall be defined by the law on state secrets. | "National Security" and "the investigation of a criminal offense" are the unique exceptions. |
| Guatemala | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
| India | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | All exceptions fit within established categories. |
| Japan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
| Liberia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | ||
| Montenegro | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Article 9 | |
| Nicaragua | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
| Nigeria | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
| Peru | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
| Poland | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 5(1) The right to public information is subject to limitation to the extent and on the principles defined in the provisions on the protection of confidential information and on the protection of other secrets being statutorily protected. (2) The right to public information is subject to limitation in relation to privacy of a natural person or the secret of an entrepreneur. The limitation does not relate to the information on persons performing public functions, being connected with performing these functions, including the conditions of entrusting and performing these functions and in the event when a natural person or entrepreneur resigns from the right to which he was entitled to. (3) The access to public information on matters resolved before the state authorities, in particular in the administrative, criminal or civil proceedings cannot be limited, with the stipulation of it. 1 and 2, with respect to protection of the party's interest, if the proceedings concern the public authorities or other entities performing public functions or persons performing public functions - in the scope of these functions or tasks. | Almost no exceptions listed, only privacy (permitted), protection of confidential information and secrets statutorily protected (state, official, treasury or statistical). |
| Serbia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Article 9: "The public authority may deny a third party access to information of a public nature, as if in time: 1) endangering the life,health,safety or other important wellbeing of a person; 2) threatened, restricted or impeded the commission or an unfair labour practice, an incitement to commit an unfair labour practive, the conduct of a pre-trial procedure, the conduct of a trial, the execution of a judgement or the imposition of a sentence, the conduct of a procedure within the meaning of a law regulating the protection of competition, or any other legally regulated procedure, or a fair trial, until the end of the procedure; 3) it has violated the defense of land, national or public safety, international relations or the rules of international arbitration law; 4) it has seriously impaired the ability of the State to manage economic processes in the country, or has seriously impeded the pursuit of the economic interests of the Republic of Serbia, or has jeapordised or could jeapordise the implementation of monetary, foreign exchange or fiscal policy, financial stability, management of foregin exchange reserves, control of financial insitutions, or the issuance of currency and currency debts; 5) made avaiable information or a document for which regulations or official acts based on law stipulate that it is kept secret or consitutes a business or professional secret, or information obtained in the representation procedure of whih the representative did not approve, in accordance with the law governing the legal profession, the disclosure of which could result in serious legal or other consequences for the interests protected by law which prevail over the right of the public to know; 6) violated the right of intellectual property, endangered the protection of artistic, cultural and natural assets; 7) endangering the environment or rare species." | All the exceptions listed are included under the permissible ones. |
| Seychelles | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 21. (1) Subject to subsection (2), an Information Officer may refuse a request for information if its release would involve the unreasonable disclosure of personal information about a natural third party, including a deceased individual. (2) A request shall not be refused in terms of subsection (l) where- (a) the third party does not make a representation under section 33(3) stating why access to the information should not be granted; (b) the third party consents to the discloure; (c) the third party has been deceased for more than 10 years; (d) the information is in the public domain; (e) the information relates to the physical or mental well-being of an individual who is under the care of the requester and who is (i) under the age of l8 years; or (ii) incapable of understanding the nature of the request, and giving access would be in the individual’s interests; (f) the information is about a deceased individual and the requester is - (i) the individual’s next of kin or legal representative; (ii) making the request with the written consent of the individuals next of kin or legal representative; (iii) the executor of the deceased’s estate; or (iv) the trustee of a trust which can benefit from the deceased individual’s estate; (g) the information relates to the position or functions of an individual who is or was an official of the information holder or any other public body; (h) the information was given to the information holder by the individual to whom it relates and the individual was informed by or on behalf of the information holder, before it was given, that the information belongs to a class of information that would or might be made available to the public. 22.(1) Subject to subsection (2), an Information Officer may refuse a request for information if it contains - (a) trade secrets of the information holder or a third party; or (b) information about the information holder or a third party that would substantially prejudice a legitimate commercial or financial interest of the information holder or third party (2) A request may not be refused in terms of subsection (1) where— (a) the disclosure of the information would facilitate accountability and transparency of decisions taken by the information holder; (b) the information relates to the expenditure of public funds; (c) the disclosure of the information would reveal misconduct or deception; (d) the third party consents to the disclosure: or (e) the information is in the public domain. 23. An Information Officer may refuse a request for information where the release of the information is likely to endanger the life, health or safety of an individual. 24.(l) An Information Officer may refuse to grant access to information if such access would cause substantial prejudice to the security or defence of the state. (2) For the purpose of this section, security or defence of the state means— (a) military tactics or strategy or military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention, suppression, or curtailment of subversive or hostile activities; (b) intelligence relating to - (i) the defence of the state; or (ii) the detection, prevention, suppression or curtailment of subversive or hostile activities; (c) methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (b); (d) the identity of a confidential source; or (e) the quantity, characteristics, capabilities, vulnerabilities or deployment of anything being designed, developed, produced or considered for use as weapons or such other equipment, excluding nuclear weapons. (3) For the purpose of this section, subversive or hostile activities means (a) an attack against the state by a foreign element; (b) acts of sabotage or terrorism aimed at the people of the state or a strategic asset of the state, whether inside or outside the state; or (c) a foreign or hostile intelligence operation. 25. An Information Officer may refuse to grant access to information (a) supplied by or on behalf of the state to another state or an international organisation in terms of an international agreement with that state or organisation which requires the information to be held in confidence; (b) required to be held in confidence by international law; (c) on the positions adopted or to be adopted by the state, another state or an international organisation for the purpose of present or future international negotiations; or (d) that constitutes diplomatic correspondence exchanges with another state or with an international organisation or official correspondence exchanges with diplomatic missions or consular posts of the country if the release of the information would cause substantial prejudice to the international relations of the state. 26. An Information Officer may refuse to grant access to information if the disclosure of such information would cause serious prejudice to the economy of the state by disclosing prematurely decisions to change or continue economic or financial policy relating to - (a) exchange rates; (b) the regulation of banking or credit; (c) taxation; (d) the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or (e) the entering into of overseas trade agreements. - 27. An Information Officer may refuse to grant access to information, if such access would cause prejudice to (a) the prevention or detection of crime, (b) the apprehension or prosecution of offenders; (c) the administration of justice; (d) the assessment or collection of any tax or duty; (e) endanger the security and life of an informant relating to a crime or investigation 28. An Information Officer may refuse to grant access to information if it— (a) consists of confidential communication between a medical practitioner and his or her patient; (b) consists of confidential communication between a lawyer and his or her client, (c) consists of confidential communication between a journalist and his or her source; or - (d) would otherwise be privileged from production in legal proceedings, unless the patient, client, source or person, as the case may be, entitled to the privilege consents to the release or has waived the privilege. 29(1) An Information Officer may refuse a request for information relating to an academic or professional examination or recruitment or selection process prior to the completion of that examination or recruitment or selection process if the release of the information is likely to jeopardise the integrity of that examination or recruitment or selection process. (2) Information referred to under subsection (1) shall be released on request after the academic or professional examination or recruitment or selection process has been completed. 30. An Information Officer may refuse a request for information relating to a proposal submitted to the Cabinet for consideration and minutes and decisions of the Cabinet unless authorised by the Cabinet Secretary for such release. | |
| South Korea | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 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: … 2. Information pertaining to the national security, national defense, unification, diplomatic relations, etc., which is deemed likely to seriously undermine national interests, if it is disclosed; 3. Information which is likely to seriously obstruct the protection of people's lives, physical safety and properties, if it is disclosed; 4. Information pertaining to a trial in progress, the prevention and investigation of crimes, indictment and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, which, if disclosed, has considerable grounds for significantly obstructing the performance of duties or infringing upon the right of a criminal defendant to face fair trial; 5. Information pertaining to audit, supervision, inspection, tests, regulations, tendering contracts, technology development, or personnel management, or information at the stage of decision-making processes or internal-review processes, etc., which, if disclosed, has considerable grounds for remarkably obstructing the fair performance of duties or research and development: Provided, That where information is not disclosed due to decision-making processes or internal-review processes, if such decision-making processes or internal-review processes are completed, applicants under Article 10 shall be informed thereof; 6. Personal information, such as names, resident registration numbers, etc. included in the relevant information, which, if disclosed, is deemed likely to undermine the privacy or freedom of individuals: Provided, That the following personal information shall be excluded therefrom: (a) Information that is made available for public perusal pursuant to statutes; (b) Information prepared or acquired by public institutions for the purpose of public announcement, which does not unjustly disturb the privacy or freedom of individuals; (c) Information prepared or acquired by public institutions, the disclosure of which is deemed necessary to remedy the public interest or individuals's rights; (d) Names and positions of public officials who have performed their duties; (e) Names and occupations of individuals, to whom part of duties have been entrusted or commissioned by the State or local governments under statutes, the disclosure of which is necessary for the public interest; 7. Information pertaining to management and trade secrets of corporations, organizations, or individuals (hereinafter referred to as "corporations, etc."), which, if disclosed, is likely to seriously undermine the legitimate interests of the corporations, etc: Provided, That the following information shall be excluded therefrom: (a) Information that is needed to be disclosed in order to protect the lives, physical safety, and health of persons from dangers arising from business activities; (b) Information that is needed to be disclosed in order to protect people’s property or lives from illegal and unjust business activities; 8. Information, the disclosure of which is deemed likely to bring advantages or disadvantages to specific persons, due to speculation in real estates, cornering the market, etc. | |
| Sweden | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Chapter 2, Article 2: "The right of access to official documents may be restricted only if restriction is necessary with regard to: 1. the security of the Realm or its relations with another state or an international organisation; 2. the central fiscal, monetary or currency policy of the Realm;3. the inspection, control or other supervisory activities of a public authority; 4. the interests of preventing or prosecuting crime; 5. the economic interests of the public institutions; 6. the protection of the personal or economic circumstances of individuals; or 7. the preservation of animal or plant species. 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 deemed more appropriate in a particular case, in another act of law to which the special act refers. With authority in such a provision, the Government may however issue more detailed provisions for its application in an ordinance. The provisions of paragraph two notwithstanding, the Riksdag or the Government may be authorised, in a regulation under paragraph two, to permit the release of a particular document, with regard to the circumstances." | |
| Tunisia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 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. | |
| Antigua and Barbuda | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 7 This Act does not apply to (b) such public authority or function of a public authority as the Minister may, by Order subject to negative resolution of the House of Representatives, determine; | Art 7(b) allows the legislature to exempt any public authority via a resolution. |
| Bolivia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 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. 8(I)Secret, confidential or confidential information of the Executive Power regarding the internal or external security of the State shall be subject to the following regime: 1. Indefinite maintenance of the supporting documentation. 2. Lifting of secrecy, confidentiality or confidentiality by order of competent authority. 3. Automatic lifting of secrecy, confidentiality or confidentiality of information, after twenty (20) years from the moment of the event generating the information. | Basically defers to other laws so sort of gets a pass on this. But at least loses one point because it seems to create too broad an exception for security. |
| Colombia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 19 Information exempted by damage to the public interest. Is any public confidential information to which access may be refused or denied reasoned and in writing in the following circumstances, provided that such access person was expressly prohibited by statute or Constitution: a) The defense and national security; b) The public safety; c) international relations; d) The prevention, investigation and prosecution of offenses and disciplinary offenses, while not becoming effective security measure or statement of objections is made, as appropriate; e) The due process and equality of parties in court proceedings; f) The effective administration of justice; g) The rights of children and adolescents; h) The macroeconomic and financial stability; i) Public health. Paragraph. Documents containing opinions or viewpoints that are part of the deliberative process of public servants are also exempt. | 19(g) - the rights of children and adolescents - is not recognised, and it too broad to be legitimate. |
| Estonia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 35. Grounds for classification of information as internal "(1) A holder of information is required to classify the following as information intended for internal use: 1) information collected in criminal or misdemeanour proceedings, except for the information subject to disclosure under the conditions provided by the Code of Misdemeanour Procedure and the Code of Criminal Procedure; 2) information collected in the course of state supervision proceedings until the entry into force of a decision made thereon; 3) information the disclosure of which would damage the foreign relations of the state; 4) information concerning tables reflecting the armament and equipment, and the quantities of armament and equipment of the Defence Forces, unless such information is a state secret or classified foreign information; [RT I 2008, 35, 213 - entry into force 01.01.2009] 5) information concerning the state assets to be transferred, in the event of mobilization or increasing of military preparedness, into the possession of the Defence Forces; 51) information concerning the methods and tactics utilized by the Police in its activities, if the disclosure of such information could hinder detection of criminal offences or facilitate committing thereof; [RT I 2009, 62, 405 - entry into force 01.01.2010] 52) information concerning the quantity of armament of the Police, unless such information is a state secret or classified foreign information; [RT I, 22.03.2011, 1 - entry into force 01.04.2011] 6) information concerning national defence duty; 7) information the disclosure of which would endanger objects protected under heritage conservation or museum objects belonging to a museum collection; 8) information the disclosure of which would endanger the protected areas or the preservation of protected species and their habitats; 9) information including a description of security systems, security organizations or security measures; 10) information on technological solutions if disclosure of such information would damage the interests of the holder of information or if classification of such information as internal is prescribed in a contract entered into with a person in private law; 11) information which contains sensitive personal data; 12) information which contains personal data if enabling access to such information significantly breaches the inviolability of private life of the data subject; 13) information which contains data revealing details of family life; 14) information concerning application for social assistance or social services; 15) information revealing mental or physical suffering endured by a person; 16) data collected on a person during the process of taxation, except data concerning tax arrears; 17) information whose disclosure may violate a business secret; 18) reports of an internal audit before approval thereof by the head of the agency; 181) the risk assessment of vitally important services and information concerning the operational continuity plan; [RT I 2009, 39, 262 - entry into force 24.07.2009] 19) any other information provided by law. [RT I 2007, 68, 420 - entry into force 01.01.2008] (11) [Repealed - RT I, 19.12.2012, 2 - entry into force 29.12.2012] (2) The head of a state or local government agency or a legal person in public law may classify the following as information intended for internal use: 1) draft legislation of general application before it is sent for approval or submitted for passage; 2) draft documents and accompanying documents before receipt or signature thereof; [RT I 2007, 12, 66 - entry into force 01.01.2008] 3) in justified cases, documents addressed to persons within the agency which are not registered in the document register (opinions, notices, memoranda, certificates, advice, etc.); 4) information which may damage the interests of the state acting as a participant in the proceedings in a civil proceeding, until the court decision is made. [RT I 2007, 12, 66 - entry into force 01.01.2008]" | Public safety is not mentioned. |
| Gambia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 24 - 33. | Exceptions are personal information of a third party; commercial and confidential information; information that might endanger the life, health, safety or privacy of an individual; national security and defence; international relations; economic interests of the State; law enforcement; privileged communications and documents; academic or examination processes; Cabinet proceedings. One point taken off for Cabinet proceedings exception. |
| Greece | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 5(3) The competent administrative authority may refuse to satisfy this right if the document refers to the discussions of the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation. | The "documents that refers to the discussions of the Cabinet of Ministers" fall outside of this list. |
| Kenya | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 6(1) Pursuant to Article 24 of the Constitution, the right of access to information under Article 35 of the Constitution shall be limited in respect of information whose disclosure is likely to: (a) undermine the national security of Kenya; (b) impede the due process of law; (c) endanger the safety, health or life of any person; (d) involve the unwarranted invasion of the privacy of an individual, other than the applicant or the person on whose behalf an application has, with proper authority, been made; (e) substantially prejudice the commercial interests, including intellectual property rights, of that entity or third party from whom information was obtained; (f) cause substantial harm to the ability of the Government to manage the economy of Kenya; (g) significantly undermine a public or private entity's ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration; (h) damage a public entity's position in any actual or contemplated legal proceedings; or (i) infringe professional confidentiality as recognized in law or by the rules of a registered association of a profession. | "Professional confidentiality" is a bit over broad, as it could include, for example, veterinary confidentiality, as currently worded. |
| Mexico | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 116. It is considered confidential information that which contains personal data relating to an identified or identifiable person. Confidential information will not be subject to any time frame and may only be accessed by holders thereof, their representatives and Public Servants entitled thereto. It is considered as confidential information: banking, trust, industrial, commercial, tax, securities and mail secrets, whose ownership corresponds to individuals, subjects of international law or regulated entities when it does not involve the use of public resources. Likewise, it will be considered as confidential information that which individuals submit to regulated entities, provided that they are entitled to it, in accordance with the law or international treaties. | |
| Moldova | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 7. Official information with limited access (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: a) information falling under the category of state secrets, regulated by organic law and qualified as information protected by the state and related to its military, economic, technical-scientific, foreign policy, intelligence, counterintelligence and investigation activities, whose dissemination, disclosure, loss, theft may endanger the security of the state; b) confidential business information submitted to public institutions under conditions of confidentiality, and which is regulated by the legislation on trade secrets and is related to production, technology, administration, funding, other business activities, whose disclosure (transmission, leak) may affect the interests of businesses; c) personal data, the disclosure of which may be considered interference in one's private life, which is protected by the current legislation, access to which can be allowed only with the observation of the provisions of article 8 of the present law; d) information related to the investigative activity of the corresponding bodies, but only in cases when the disclosure of such information might affect the investigation, interfere with a lawsuit, deprive a citizen of his/her right to a fair and impartial trial, endanger the life or physical safety of any person; cases which are regulated by the current legislation; e) information that represents the final or preliminary results of scientific and technical research, whose disclosure may deprive the researchers of their priority right of publication or have a negative impact on other rights protected by law. | The one exception that falls outside the list is scientific research whose disclosure may deprive the researchers of their priority right of publication or have a negative impact on other rights protected by law. |
| Nepal | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 9 | 3(3) Notwithstanding anything provided in Sections (1) and (2), the information held by a Public Body on the following subject matters shall not be disseminated: (a) which seriously jeopardizes the sovereignty, integrity, national security, public peace, stability and international relations of Nepal. (b) which directly affects the investigation, inquiry and prosecution of a crime. (c) Which seriously affects on the protection of economic, trade or monetary interest or intellectual property or banking or trade privacy. (d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities. (e) Which interferes on individual privacy and security of body, life, property or health of a person. Provided that, a public Body shall not refrain from the responsibility of dissemination of information without appropriate and adequate reason not to flow the information. See also s. 28 on personal information. | 3(3)(d) (d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities. - this is not necessary. |
| New Zealand | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 9 Other reasons for withholding official information (1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available. (2) Subject to sections 6, 7, 10, and 18, this section applies if, and only if, the withholding of the information is necessary to (...) (k) prevent the disclosure or use of official information for improper gain or improper advantage. | 9(2)(k) - improper gain or advantage. |
| Romania | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 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. | With the exception of "the information whose publication is prejudicial to the measures for youth protection" |
| Rwanda | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 4: Without prejudice to the provisions of Article 3 of this Law, information withheld by a public organ or private body to which this Law applies shall not be published when it may: (1) destabilize national security; (2) impede the enforcement of Law or justice; (3) involve interference in the privacy of an individual when it is not of public interest; (4) violate the legitimate protection of trade secrets or other intellectual property rights protected by the Law; (5) obstruct actual or contemplated legal proceedings against the management of public organ. If the request for information relates to record containing information in two (2) parts one part being not allowed to be published and the other part contains information that can be published as provided by this Law, the requesting person shall be provided with information allowed to be published. Article 5: Without prejudice to the provisions of Article 4 of this Law, the Minister, in consultation with the concerned organs, shall issue an Order determining which information could destabilize national security. MINISTERIAL ORDER No. 005/07.01/13, Article 9(3): information which, if disclosed, may demoralize the citizens. | Art 4. However the regulations expand on these categories considerably. |
| Slovakia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Articles 8 -11. | The exceptions that falls outside the standards are: 11.1b\"information is to be disclosed under a special act; and if it is to be disclosed under such law within a period set in advance\". |
| Slovenia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Art 6.5 "Information the disclosure of which would constitute an infringement of the tax procedure confidentiality or of tax secret in accordance with the Act governing tax procedure;" | |
| South Sudan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 33(2) - exception for frivolous or vexatious requests is too broad, allowing for dismissal where the request would "result in a diversion of [the public body's] resources" | |
| Tajikistan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 14(1)(a) - state or official secrets - too broad. | |
| Trinidad and Tobago | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 5. "(1) This Act does not apply to - (...)(c) such public authority or function of a public authority as the President may, by Order subject to negative resolution of Parliament, determine.(...)" | 5(1)(c) gives the president a blanket exemption for any agency they like. |
| Turkey | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 15 (The Transactions that are not subject to the Judicial Review): "The transactions that are not subject to the judicial review, those that affect the working life and professional honour of the persons, are within the scope of this law. The right to information provided in this way, does not eliminate the restriction regarding the judicial review of the transaction." Article 16 (The Information and Documents Pertaining the State Secrets): "The information and documents which qualify as state secrets which their disclosure clearly cause harm to the security of the state or foreign affairs or national defence and national security are out of the scope of the right to information provided herein." Article 17 (The Information and Documents Pertaining the Economical Interests of the State): "The information or documents of which their disclosure cause harm to the economical interests of the state or will cause unfair competition or enrichment, are out of the scope of this law." Article 18 (The Information and Documents Pertaining the State intelligence): "The information and documents regarding the duties and activities of the civil and military intelligence units, are out of the scope of this law. However the information and documents, that affect the professional honour and working life of the persons, are within the scope of right to information." Article 19 (The Information and Documents Pertaining he Administrative Investigation): "The information or the document that is related to the administrative investigation held by the administrative authorities and which will; a) clearly violate the right of privacy of the individuals, b) endanger the security or the life of the individuals or the officials that carry out the investigation, c) jeopardise the security of the investigation, d) disclose the source of the information which needs to be kept secret, or endanger the procurement of similar information in connection with the investigation, are out of the scope of this Law." Article 20 (The Information or Documents Pertaining the Judicial Investigation and Prosecution): "The information or the document of which its disclosure or untimely disclosure will a) give rise to a criminal offence, b) endanger prevention and investigation of the crime or endanger the legal procedure for the detention and the prosecution of the criminals, c) obstruct the proper operation judicial duty. d) violate right to fair trial of a defendant in a pending case are out of the scope of this law." Article 21 (Privacy of the Individuals): "With the proviso where the consent of the concerned individual has been received, the information and documents that will unjustly interfere with the health records, private and family life, honour and dignity, and the economical and professional interests of an individual, are out of the scope of the right to information. Due to public interest considerations, personal information or documents may be disclosed by the institutions on the condition that concerned individual is notified of the disclosure at least 7 days in advance and his/her written consent is obtained." Article 22 (The Privacy of Communication): "The information and documents that will violate the privacy of communication, are out of the scope of this law." Article 23 (Trade Secrets): "The information and documents that are qualified as commercial secret in laws, and the commercial and financial information that are obtained by the institutions from the private or corporate persons with the condition of keeping secret, are out of the scope of this law." Article 24 (Intellectual Property (Works of Art and Science)): "In the event of application for access to information concerning intellectual property, the relevant provisions of the intellectual property law shall apply." Article 25 (Institutions' Internal Regulations): "The information and documents of the institutions that do not concern the public and are solely in connection with their personnel and the internal affairs, are out of the scope of the right to information. However, the employees of the institutions who are subject the regulations have the right to access to such information." Article 26 (Institutions' Internal Opinions, Information Notes and Recommendations): "The information and document qualified as opinion, information note, proposals and recommendations which facilitate the execution of the activities of the institutions are within the scope of the right to information, unless the opposite is decided by that institution. The opinions of the units, individuals or institutions that are legally obliged to give reports on scientific, cultural, technical, medical, financial, statistical, legal and other similar expertise fields are within the scope of the right to information with the proviso that such opinions constitute the basis of administrative decisions taken by the institutions." Article 27 (Requests for Recommendation and Opinions): "The requests for recommendations and opinions are out of the scope of this law." Article 28 (Formerly Classified Information and Documents): "The information and documents which cease to be classified either by a judicial or administrative decision are open to the applications for access to information, with the proviso that they fall within the scope of the other exceptions provided in this law." | The exceptions that falls outside the list are the following: Requests for Recommendation and Opinions. All the others are consistent with international standards. |
| Uganda | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 4. Interpretation. In this Act, unless the context otherwise requires – (...) "proprietary information" means information relating to any manufacturing process, trade secret, trademark, copyright, patent or formula protected by law or by International Treaty to which Uganda is a party 27. Protection of commercial information of third party. (1) Subject to subsection (2), the information officer shall refuse a request for access to a record if the record contains - (a) proprietary information as defined in section 4 | 27(1)(a) - proprietary information exception is overly broad as it categorically excludes information related to trademarks or copyrighted information without a mechanism for consultation. |
| Argentina | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | ARTÍCULO 8° — Excepciones. Los sujetos obligados sólo podrán exceptuarse de proveer la información cuando se configure alguno de los siguientes supuestos: a) Información expresamente clasificada como reservada o confidencial o secreta, por razones de defensa o política exterior. La reserva en ningún caso podrá alcanzar a la información necesaria para evaluar la definición de las políticas de seguridad, defensa y de relaciones exteriores de la Nación; ni aquella otra cuya divulgación no represente un riesgo real e identificable de perjuicio significativo para un interés legítimo vinculado a tales políticas; b) Información que pudiera poner en peligro el correcto funcionamiento del sistema financiero o bancario; c) Secretos industriales, comerciales, financieros, científicos, técnicos o tecnológicos cuya revelación pudiera perjudicar el nivel de competitividad o lesionar los intereses del sujeto obligado; d) Información que comprometa los derechos o intereses legítimos de un tercero obtenida en carácter confidencial; e) Información en poder de la Unidad de Información Financiera encargada del análisis, tratamiento y transmisión de información tendiente a la prevención e investigación de la legitimación de activos provenientes de ilícitos; f) Información elaborada por los sujetos obligados dedicados a regular o supervisar instituciones financieras o preparada por terceros para ser utilizada por aquellos y que se refieran a exámenes de situación, evaluación de su sistema de operación o condición de su funcionamiento; g) Información elaborada por asesores jurídicos o abogados de la administración pública nacional cuya publicidad pudiera revelar la estrategia a adaptarse en la defensa o tramitación de una causa judicial o divulgare las técnicas o procedimientos de investigación de algún delito u otra irregularidad o cuando la información privare a una persona del pleno ejercicio de la garantía del debido proceso; h) Información protegida por el secreto profesional; i) Información que contenga datos personales y no pueda brindarse aplicando procedimientos de disociación, salvo que se cumpla con las condiciones de licitud previstas en la ley 25.326 de protección de datos personales y sus modificatorias; j) Información que pueda ocasionar un peligro a la vida o seguridad de una persona; k) Información de carácter judicial cuya divulgación estuviera vedada por otras leyes o por compromisos contraídos por la República Argentina en tratados internacionales; l) Información obtenida en investigaciones realizadas por los sujetos obligados que tuviera el carácter de reservada y cuya divulgación pudiera frustrar el éxito de una investigación; m) Información correspondiente a una sociedad anónima sujeta al régimen de oferta pública. Las excepciones contenidas en el presente artículo no serán aplicables en casos de graves violaciones de derechos humanos, genocidio, crímenes de guerra o delitos de lesa humanidad. | Información que comprometa los derechos o intereses legátimos de un tercero obtenida en carácter confidencial; seems a bit too broad. Información protegida por el secreto profesional; could extend beyond what is legitimate, since a variety of classes of professional secrecy exist, not all of which are appropriate to public bodies. |
| Bangladesh | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 7(o) Publication of or providing with certain types of information not mandatory.- "Notwithstanding anything contained in any other provisions of this Act, no authority shall be bound to provide with the following information, namely- any such information that is generated through technical or scientific experiment, and is expedient to keep secret for strategic or commercial reasons;" 7(r) "Publication of or providing with certain types of information not mandatory.- Notwithstanding anything contained in any other provisions of this Act, no authority shall be bound to provide with the following information, namely-"any secret information of a person which is protected by law" | 7(o) - info generated through research which is kept secret for "strategic" reasons. <p></p> 7(r) any secret information of a person which is protected by law (overly broad) |
| Belgium | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 8 | Loi n° 94-1724, Article 6 states the limits to the right of access to information | The law includes exemptions that are not in line with international standards: - people's freedom and fundamental rights - secrets established by law |
| Benin | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 85: Un organisme public peut refuser de communiquer un secret industriel qui lui appartient. Il peut également refuser de communiquer un autre renseignement industriel ou un renseignement financier, commercial, scientifique ou technique lui appartenant et dont la divulgation risque d’entraver une négociation en vue de la conclusion d’un contrat, de causer une perte à l’organisme ou de procurer un avantage appréciable à une autre personne. Un organisme public constitué à des fins industrielles, commerciales ou de gestion financière, peut refuser de communiquer un tel renseignement lorsque sa divulgation risque de nuire de façon substantielle à sa compétitivité. 86: Un organisme public ne peut communiquer le secret industriel ou commercial d’un tiers ou un renseignement industriel, financier, commercial, scientifique, technique ou syndical frappé de secret fourni par un tiers et habituellement traité de façon confidentielle, sans le consentement de celui-ci. 87: Un organisme public ne peut ni confirmer, ni donner communication d’un renseignement obtenu d’une personne qui, en vertu de la loi, est chargée de prévenir, détecter ou réprimer le crime ou les infractions aux lois lorsque sa divulgation est susceptible de: entraver le déroulement d’une enquête ou d’une procédure judiciaire; révéler une méthode d’enquête, une source confidentielle d’information, un programme ou un plan d’action destiné à prévenir, détecter ou réprimer le crime ou les infractions aux lois; mettre en péril la sécurité d’une personne; causer un préjudice à une personne qui est l’auteur du renseignement ou qui en est l’objet; révéler les composantes d’un système de communication destiné à l’usage d’une personne chargée d’assurer l’observance de la loi ou un renseignement transmis à titre confidentiel par un corps de police ayant compétence hors du territoire national; favoriser l’évasion d’un détenu; porter atteinte au droit d’une personne prévenue ou offensée à une audition impartiale. 88: Un organisme public ne peut communiquer un renseignement portant sur une méthode ou sur une arme susceptible d’être utilisée pour commettre un crime ou une infraction à la loi. Il ne peut non plus communiquer un renseignement dont la divulgation aura pour effet de réduire l’efficacité d’un dispositif de sécurité destiné à la protection d’un bien ou d’une personne. 89 : La décision rendue par un organe judiciaire est publique. Toutefois, un organisme public ne peut communiquer un renseignement contenu dans un dossier de justice alors que la juridiction de jugement en interdit la communication, au motif qu’il a été obtenu alors que l’organisme a siégé à huis clos, ou que celui-ci a rendu à son sujet une ordonnance de non publication, de non divulgation ou de non diffusion ou que sa communication aurait révélé un renseignement dont la confirmation de l’existence ou la communication est refusée en vertu de la présente loi. 90: Ne peuvent pas être communiquées avant l’expiration d’un délai de six (06) mois à compter de la date d’émission: - les communications du Gouvernement à l’un de ses membres ou à un comité ministériel; - les communications d’un membre du Gouvernement à un autre membre du Gouvernement; - les recommandations d’un comité ministériel ou interministériel au Gouvernement; - les recommandations d’un membre du Gouvernement au Gouvernement; - les analyses au sein du Gouvernement, portant sur une recommandation ou une demande faite par un ministre, un comité ministériel ou un organisme public ou sur un projet de texte législatif ou réglementaire. De même, ne peuvent pas être communiqués avant l’expiration d’un délai de deux (02) ans à compter de la date d’émission: - l’ordre du jour d’une réunion du Conseil des ministres; - les mémoires des délibérations du Conseil des ministres; Sous réserve de leurs statuts et de leurs règlements intérieurs, les mêmes dispositions sont applicables, avec les adaptations nécessaires, aux mémoires des délibérations des Institutions constitutionnelles. 91: Un organisme public peut refuser de laisser consulter ou de communiquer un document administratif dont la consultation ou la communication est susceptible de porter atteinte au secret-défense ou à la politique extérieure de la République du Bénin. 92: Un organisme public peut refuser de laisser consulter ou de communiquer un document administratif dont la consultation ou la communication est susceptible de porter atteinte à la monnaie et au crédit public, à la sûreté de l’Etat et à la sécurité publique. 93: Un organisme public peut refuser de communiquer: - un avis ou une recommandation que lui a fait un autre organisme qui relève de son autorité ou qu’il a lui-même fait à un autre organisme public; - une analyse produite à l’occasion d’une recommandation faite dans le cadre d’un processus décisionnel en cours, jusqu’à ce que l’avis ou la recommandation ait fait l’objet d’une décision par l’autorité compétente ou en cas d’absence de décision, qu’une période de deux (02) ans se soit écoulée depuis la date où l’avis ou la recommandation ou l’analyse a été fait. Il en est de même pour un ministre en ce qui concerne un avis ou une recommandation que lui fait un organisme qui relève de son autorité. 94: Un organisme public peut refuser de communiquer une épreuve destinée à l’évaluation comparative des connaissances, des aptitudes ou de l’expérience d’une personne, jusqu’au terme de l’utilisation de cette épreuve. 95 : Toute personne exerçant une fonction de vérification dans un organisme public ou pour le compte de cet organisme peut refuser de confirmer l’existence ou de donner communication d’un renseignement dont la divulgation serait susceptible de: - entraver le déroulement d’une opération de vérification; - révéler un programme ou un plan d’activités de vérification; - révéler une source confidentielle d’information relative à une vérification; - porter atteinte au pouvoir d’appréciation du supérieur hiérarchique du vérificateur. 96: Un organisme public peut refuser de laisser consulter ou de communiquer un document administratif dont la consultation ou la communication est de nature à porter atteinte au secret de la vie privée, des dossiers personnels et médicaux de ses membres. | Deductions for the exemptions in Articles 90 and 93 (internal deliberations). |
| Bosnia and Herzegovina | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Art 6. about the Exemptions for the functions of Public Authorities; Art. 7 about the Exception of Confidential Commercial Information; Art. 8 about the Exemption for the Protection of Personal Privacy and Art. 9 Public Interest Test. | It scores 8 points because the exceptions about the international relations and management of the economy are not included. |
| Chile | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 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: 1. Cuando su publicidad, comunicación o conocimiento afecte el debido cumplimiento de las funciones del órgano requerido, particularmente:(...) c) Tratándose de requerimientos de carácter genérico, referidos a un elevado número de actos administrativos o sus antecedentes o cuya atención requiera distraer indebidamente a los funcionarios del cumplimiento regular de sus labores habituales.(...) 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. | Art 21(1)(c) - generic or distracting requests - seems overly broad, but I could be having trouble with the language. Art 21(5) - information classified by a quorum law - according to our local expert this is a positive aspect of the law, since quorum classifications are extremely difficult to obtain and so this makes it tough to classify info as secret outside the law. But the fact that it is POSSIBLE to exempt information outside the law means, in my mind, that they still deserve to lose a point here. |
| Czech Republic | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Section 2.3. "(3) This Act shall not apply to -disclose 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." Section 11 - Other restrictions to the right to information. "(1) The obligated body may restrict the provision of information if such information: a) apply solely to internal instructions and staffing regulations of the obligated body, or b) are new information ascertained during the preparation of a decision of the obligated body, unless stipulated otherwise by law; this shall apply only until the preparation is completed by the decision, c) was provided by the North Atlantic Treaty Organization or the European Union, which is in the interest of national security, public safety or protection of the rights of third parties protected by those originators marked "NATO unclassified" or "LIMITE" and in the Czech Republic is this designation respected of the reasons for the fulfillment of obligations Czech Republic from membership in the North Atlantic Treaty Organization or the European Union, if the originator did not provide consent to disclose the information. (2) The obligated body shall not provide information: a) if such information have been created without the use of public funds , have been supplied by a person who is not obligated to do so under the law, unless such person has given his/her consent with the provision of such information, b) until the next term, if such information is published by the obligated body pursuant to a special law 9) in pre-determined regular cycles, or c) if such provision represents a breach of the protection of rights of third parties to subjects of copyright 2b). (3) Information received by the obligated body from a third party in the course of performing tasks within its control, supervisory, surveillance or similar activities under a special legal regulation 11) pursuant to which the information are subject to the duty of confidentiality or any other procedure protecting such information from disclosure or misuse, shall not be provided. The obligated body shall only provide the information that arose from its activities connected with the performance of its tasks. (4) Furthermore, the obligated bodies shall not provide information on a) pending criminal proceedings, b) decision-making activities of the courts except for judgments , c) tasks performed by intelligence services 12), d) the preparation, course and review of results of inspections at the Supreme Audit Office bodies, e) activities of the Ministry of Finance under the Act on Certain Measures against Money Laundering and Terrorist Financing or the Act on implementation of international sanctions. 12a) The provisions of special laws 13) regarding the provision of information in the aforementioned areas shall not be hereby affected. (5) The obligated body shall not provide information protected by copyright and related rights (hereinafter "copyright") 2b), if they are held by: a) radio or television broadcasters who operate their broadcast based on special legal regulations 13a), b) schools and educational facilities that are part of the education system under the School Act 13b) and under the University Act 13c), c) libraries providing public library and information services under the Library Act 2a) d) Academy of Sciences of the Czech Republic and other public institutions that are recipients or co-recipients of research and development support from public funds under the Research and Development Support Act 13d), or e) cultural institutions administering public funds such as museums, galleries, theatres, orchestras and other art companies. The provision of such information under special regulations is not affected hereby. (6) The obligated body shall not provide information on the activities of bodies active in criminal proceedings, including information from the files, including documents, in which no criminal proceedings, documents, materials and reports on the progress of the investigation of a notifications, resulting from the activities of these authorities to protect the safety of persons, property and public order, crime prevention and the fulfillment of tasks under the Criminal Procedure Code, if it would threaten the rights of others or the capacity of law enforcement to prevent crime, search or detecting crime or prosecute criminal offenses or provide security of Czech republic. The provisions of other laws on the provision of information are not affected hereby." | |
| Denmark | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Chapter 3. Exceptions to the right of access to administrative documents. Section 7, 8, 9,10, 11, 12, 13, 14. | There are a few exceptions that falls outside the list: "protection of private or public interests where secrecy is required because of the special nature of the matter" and "matters relating to Faeroese or Greenlandic affairs" (2 points loss). |
| Dominican Republic | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | ARTICLE 17. Se establecen con carácter taxativo las siguientes limitaciones y excepciones a la obligación de informar del Estado y de las instituciones indicadas en el Artículo 1 de la presente ley: (...) b) Cuando la entrega extemporánea de la información pueda afectar el éxito de una medida de carácter público; (...) l) Información cuya publicidad pusiera en riesgo la salud y la seguridad pública, el medio ambiente y el interés público en general. | 17(b) - When extemporaneous delivery of the information can affect a public measure. 17(l) - public interests in general. |
| El Salvador | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | ARTICLE 19 "Es información reservada:(...) h. La que pueda generar una ventaja indebida a una persona en perjuicio de un tercero.(...)" ARTICLE 74 "Los Oficiales de Información no darán trámite a solicitudes de información: a. Cuando éstas sean ofensivas o indecorosas." | 19(h) - info that would unfairly advantage one person to the detriment of another. 74(a) - where requests are offensive or indecent. |
| Hungary | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 27(2) Right to access data of public interest and data public on grounds of public interest may - by specifying the type of data - be restricted by law (a) in the interest of national defence; (b) in the interest of national security; (c) to prosecute or prevent offences; (d) in the interest of environmental protection or nature preservation; (e) in the interest of central financial and exchange rate policy; (f) in regard to foreign relations and relations with international organisations; (g) in regard to legal or administrative proceedings; (h) in regard to intellectual property rights. (3) The relevant provisions set out in the Civil Code regulate access to business secrets. (4) Access to data of public interest may be restricted on the grounds of EU contractual clauses in regard to major financial or economic policy interests of the European Union, equally including interests pertaining to monetary, budgetary and tax policies. | The law includes two exceptions that are not in line with international standards: (3) The relevant provisions set out in the Civil Code regulate access to business secrets. (4) Access to data of public interest may be restricted on the grounds of EU contractual clauses in regard to major financial or economic policy interests of the European Union, equally including interests pertaining to monetary, budgetary and tax policies. |
| Iceland | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 5. It is prohibited to grant the public access to material concerning an individual's private or financial affairs that it is reasonable or appropriate to keep secret, unless the person concerned gives approval. The same restrictions apply on access to material which concerns important financial or commercial interests of businesses or other legal entities. Article 6. It is permissible to restrict public access to material if this is necessitated by important public interests, due to the material containing information on: (1) State security or defence issues, (2) relations with other States or international organisations, (3) The business of state-owned or municipally owned institutions or companies insofar as they are in competition with other bodies, (4) Planned measures or examinations under auspices of the State or of local authorities, if they would be rendered insignificant or not achieve their intended results by becoming known to the public, (5) Environmental matters such as the location of rare species of organisms, minerals, fossils and rock formations, given that the revelation of these matters might have a serious effect on the protection of environmental aspects relating to the information. | Article 5 has a vague wording of "material concerning an individual's private or financial affairs that it would be reasonable or appropriate to keep secret, unless the person concerned gives approval". Article 6(4) stating that "planned measures or examinations under auspices of the State or of local authorities, if they would be rendered insignificant or not achieve their intended results by becoming known to the public" is not strictly included in the acceptable list of exemptions. |
| Italy | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 5-bis. (1) The public access under art. 5, paragraph 2, is rejected if the denial is necessary to avoid a material damage to the protection of one of the public interests concerning: (a) public order and safety; (b) national safety; (c) defence and military issues; (d) international relationships; (e) the politics and the economic and financial stability of the State; (f) the carrying out of investigations on offences and their prosecution; (g) the smooth conduct of inspection activities. (2) The access under art. 5, paragraph 2, is also rejected if the denial is necessary to protect one of the following private interests and prevent them from being materially prejudiced: (a) personal data protection, in accordance with the applicable legislation; (b) freedom and secrecy of correspondence; (c) commercial and economic interests of individuals or legal entities, including their intellectual property, copyright and trade secrets; [...] | |
| Ivory Coast | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 8. Sont communiqués uniquement à la personne concernée, les informations ou documents: portant une appréciation ou un jugement de valeur sur sa personne; révélant le comportement d’une personne, dès lors que la divulgation de cette information pourrait lui porter préjudice; dont la communication porterait atteinte à la protection de sa vie privée, au secret médical et au secret en matière commerciale et industrielle; Toutefois, ces informations peuvent être communiquées à la personne qu’elle a mandatée à cet effet, dans le respect des textes en vigueur. Ne peuvent être communiqués ou consultés les informations ou documents publics dont la divulgation porterait atteinte: au secret des délibérations du Gouvernement et des autorités relevant du pouvoir exécutif; au secret de la défense nationale; à la conduite de la politique extérieure de l’Etat; à la sûreté de l’Etat, à la sécurité publique ou à la sécurité des personnes; à la politique monétaire et de change de l’Etat; au déroulement des procédures engagées devant les juridictions ou enquêtes préliminaires à de telles procédures, sauf autorisation donnée par l’autorité compétente; à la vie privée ou à des intérêts privés, notamment le secret en matière industrielle et commerciale, les documents mis en vente au public. | Personal value judgements, secrecy of deliberations of the government. |
| Latvia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Section 3. Classes of Information "Information to which this Law applies shall be classified as: 1) generally accessible information; or 2) restricted access information." Section 4. Generally Accessible Information "Generally accessible information is any information, which is not categorised as restricted access information." Section 5. Restricted Access Information "(1) Restricted access information is such information as is intended for a restricted group of persons in relation to the performance of their work or official duties and the disclosure or loss of which, due to the nature and content of such information, hinders or may hinder the activities of the institution, or causes or may cause harm to the lawful interests of persons. (2) As restricted access information shall be deemed information: 1) which has been granted such status by law; 2) which is intended and specified for internal use by an institution; 3) which is a commercial secret, except in the case where a purchase contract has been entered into in accordance with the Public Procurement Law or other type of contract regarding actions with State or local government financial resources and property; 4) which concerns the private life of natural persons; 5) which is related to certifications, examinations, submitted projects (except projects the financing of which is expected to be a guarantee provided by the State), invitations to tender (except invitations to tender, which are associated with procurement for State or local government needs or other type of contract regarding actions with State or local government funds and property) and other assessment processes of a similar nature; 6) which is for official use only; or 7) which are North Atlantic Treaty Organisation or European Union documents, which are designated as "NATO UNCLASSIFIED" or "LIMITE" respectively. (3) The author of information or the manager of an institution shall determine restricted access information status, indicating the basis therefore provided by this Law or by other laws. (4) The author of information or the manager of an institution shall determine restricted access information status for information for a time period, which is not longer than one year. The author of information or the manager of an institution may decide regarding the specification of a new time period, as well as regarding the removal of such status prior to the termination of the specified time period. If the time period has ended for any information for which restricted access information status has been specified, or if the restricted access information status has been removed prior to the time period specified by law, such information shall become generally accessible information. (5) Paragraphs three and four of this Section shall not apply to cases where the restricted access information status has been specified by law. (6) Information, which is accessible to the public without restrictions provided by law, or which has already been published, shall not be deemed to be restricted access information." | |
| Lithuania | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 19. Information Not to Be Published "1. It shall be prohibited to publish in the media information which: 1) incites to change the constitutional order of the Republic of Lithuania through the use of force; 2) instigates attempts against the sovereignty of the Republic of Lithuania, its territorial integrity and political independence; 3) instigates war or hatred, ridicule, humiliation, instigates discrimination, violence, physical violent treatment of a group of people or a person belonging thereto on grounds of age, sex, sexual orientation, ethnic origin, race, nationality, citizenship, language, origin, social status, belief, convictions, views or religion; 4) disseminates, promotes or advertises pornography also propagates and/or advertises sexual services and paraphernalia; 5) promotes and/or advertises addictions and narcotic or psychotropic substances. 2. It shall be prohibited to disseminate disinformation and information which is slanderous and offensive to a person or which degrades his honour and dignity. 3. It shall be prohibited to disseminate information which violates the presumption of innocence and which impedes the impartiality of judicial authorities. 4. The Government shall establish the procedure for dissemination of press publications, audio, audiovisual works, radio and television programmes, information disseminated in the information society media and other public information assigned to information of erotic, pornographic or violent nature or other restricted public information. " | Extra exceptions: state, official, professional, commercial or bank secret and statistical data protection |
| Malawi | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 3. (1) This Act shall apply to information in the custody or under the control of any information holder listed in the Schedule hereto. (2) This Act shall not apply to the following information - (a) Cabinet records and those of its committees; (b) court records prior to conclusion of a matter. | |
| Namibia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | ss. 65-75; s. 1. | Points lost for personal information (which is too broad and should be private information instead) and for manifestly frivolous or vexatious requests, which is too broad. |
| Netherlands | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 8 | Section 10. Paragraph 1: \"Disclosure of information pursuant to this Act shall not take place insofar as: a. this might endanger the unity of the Crown; b. this might damage the security of the State; c. the data concerned relate to companies and manufacturing processes and were furnished to the government in confidence by natural or legal persons; d. it concerns personal data within the meaning of division 2 of chapter 2 of the Personal Data Protection Act, unless the disclosure manifestly does not constitute a breach of privacy. 2. Nor shall disclosure of information take place insofar as its importance does not outweigh one of the following: a. relations between the Netherlands and other states or international organisations; b. the economic and financial interests of the Stat e, other bodies constituted under public law or the administrative authorities referred to in section 1a, (c) and (d); c. the investigation of criminal offences and the prosecution of offenders; d. inspection, control and oversight by administrative authorities; e. respect for personal privacy; f. the importance to the addressee of being the first to note the information; g. the prevention of disproportionate advantage or disadvantage to the natural or legal persons concerned or to third parties. 3. Subsection 2, opening words and (e) does not apply in so far as the person involved has consented to the disclosure. 4. Subsection 1, opening words, (c) and (d), subsection 2, opening words and (e), and subsection 7, opening words and (a) do not apply in so far as the disclosure concerns environmental information related to environmental emissions. Notwithstanding subsection 1, opening words and (c) disclosure of environmental information shall not take place if the interests of disclosure do not outweigh the interests stated there. 5. Subsection 2, opening words and (b) applies to the disclosure of environmental information concerning confidential procedures 6. Subsection 2, opening words and (g) does not apply to the disclosure of environmental information. 7. Disclosure of environmental information pursuant to this Act shall not take place if the interests of disclosure do not outweigh the following interests: a. the protection of the environment to which this information relates; b. the security of companies and the prevention of sabotage. 8. If subsection 4, first sentence does not apply, the application of subsections 1, 2 and 7 to environmental information shall take account of whether or not the information concerns environmental emissions. Section 11 \"Where an application concerns information contained in documents drawn up for the purpose of internal consultation, no information shall be disclosed concerning personal opinions on policy contained therein\" | This is the exception that falls outside the list: \"the prevention of disproportionate advantage or disadvantage to the natural or legal persons concerned or to third parties\" as well as Section 11 \"Where an application concerns information contained in documents drawn up for the purpose of internal consultation, no information shall be disclosed concerning personal opinions on policy contained therein\" (2 point loss). |
| Niger | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 9: Le droit à communication ne s’applique qu’aux documents achevés. Il ne concerne pas les documents préparatoires à une décision administrative tant qu’elle est en cours d’élaboration. Il ne s’exerce plus lorsque les documents font l’objet d’une diffusion publique. Le dépôt aux archives publiques des documents administratifs communicables ne fait pas obstacle au droit à la communication, à tout moment, desdits documents. 11: L’administration n’est pas tenue de donner suite aux demandes abusives, en particulier par leur nombre, leur caractère répétitif ou systématique. | Article 9 does not apply to draft or incomplete documents. Article 11 has limits on vexatious claims is overly broad. |
| North Macedonia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Art 6. "(1) Information holders may reject a request to access information in accordance with the law, should the information in question relate to the following: 1. information that, under the law, represents classified information of appropriate degree of secrecy; 2. personal datum the disclosure of which would mean violation of personal data protection; 3. information on archive working having been identified as confidential; 4. information the disclosure of which would mean violation of the confidentiality of the tax procedure; 5. information obtained or compiled within an investigation, a criminal or a misdemeanor procedure, for the purpose of conducting an administrative or a civil procedure, the disclosure of which would have harmful consequences for the course of the procedure itself; 6. information relating to commercial and other economic interests, including the interests of monetary and fiscal policies, the disclosure of which may have harmful consequences for the exercising of a particular function; 7. information contained in a document undergoing a procedure of compiling and still being subject of harmonization with an information holder, the disclosure of which would cause misunderstanding of the contents of the document in question; 8. information jeopardizing industrial or intellectual property rights (patent, model, sample, goods or service seal, product origin indication)." | |
| Panama | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Artículo 1: Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así: 1. Código de Ética: Conjunto de principios y normas de obligatorio cumplimiento, con recomendaciones que ayudan a los miembros de una organización a actuar correctamente. 2. Derecho de libertad de información: Aquel que tiene cualquier persona de obtener información sobre asuntos en trámites, en curso, en archivos, en expedientes, documentos, registros, decisión administrative o constancias de cualquier naturaleza en poder de las instituciones incluidas en la presente Ley. 3. Ética: Conjunto de reglas, principios y modelos de conducta que responden a criterios de corrección y de racionalidad que se identifican con un código de buen gobierno. 4. Información: Todo tipo de datos contenidos en cualquier medio, documento o registro impreso, óptico, electrónico, químico, físico o biológico. 5. Información confidencial: Todo tipo de información en manos de agentes del Estado o de cualquier institución pública que tenga relevancia con respecto a los datos médicos y psicológicos de las personas, la vida íntima de los particulares, incluyendo sus asuntos familiares, actividades maritales u orientación sexual, su historial penal y policivo, su correspondencia y conversaciones telefónicas o aquellas mantenidas por cualquier otro medio audiovisual o electrónico, así como la información pertinente a los menores de edad. Para efectos de esta Ley, también se considera como confidencial la información contenida en los registros individuales o expedientes de personal o de recursos humanos de los funcionarios. 6. Información de acceso libre: Todo tipo de información en manos de agentes del Estado o de cualquier institución pública que no tenga restricción. 7. Información de acceso restringido: Todo tipo de información en manos de agentes del Estado o de cualquier institución pública, cuya divulgación haya sido circunscrita unicamente a los funcionarios que la deban conocer en razón de sus atribuciones, de acuerdo con la Ley. 8. Institución: Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado. 9. Persona: Cualquier persona, ya sea natural o jurídica, que actúa en nombre propio o en nombre de un tercero. 10. Principio de acceso público: Derecho que tiene toda persona para solicitar y recibir información veraz y oportuna, en poder de las autoridades gubernamentales y de cualquier institución a la que haga mención esta Ley, en especial tratándose de su información personal. 11. Principio de publicidad: Toda la información que emana de la administración pública es de carácter público, por lo cual el Estado deberá garantizar una organización interna que sistematice la información, para brindar acceso a los ciudadanos y también para su divulgación a través de los distintos medios de comunicación social y/o de Internet. 12. Rendición de cuentas: Obligación de todo servidor público de responsabilizarse individualmente de sus actos en el ejercicio de sus funciones y en la comunicación de los resultados de su gestión ante la sociedad. Esta obligación de rendir cuentas también les corresponde a los cuerpos directivos colegiados de las instituciones públicas. 13. Transparencia: Deber de la administración pública de exponer y someter al escrutinio de la ciudadanía la información relativa a la gestión pública, al manejo de los recursos que la sociedad le confía, a los criterios que sustentan sus decisiones y a la conducta de los servidores públicos. Artículo 14: La información definida por esta Ley como de acceso restringido no se podrá divulgar, por un periodo de diez años, contado a partir de su clasificación como tal, salvo que antes del cumplimiento del periodo de restricción dejen de existir razones que justificaban su acceso restringido. Se considerará de acceso restringido, cuando así sea declarado por el funcionario competente, de acuerdo con la presente Ley:(...) 5. La información sobre existencia de yacimientos minerales y petrolíferos.(...) | Art 1 of Law 6 of 2002: definition of confidential information (overly broad). Art 14: Information on the existence of mineral and oil beds. |
| South Africa | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | See ss. 34-44 (too long to paste in). | s. 43, on third party research, and s. 44, on internal information, are overly broad. |
| Spain | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Artículo 14 (Límites al derecho de acceso): 1. El derecho de acceso podrá ser restringido cuando acceder a la información suponga un perjuicio para: a) La seguridad nacional. b) La defensa. c) Las relaciones exteriores. d) La seguridad pública. e) La prevención, investigación y sanción de los ilícitos penales, administrativos o disciplinarios. f) La igualdad de las partes en los procesos judiciales y la tutela judicial efectiva. g) Las funciones administrativas de vigilancia, inspección y control. h) Los intereses económicos y comerciales. i) La política económica y monetaria. j) El secreto profesional y la propiedad intelectual e industrial. k) La garantía de la confidencialidad o el secreto requerido en procesos de toma de decisión. l) La protección del medio ambiente. | La Ley enumera una serie de excepciones similares a las establecidas en los estándares internacionales. Pero la puntuación obtenida no es máxima porque no consideramos que está justificada la exclusión relativa a la garantía de la confidencialidad o el secreto requerido en procesos de toma de decisión. Esta exclusión no tiene equivalente en la Convención de Consejo de Europa sobre acceso a documentos públicos. |
| Switzerland | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 3 (Material scope of application) "1. This Act does not apply to: a. access to official documents relating to: 1. civil proceedings; 2. criminal proceedings; 3. international mutual and administrative assistance proceedings; 4. international dispute settlement proceedings; 5. constitutional and administra tive judicial proceedings; or 6. arbitration proceedings; and b. the consultation, by a party, of the case file in first-instance administrative proceedings. 2 Access to official documents containing personal information about the applicant is governed by the Federal Act of 19 June 1992 5 on Data Protection (Data Protection Act)." Article 7 (Exceptions): "1 The right of access shall be limited, deferred or refused if such access to an official document: a. significantly impairs the free opinion-forming and decision-making processes of an authority which is subject to this Act, or of another legislative, administrative or judicial body; b. affects the execution of specific measures taken by an authority in conformity with its objectives; c. is likely to compromise the domestic and international security of Switzerland; d. is likely to affect the interests of Switzerland in matters of foreign policy and international relations; e. is likely to affect relations between the Federal Government and the cantons, or inter-cantonal relations; f. is likely to affect the economic or monetary interests of Switzerland; g. is likely to reveal professional, business or manufacturing secrets; or h. is likely to result in the release of information provided voluntarily by a third party to an authority which undertook to maintain secrecy with regard thereto. 2 The right of access shall be limited, deferred or refused if such access to an official document is likely to prejudice the privacy of a third party, unless exceptionally outweighed by public interest." | The exceptions that falls outside the list are: Relations between the Federal Government and the cantons or inter-cantonal relations; information provided voluntarily by a third party to an authority which undertook to maintain secrecy with regard thereto (2 point loss). |
| Uruguay | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Artículo 9º. "(Información reservada).- Como información reservada podrá clasificarse aquella cuya difusión pueda:(...) F) Desproteger descubrimientos científicos, tecnológicos o culturales desarrollados o en poder de los sujetos obligados." Artículo 10. (Información confidencial).- Se considera información confidencial: I) Aquella entregada en tal carácter a los sujetos obligados, siempre que: A) Refiera al patrimonio de la persona. B) Comprenda hechos o actos de carácter económico, contable, jurídico o administrativo, relativos a una persona física o jurídica, que pudiera ser útil para un competidor. C) Esté amparada por una cláusula contractual de confidencialidad. II) Los datos personales que requieran previo consentimiento informado. Tendrán el mismo carácter los documentos o secciones de documentos que contengan estos datos. | Art 9(f) - F) Leaves scientific, technological or cultural discoveries developed or in the power of mandated subjects without protection. Art 10 - confidential information (overly broad). |
| Venezuela | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 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. Los sujetos obligados podrán, mediante decisión motivada, exceptuarse de proveer la información cuando el acceso a ella pudiere vulnerar los derechos humanos, comprometer la defensa o seguridad integral, generar una amenaza para el normal desarrollo socioeconómico de la República, afectar la salud pública o el orden público. Constitution 143. Los ciudadanos y ciudadanas tienen derecho a ser informados e informadas oportuna y verazmente por la Administración Pública, sobre el estado de las actuaciones en que estén directamente interesados e interesadas, y a conocer las resoluciones definitivas que se adopten sobre el particular. Asimismo, tienen acceso a los archivos y registros administrativos, sin perjuicio de los límites aceptables dentro de una sociedad democrática en materias relativas a seguridad interior y exterior, a investigación criminal y a la intimidad de la vida privada, de conformidad con la ley que regule la materia de clasificación de documentos de contenido confidencial o secreto. | Minus one for socioeconomic development and human rights. Overall the Law does not really have a proper exceptions regime which is probably created in reverse by other secrecy laws; since points already deducted for this on Indicator 28 not repeated here but probably means this score is over generous. |
| Yemen | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | 24(g) |
24(g) allows an exception for copyright which is too broad, since it fails to distinguish between privately held copyright or IP and those of the public body. Other than that the commercial exception is ok. 24(c) - exempting material involved in confidential exchanges, is also overly broad. |
| Andorra | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 7 | "Article 11. Limitations on the right of access 1. The right of access provided for in this Chapter may be denied when the requested information is disclosed causes harm to: a) National defense and security. b) International relations and confidentiality obligations assumed on the merits of agreements with agencies international. c) Public safety. d) Relations with the co-princes and their services. e) Economic, financial and monetary policy. f) The protection of the environment. g) The prevention, investigation and sanctioning of criminal, administrative or disciplinary offenses. h) The administrative functions of surveillance, inspection, control, supervision and audit. i) Equality between the parties in judicial proceedings and effective judicial protection j) Deliberations within or by public authorities in relation to the examination of a matter, as well as the guarantee of confidentiality or secrecy required in decision-making processes. k) Privacy and other legitimate private interests, such as the rights of minors and victims of gender violence, in accordance with the regulations on the protection of personal data. l) The economic or commercial interests of a natural or legal person, including intellectual property and industrial and strategic business information. m) Professional secrecy." "Article 11. Limitacions al dret d’accés 1. El dret d’accés previst en aquest capítol pot ser denegat quan la divulgació de la informació sol·licitada comporta un perjudici per a: a) La defensa i seguretat nacional. b) Les relacions internacionals i les obligacions de confidencialitat assumides en mèrits d’acords amb organismes internacionals. c) La seguretat pública. d) Les relacions amb els coprínceps i els seus serveis. e) La política econòmica, financera i monetària. f) La protecció del medi ambient. g) La prevenció, investigació i sanció d’infraccions penals, administratives o disciplinàries. h) Les funcions administratives de vigilància, inspecció, control, supervisió i auditoria. i) La igualtat entre les parts en els procediments judicials i la tutela judicial efectiva j) Les deliberacions en el si o per part d’autoritats públiques en relació amb l’examen d’un assumpte, així com la garantia de la confidencialitat o el secret requerits en processos de presa de decisions. k) La intimitat i altres interessos privats legítims, com ara els drets dels menors d’edat i els de les víctimes de violència de gènere, de conformitat amb la normativa en matèria de protecció de dades personals. l) Els interessos econòmics o comercials d’una persona física o jurídica, inclosa la propietat intel·lectual i industrial i la informació empresarial estratègica. m) El secret professional." | "Addittional points outside of 10 point scope: d) Les relacions amb els coprínceps i els seus serveis. h) Les funcions administratives de vigilància, inspecció, control, supervisió i auditoria. m) El secret professional." |
| Angola | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 8(2) Information of a medical nature is communicated to the applicant only through a medical intermediary elected by the applicant." 7(1) Everyone shall have the right to information through access to non-personal documents held by public bodies. (2) The right of access to personal documents is restricted to the person to whom the personal data refers and to third parties who can demonstrate direct and personal interest, in terms of the next article. (3) The right of access to documents held by public bodies includes not only the right to obtain reproductions thereof, but also the right to be informed of the existence and the contents thereof. (4) Where documents held by public bodies are kept in archives, this shall not at any time hinder the exercise of the right of access to such documents. (5) Access to documents that form part of unfinished court proceedings or to documents produced in the preparation of a court ruling shall be deferred until the ruling has been taken, the proceedings have been shelved or a year after they were first produced. (6) Access to inquests and inquiries shall be permitted only after the expiry of the period for possible disciplinary proceedings. (7) Access to documents within the domain of notaries or public registers, documents on an individual's civilian identity and criminal records, documents concerning automatically processed personal data, as well as documents kept in historical archives is governed by separate legislation. | 8(2) Information of a medical nature is to be communicated to the applicant only through a medical intermediary elected by the applicant. Art 7 rule for "personal documents" is overly broad. 7(6) Access to inquests and inquiries shall be permitted only after the expiry of the period for possible disciplinary proceedings. |
| Australia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 7 | 4 Interpretation (1) ...Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Document includes: (...) but does not include: (d) library material maintained for reference purposes; or (e) Cabinet notebooks. 21 Deferment of access (1) An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned: (a) if the publication of the document concerned is required by law of until the expiration of the period within which the document is required to be published; (b) if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available until the expiration of a reasonable period after its preparation for it to be so presented or made available; (c) if the premature release of the document concerned would be contrary to the public interest until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or (d) if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public until the expiration of 5 sitting days of either House of the Parliament. (2) Where the provision of access to a document is deferred in accordance with subsection (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate. &nbsp; 47C Public interest conditional exemptions—deliberative processes (1) A document is conditionally exempt if its disclosure under this Act would disclose matter (deliberative matter) in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of: (a) an agency; or (b) a Minister; or (c) the Government of the Commonwealth. (2) Deliberative matter does not include either of the following: (a) operational information (see section 8A); (b) purely factual material. (3) This section does not apply to any of the following: (a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters; (b) reports of a body or organisation, prescribed by the regulations, that is established within an agency; (c) the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function. | S. 4(1) excludes Cabinet notebooks entirely - this is overly broad. S. 21 deferments are overly broad - with no time limit, and fuzzy justification requirements. S. 47C - deliberative process documents - overly broad (also not harm tested). |
| Cyprus | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | Section 3 (Special Rules and Exceptions to the Right of Access to Information) | "Exceptions include: Information accessible to applicant by other means (Article 20) Information intended for future publication (Article 21) National Security (Article 23) Defence (Article 24) International Relations (Article 25) The economy (Article 26) Investigations and proceedings conducted by public authorities (Article 27) Law Enforcement (Article 28) Judicial/Court Records (Article 29) Audit functions (Article 30) Development of Government Policy (Article 32) Health and Safety (Article 33) Commercial Interests (Article 34.2) Three points removed due to extra exceptions outside international standards: Security bodies (Article 22) Parliamentary privilege (Article 31) Information provided in confidence (Article 34.1)" |
| East Timor | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 7 | Article 6 Confidential Matters Access to documents covering the following matters may be refused: A) Those related to State Defense and Security, in accordance with definitions of the legislation in force, whose knowledge may endanger or may cause damage to the defense or internal and external security of the State; B) Those that reveal commercial, industrial, scientific, Technical, financial or economic secrets; (C) those containing matters relating to industrial relations or contractual obligations established with the State, the knowledge of which undermines the privacy of private life or the disclosure of personal data; (D) Those relating to the preservation of fundamentally constitutional interests of the State, namely, the integrity of the territory, national sovereignty, patrimony, protection of the population, financial and economic stability and national development; (E) those relating to the strategy to be adopted by the State within the negotiations with other States or international organizations; (F) those transmitted, on a confidential basis, by Foreigners or international organizations; (G) Those relating to the preservation and security of economic and energetic resources. Article 8(5) A third party may only have access to documents on an identified or identifiable natural person, appraisal or value judgment, or information covered by the privacy reserve, if it has a written authorization from it or demonstrates a direct, personal and legitimate interest sufficiently relevant in accordance with the principle of proportionality. (6) A third party may only have access to documents containing trade, industrial secrets or the internal life of an undertaking if it has received a written authorization from it or demonstrates a direct interest in accordance with the principle of proportionality. | Lost points for preservation of economic and energy resources; third party information; internal documents of third parties |
| Ghana | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 5(1) Information is exempt from disclosure where the information (a) is prepared for submission or has been submitted to the President or Vice-President for consideration; or (b) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or the Vice-President and is likely to (i) undermine the deliberative process on the part of the President or of the Vice-President; or (ii) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. 6(1) Information is exempt from disclosure where the information (a) is prepared for submission to Cabinet or submitted to Cabinet for consideration, or (b) is at Cabinet, not published or released to the public, and (c) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made and is likely to (i) prejudice the effective formulation or development of government policy; (ii) frustrate the success of a policy by premature disclosure of that policy; (iii) undermine the deliberative process in Cabinet; or (iv) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. (3) Cabinet may publish or grant access to information that is otherwise exempt under this section. (4) For the purposes of this section, Cabinet includes a committee or sub-committee of Cabinet. 7(1) Information is exempt from disclosure where the information contains matters which if disclosed can reasonably be expected to (a) interfere with the prevention, detection or curtailment of a contravention or possible contravention of an enactment, (b) prejudice the investigation of a contravention or possible contravention of an enactment, (c) reveal investigation techniques and procedures in use or likely to be used in law enforcement, (d) disclose the identity of a confidential source of information, matter or the information given by a confidential source in respect of law enforcement, (e) impede the prosecution of an offence, (f) endanger the life or physical safety of a person, (g) prejudice the fair trial of a person or the impartial adjudication of a case, (h) reveal a record of information that has been confiscated from a person by a police officer or a person authorised to effect the confiscation in accordance with an enactment, (i) interfere with the maintenance or enforcement of a lawful method or procedure for protecting the safety of the public, (j) endanger the security of a building, structure or means of transport or a system including computer and communication systems for which security is reasonably required, (k) prejudice the security of a prison or place for lawful detention, (l) facilitate the escape of a person from lawful custody, or (m) prejudice a system or procedure for witness protection or any other procedure for the protection of persons or property where the protection is required. (2) Despite subsection (1), information is not exempt from disclosure where that information (a) consists merely of a report on the outcome of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; (b) contains a general outline of the structures of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; or (c) consists merely of a report on a law enforcement investigation that has already been disclosed to the person who is the subject of the investigation. 8(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the relations between the Government and the government of any other country, (b) reveal information communicated in confidence to a public institution by or on behalf of another government, (c) reveal information communicated in confidence to a public institution by an international organisation or a body of that organisation, (d) reveal information communicated in confidence by a public institution to (i) another public institution in another country or another government; or (ii) an international organisation or a body of that organisation. (2) Despite subsection (1), the exempt information may be disclosed if the President gives prior approval for the disclosure. 9(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the defence of the Republic or a foreign State allied to or friendly with the Republic, or (b) be prejudicial to the detection, prevention or suppression of terrorism, sabotage or espionage. (2) Subject to article 135 of the 1992 Constitution, information created by or in the custody of the Ghana Armed Forces or the security and intelligence agencies established under the Security and Intelligence Agencies Act, 1996 (Act 526) which is likely to threaten the security of the State is exempt information. 10 Information is exempt from disclosure prior to official publication where (a) the information contains trade secrets or financial, commercial, scientific or technical information that belongs to the State or public institution and the information has monetary or a potential monetary value; (b) the disclosure of the information can reasonably be expected to affect the integrity or stability of the financial system or, damage the financial interests of the State or public institution or the ability of the State to manage the national economy; (c) the disclosure of the information can reasonably be expected to cause a disruption of business or trade in the country; (d) the disclosure of the information can unduly benefit or be injurious to a person because it provides prior information about future economic or financial measures to be introduced by the Government or public institution; (e) the information contains criterion, procedure, position or instruction that relates to negotiations being carried on or to be carried on by or on behalf of the State or public institution, the disclosure of which shall be injurious to national security and economic development; or (f) the information contains questions or methodology to be used in an examination, recruitment or selection process and the release is likely to jeopardise the integrity of that examination, recruitment or selection process. 11(1) Information which would reveal a trade secret, research, scientific, technical, commercial, financial or labour related information supplied in confidence is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) prejudice the competitive position of a person, a group of persons or an organisation; (b) adversely affect negotiations with a third party; (c) result in undue loss or gain to a person, a group, a financial institution or any other body; or (d) result in a public institution not being supplied with similar information where it is in the public interest that the similar information be supplied to the public institution. (2) Information which has already been made available to the public by the appropriate person, authority or body is not exempt from disclosure under subsection (1). 12(1) Information obtained from a tax return or gathered for the purposes of determining tax liability is exempt from disclosure. (2) Exempt information under subsection (1), may be disclosed if the person to whom the information relates, agrees to the disclosure. 13(1) Information is exempt from disclosure where the disclosure of the information will reveal (a) an opinion, or an advice given, or (b) a recommendation, consultation or deliberation made to the public institution and is likely to undermine the deliberative process in that public institution. (2) Information which (a) merely contains material that has been publicly mentioned as the basis of a public policy or for formulating public policy, or (b) contains only factual or statistical data, is not exempt from disclosure. 14 Information is exempt from disclosure if its disclosure can reasonably be expected to (a) infringe or contravene a parliamentary privilege, (b) prejudice the fair trial of a person or the impartial adjudication of a case before a court or a quasi-judicial body, or (c) constitute contempt of court or of a quasi-judicial body. 15(1) Information is exempt from disclosure where (a) it is privileged on grounds of (i) lawyer and client professional relationship, (ii) communication between spouses whether married under an enactment or under the common law as defined in clause (2) of article 11 of the Constitution; or (iii) the Evidence Act, 1975 (N.R.C.D. 323); or (b) the disclosure of the information reveals confidential communication between a doctor and a patient or any other medical expert in connection with the medical diagnosis or treatment of the patient. (2) Subsection (1) does not apply where the person entitled to the privilege knowingly waives the privilege. 16(1) Information, the disclosure of which is unreasonable concerning the personal affairs of an individual whether living or deceased is exempt from disclosure. (2) Disclosure is unreasonable if it reveals or is likely to reveal information about the individual's (a) physical or mental health; (b) business or trade secrets of commercial value; or (c) confidential professional, commercial or financial affairs. (3) Disclosure is reasonable if (a) the individual to whom the information relates gives prior consent; (b) the disclosure is required to promote public health or public safety; (c) the disclosure is necessary in order to subject government activities to public scrutiny; (d) the disclosure does not unjustifiably damage the reputation of any other person referred to in the information; (e) the disclosure is made to the individual to whom the information relates; (f) the disclosure does not contravene a provision on exempt information specified in this Act; (g) the disclosure would not have an adverse effect on the affairs of the individual; (h) the disclosure would not prejudice the future supply of information: (i) the information has already been made available to the public by the appropriate person. authority or body; (j) the individual to whom the information relates was informed or made aware prior to supplying the information or that the information belongs to a class of information that will or might be made available to the public; (k) in the case of a deceased person, the applicant is the next of kin or represents the next of kin or is the personal representative of the deceased; or (l) the disclosure is about the physical or mental health or wellbeing of the individual who is under the care of the applicant and who is (i) under the age of eighteen years, or (ii) incapable of understanding the nature of the request and giving access would be in the best interest of the individual. | Internal working information; parliamentary privilege; communication between spouses; other problems here: covers not only confidential sources but also information provided by them; wrong test is used for State economic interests; communications with doctors already covered by privacy; several items listed under privacy are not about privacy |
| Indonesia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 6(1) A Public Agency has the right to refuse to provide exempted information [...] (3) The Public Information that exempted as referred to in paragraph (1) are: (a) information that may jeopardize the state; (b) information relating to the protection of the business from unhealthy business competition; (c) information relating to individual privacy; (d) information relating to official function; and/or (e) the required Public Information is not within its authority or not yet documented. 17. Every Public Agency shall open the access to obtain Public Information for every Public Information Applicant, except: (a) Public Information that if disclosed and supplied to the Public Information Applicant could obstruct the process of law enforcement, such as information that could: (1) obstruct the investigation and inquiry process of a crime; (2) disclose the identity of the informant, reporter, witness and/or the victim who knows a crime; (3) disclose the criminal intelligent data and the plans to prevent and to handle any form of transnational crime; (4) jeopardize the life and the safety of the law enforcement officer and/or his/her family; and/or (5) jeopardize the safety of the equipment, facilities and/or the infra-structure of the law enforcement officer. (b) Public Information that, if disclosed and supplied to the Public Information Applicant, may disturb the protection of the right to intellectual property and the protection from unhealthy business competition; (c) Information that, if disclosed and supplied to the Public Information Applicant, may jeopardize the defense and security of the state, ie. (1) information about the strategy, intelligence, operation, tactics and technical information of the state defense and security system, covering the planning, implementation and closing or the evaluation phase pertaining to internal and external threats; (2) documents containing the strategy, intelligence, operation, technique and tactics pertaining to the state defense and security system, covering the planning, implementation and closing or evaluation phase; (3) number, composition, disposition or dislocation of the strength and capacity to organize the state defense and security as well as their development plan; (4) drawing and data of the situation and condition of the military base and/or military installation; (5) data on the estimated military capacity and defense of other countries, limited to the actions and/or indication of such country that might jeopardize the sovereignty of the unity of the Republic of Indonesia and/or data relating to military cooperation with other countries as agreed to in such agreement as confidential or highly confidential data; (6) state's encryption system; and/or (7) the intelligence system of the state. (d) Public Information that if disclosed and supplied to the Public Information Applicant could reveal the natural wealth of Indonesia; (e) Public Information that, if disclosed and supplied to the Public Information Applicant, may be harmful to the national economic security; (1) the initial purchase and sales plan of the national or foreign currencies, shares and vital assets of the state; (2) the initial plan to alter the exchange rate, interest rate, operating capital of the financial institution; (3) the initial plan to alter the interest of the bank, government loan, alterations to the taxes, tariff, or revenue of the state/other regions; (4) the initial sales or purchase plan of land or property; (5) the initial foreign investment plan; (6) the process and result of the supervision on banks, insurance or other financial institutions; and/or (7) matters pertaining to the money printing process. (f) Public Information that, if disclosed and supplied to the Public Information Applicant, may be harmful to diplomatic relations; (1) the position, bargaining power and strategy to be taken and that have been taken by the state in relation to international negotiations; (2) inter-state diplomatic correspondence; (3) the communication and encryption system used to operate international communication; (4) the protection and safeguarding of Indonesia's strategic infrastructure overseas. (g) Information that, if disclosed, may reveal the contents of an authentic personal deed and the last will or testament of an individual; (h) information that, if disclosed and supplied to the Public Information Applicant, may reveal an individual privacy, ie. (1) the history and condition of a member of the family; (2) the history, condition and care, physical medical treatment, and physic of an individual; (3) the financial condition, assets, income and bank account of an individual; (4) evaluation results of the capability, intellectuality and recommendations on the capability of an individual; and/or (5) personal notes of an individual pertaining to his/her formal education and non-formal education activities. (i) the memorandum or letters between the public agencies or among the public agencies that, based on their nature are confidential, except the decision of the Information Commission or the court; (j) information that may not be disclosed under the law. | 6(3)(d) - "information relating to official function" - that smells overly broad to me. 6(3)(e) - "the required Public Information is not within its authority" - it is unclear what this means. 17(I) - the memorandum or letters between the public agencies or among the public agencies that, based on their nature are confidential, except the decision of the Information Commission or the court = overly broad. |
| Jordan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 7 | 10 No information bearing the nature of religious, racial, ethnic, sexual or color discrimination shall be requested. 13 Subject to the provisions of the applicable legislations, the Official in Charge shall refrain from the disclosure of the information related to: [...] (f) The correspondences with personal or confidential nature, whether in the form of post, cable, phone call or any other technological means, with governmental departments and the replies thereto. [...] (i) The information with commercial, industrial or economic nature, information on scientific bids or researches or technology, whose disclosure will lead to the violation of its copyright, rights of intellectual property or fair or lawful competition or to illegal profit or loss for any person. | 10 - No discriminatory information, 13(f) - "confidential correspondences", 13(i) - copyright (overly broad, not limited to privately held copyrights). |
| Kuwait | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 12. The authority shall not disclose information in the following cases: 1. In case the disclosure affects national security or public security or defense capabilities, which include: − Weapons, tactics, strategies, forces and military operations. − Intelligence related to defeating aggressive acts and crimes perpetrated on the internal and external state security. − International communications and correspondence related to the defense affairs, military coalitions and strategic interests of the country. 2. If the privacy 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. 3. If that leads to affecting the course of justice or incurs damage to third parties. 4. If the information pertains to private or medical life or personal status or accounts and banking transfers unless the authorized person agrees to disclose it. 5. If the information comprises a trade secret, the publication of which shall be detrimental to a commercial and financial interest of the stakeholders. 6. If the information reached the state via another state or an international organization and its publication shall be detrimental to the relations with the state or the organization. 7. If the disclosure of the information shall cause a serious and major hazard that affects the state economy or affects the public trust in the currency or the public health or environment. 8. If the disclosure of the information shall cause a danger to the life of an individual or his health or safety. 9. If the confidentiality was decided by virtue of a decision from the competent court or the public prosecution or the General Directorate of Investigations. 10. The information related to family conflicts, juvenile cases and ongoing investigations in criminal cases. | Exceptions which are problematical include: damage to third parties; state of the economy or public trust in the economy; and confidentiality decided not only by courts but also the prosecutor or General Directorate of Investigations. |
| Monaco | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 24(2) Sont également rejetées les demandes portant sur des documents administratifs dont la consultation porterait atteinte : (a) au secret des délibérations du Gouvernement et des autorités mentionnées à l’article 2 ; (b) à la conduite de la politique extérieure de la Principauté ; (c) à la sûreté de l’État ou à la sécurité des personnes ou des biens ; (d) à la monnaie et au crédit public ; (e) au déroulement de procédures introduites devant des juridictions ou d’opérations préliminaires à de telles procédures ; (f) à la recherche ou à la poursuite de faits susceptibles de donner lieu à des sanctions administratives ou pénales ; (g) au secret de la vie privée, de la correspondance, au secret médical, ou au secret en matière commerciale, industrielle ou professionnelle, lorsque les informations concernent une personne autre que le pétitionnaire ; (h) à tout autre secret ou intérêt légitime légalement protégé. 28(2) La communication de documents à caractère contractuel ou pré-contractuel est régie par les dispositions générales ou particulières applicables aux conventions mentionnées à l’article 5. 37: Si un motif légitime d’intérêt public ou privé s’oppose à ce que certains documents administratifs mentionnés à l’article précédent soient communiqués, le Ministre d’État peut, par décision motivée, en restreindre ou en refuser la communication. | secret deliberations; professional secrets; and general public interest in secrecy. Generally, the exceptions are not clearly worded but they do respond to legitimate interests. The impact of A18(2) is unclear because A5, upon which it depends, was repealed. |
| Morocco | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 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. 18(1) En cas de refus, en tout ou en partie, de la demande d'accès à l'information, les institutions ou les organismes concernés doivent motiver leur réponse par écrit, notamment dans les cas suivants : ... —si les informations demandées sont en cours de préparation ou d'élaboration ; — si les informations demandées sont déposées auprès de l'institution « Archives du Maroc ». | Generally legitimate but protect all human rights ("libertés et droits fundamentaux"), cabinet proceedings and unfinished documents (en cours de préparation) |
| Russia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | Article 2(5): (Scope of the Present Federal Law): The scope of the present Federal Law does not extend to: (a) relations arising in connection with providing access to personal data, the processing of which is carried out by government bodies and bodies of local self-government; (b) procedures for consideration by government bodies and bodies of local self-government of applications of citizens; (c) procedures for granting by government bodies and bodies of local self-government to other government bodies and bodies of local self-government of information on their activity arising in connection with the carrying out, by the above-specified bodies, of their competence. Article 5(1): (Information on the Activities of Government Bodies and Bodies of Local Self-Government, Access to Which is Restricted): Access to information on the activities of government bodies and bodies of local self-government is restricted in cases in which the above-specified information refers to data which, according to procedures defined by federal law, constitutes government or other secrets protected by law. (2) The list of the data referring to information to which access is restricted, as well as the procedure of referring the above-specified data to the status of information of restricted access, are defined by federal law. | The procedures for consideration of applications of citizens; procedures for granting by government bodies and bodies of local self-government to other similar bodies of information on their activity, both falls outside the list. "Data which constitutes government or other secrets protected by law", under my consideration, is broadly framed.(3 point loss). |
| Saint Kitts and Nevis | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | ss. 26-33 | s. 27(2), government legal opinions; s. 28(2), bank supervision; s. 33(2) and (4), internal documents |
| Sri Lanka | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | See generally, section 5. The excessive exceptions are section 5. (1) Subject to the provisions of subsection (2) a request under this Act for access to information shall be refused, where ... (f) the information consist of any communication, between a professional and a public authority to whom such professional provides services, which is not permitted to be disclosed under any written law, including any communication between the Attorney General or any officer assisting the Attorney General in the performance of his duties and a public authority;... (k) the disclosure of such information would infringe the privileges of Parliament or of a Provincial Council as provided by Law; ... (3) Any information relating to any overseas trade agreement referred to in subsection (1) (c ) (v) of this section, where the negotiations have not concluded even after a lapse of ten years shall not be disclosed. | Exceptions in favour of communications between professionals, the privileges of Parliament and trade agreements are not legitimate. |
| Sudan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | Disclosure of information relating to the following shall be excepted from the implementation of the provisions of this law: … (b) The documents … that are obtained in agreement with another state, (c) Secrets relating to national defense or state security, or its foreign policy if fifty years has not passed since their creation, (d) Information that contains an analysis, recommendations, proposals or consultations submitted before a decision has been made regarding them, and this includes correspondence and information exchanged between the concerned parties in that matter, (e) Personal information and files, and those relating to people’s educational or medical records, employment records, accounts, bank transfers, or professional secrets, and information of a commercial, industrial or economic nature relating to the procedures of tenders, or scientific or technical research the disclosure of which leads to the infringement of copyright, intellectual property or fair and legitimate competition, or leads to unlawful profit or loss for any person, (f) Correspondence of personal and secret nature, whether by mail, telegram, telephone or any other technological means, (g) Information the disclosure of which leads to influencing any ongoing negotiations, (h) Investigations conducted by judicial bodies or security bodies relating to any crime or case within their jurisdiction, in addition to the investigations conducted by the competent authorities to uncover financial and customs or bank violations if the relevant body does not authorize their disclosure, (i) Any information obtained by the public institution from another institution privately and in confidence, (j) Information that contains trade secrets or information that may lead to commercial damages, (k) Any information that have a date of publication already established for the current year. | Relating to foreign policy, obtained from another institution privately and in confidence (but without any conditions) and to be published in the current year (which could be up to a year from the date of a request) |
| Taiwan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 18 The government information as follows shall be restricted from making available to the public or provision: 1. Classified by law as national secrets, required to maintain confidentiality or prohibited from provision to the public according to other laws, regulations, or orders. 4. Making available to the public or provision of the information will make difficult or disrupt the purpose of such works, where the government agency acquired or produced such information to enforce the works of supervision, management, investigation or ban. 8. Making available to the public or provision of the cultural heritage that requires special management will possibly destruct or decrease its values. | 18(1), 18(4) - overly broad, 18(8) - cultural heritage |
| Tanzania | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | Section 3 as above. "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. Section 6: (1) Notwithstanding the provision of section 5, the information holder may withhold the information where he- (a) is satisfied that all the information or part of the information is exempted under subsection (2); and (b) determines, in accordance with this Act, that the disclosure is not justified in the public interest. (2) Exempt information may be withheld if the disclosure of such information is likely to- (a) undermine the defence, national security and international relations of the United Republic; (b) impede due process of law or endanger safety of life of any person; (c) undermine lawful investigations being conducted by a law enforcement agent; (d) facilitate or encourage the Commission of an offence; (e) involve unwarranted invasion of the privacy of an individual, other than an applicant or a person on whose behalf an application has been made; (f) infringe lawful commercial interests, including intellectual property rights of that information holder or a third party from whom information was obtained; (g) hinder or cause substantial harm to the Government to manage the economy; (h) significantly undermine the information holder’s ability to give adequate and judicious consideration to a matter of which no final decision has been taken and which remains the subject of active consideration; or (i) damage the information holder’s position in any actual or contemplated legal proceedings, or infringe professional privilege; (j) undermine Cabinet records and those of its committee; or (k) distort or dramatize record or data of court proceedings before the conclusion of the case. (3) For purposes of paragraph (a) of subsection (2), information relating to national security includes- (a) military strategy, doctrine, capability, capacity or deployment; (b) foreign government information with implications on national security; (c) intelligence operations or activities, sources or information capabilities, methods or cryptology; (d) foreign relations or foreign activities; (e) scientific, technology or economic matters relating to national security; or (f) vulnerabilities or capabilities | Professional privilege, Cabinet records and national security defined too broadly. S. 3 defines personal information too broadly but s. 6 exempts private informaiton in a proper way. |
| Ukraine | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 6.1 Information with limited access shall be: 1) confidential information; 2) secret information; 3) official information. 6.2 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. | Article 6 allows information to be withheld to protect reputations, which is not a legitimate interest, as well as the rights of others, which is too broad, and information received confidentially, which could easily be abused. |
| United States | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 7(b)(2) - internal personnel records. 7(b)(9) - geological and geophysical information and data, including maps, concerning wells. 7(c)(3) - foreign intel records - overly broad since agency is allowed to deny their existence, also not harm tested. | |
| Armenia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 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. | State secrets, official secrets, pre-investigation data not subject to publicity and copyright which is not limited to private copyright |
| Austria | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 6 (1) Information shall not be intended for publication and shall not be made accessible upon request if and as long as this is 1. for compelling reasons of integration or foreign policy, in particular in accordance with directly applicable provisions of European Union law or to comply with obligations under international law, 2. in the interests of national security, 3. in the interest of comprehensive national defense, 4. in the interests of maintaining public order and safety, 5. in the interest of unimpaired preparation of a decision, in the sense of unimpaired lawful decision-making and its immediate preparation, in particular a) of acts of the Federal President, the Federal Government, the Federal Ministers, the State Secretaries, the Provincial Government, individual members thereof and the Provincial Governor, the district administrative authorities, the organs of the municipality and the organs of other self-governing bodies, b) in the interests of official or judicial proceedings, an audit or other action by the body and to protect the legal confidentiality of negotiations, deliberations and votes, 6. to prevent significant economic or financial damage to the institutions, regional authorities or other self-governing bodies or 7. in the overriding legitimate interest of another party, in particular a) to safeguard the right to protection of personal data, b) to protect professional, business or trade secrets, c) to maintain banking secrecy (§ 38 of the Banking Act, Federal Law Gazette No. 532/1993), d) to maintain editorial secrecy (§ 31 of the Media Act, Federal Law Gazette No. 314/1981) or e) to protect the intellectual property rights of the persons concerned, is necessary and proportionate and not otherwise provided for by law. For this purpose, all relevant interests, on the one hand in the provision of the information, including in particular the exercise of freedom of expression, and on the other hand in the confidentiality of the information, must be weighed against each other. 9(3) Access to information shall not be granted if the request for information is manifestly abusive or if or insofar as the provision of the information would significantly and disproportionately impair the other activities of the institution. Federal Constitutional Act - B-VG, 22a (2) Everyone has the right of access to information vis-à-vis the bodies entrusted with the conduct of federal or provincial administration business. This shall not apply insofar as its secrecy is necessary for compelling reasons of integration or foreign policy, in the interests of national security, comprehensive national defense or the maintenance of public order and security, for the preparation of a decision, for the prevention of significant economic or financial damage to a territorial authority or other self-governing body or for the protection of overriding legitimate interests of another and unless otherwise provided by law. 22(a)(3) Everyone shall have the right of access to information concerning other foundations, funds, institutions and undertakings subject to the control of the Court of Audit or a provincial court of audit...This does not apply if the confidentiality of the information is necessary in analogous application of para. 2 or to prevent impairment of the competitiveness of the foundation, the fund, the institution or the company or, if comparable access to information is guaranteed, if otherwise stipulated by law. 52(3a) The obligation to provide information pursuant to subsections 1 to 3 shall not apply if 1. they concern sources whose disclosure would endanger national security or the safety of people, 2. the lawful decision-making of the Federal Government or of individual members thereof or their direct preparation is impaired, 3. their confidentiality is necessary to protect the overriding legitimate interests of another party or 4. they concern measures pursuant to Art. 52a para. 1. Explanatory Note, Re § 9...A barrier to abuse is also provided for (cf. the VwGH's established case law on manifest wantonness, characterized by recourse to the authority "in the awareness of groundlessness and hopelessness, uselessness and pointlessness" or "for the pleasure of obstructing" without a concrete interest in information, e.g. VwGH 29.5.2018, Ra 2017/03/0083, with reference to VwGH 13. 9.2016, Ra 2015/03/0038) and the limit of disproportionate administrative effort (para. 3; on disproportionate effort see e.g. VwGH 29.5.2001, 98/03/0007 and fundamentally ECtHR 28.11.2013, Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirtschaftlichen Grundbesitzes, BeschwerdeNr. 39534/07). The mere fact that more and more requests are made in connection with journalistic research for the purpose of facilitating a public debate, for example, does not in any case indicate an abuse of the right to information. Similarly, scarce or insufficient resources on the part of the party obliged to provide information do not justify a disproportionate effort in every case and without further ado. Explanatory Note, Re § 6…The "preparation of a decision" exception (no. 5) is intended to protect ongoing official and judicial proceedings (e.g. criminal or other investigative, administrative, judicial and disciplinary proceedings). However, it also concerns general, non-sovereign and not necessarily form-bound actions to be protected, such as ongoing audits, control or supervisory activities, e.g. of the Court of Audit or the Ombudsman Board or preparatory activities of legal professional representations. On the one hand, protection is necessary if the purpose or success of the official action would otherwise be thwarted (e.g. in the case of investigative proceedings, unannounced official inspections or audits in the education sector). On the other hand, the internal decision-making process of the body may need to be protected if independent and undisturbed consultation and decision-making (e.g. voting) would otherwise be impaired. The protection of the confidentiality of deliberations or decision-making processes (voting or deliberation secrecy) can be subsumed under this exception (for the public interest in protecting the independent decision-making of collegial bodies, see VfSlg. 17.863/2006). Records that provide information about the direct decision-making of such bodies (such as minutes of deliberations or meetings, draft resolutions, personal notes in this context) should therefore not be disclosed. It may still be necessary to keep this information secret even after the decision has been taken, if otherwise the protection would be circumvented or future decision-making would be impaired | In the "interest of unimpaired preparation of a decision, in the sense of unimpaired lawful decision-making and its immediate preparation" (5) is overbroad and as it applies to multiple kinds of decisions, two points deducted. An additional point deducted for the overbroad provision in 9(3) for abusive requests and requests which would "significantly and disproportionately impair the other activities of the institution", although an explanatory note limits the scope of this a bit. In addition, 7(c) (professional secrets) is overbroad as it covers more than privacy and legal privilege. |
| Bahamas | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Section 3. Application (5) This Act does not apply to— (a) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court; (b) the security or intelligence services (as defined in subsection (7)) in relation to their strategic intelligence gathering activities or operational intelligence gathering activities; (c) such statutory body or authority as the Minister may specify by Order; (d) private holdings of the National Archives where the contract or other arrangements under which the holdings are held does not allow disclosure in the circumstances prescribed under this Act. (6) This Act applies to records of an administrative nature held in a registry or other office of a court. (7) In subsection (5), "security or intelligence services" includes— (a) the Royal Bahamas Police Force; (b) the Royal Bahamas Defence Force; (c) the Department of Customs; (d) the Department of Immigration; (e) the Financial Intelligence Unit; and (f) any other statutory body or authority which the Minister, in consultation with the Minister responsible for National Security, may by Order designate. ... PART III - EXEMPT RECORDS Section 17. Records affecting security, defence or international relations, etc.; Records are exempt from disclosure if— (a) the disclosure thereof would prejudice the security, defence or international relations of The Bahamas; (b) the records contain information communicated in confidence between the Government— (i) and a foreign government; (ii) and an international organization. Section 18. Records relating to law enforcement (1) Records relating to law enforcement are exempt from disclosure if their disclosure would, or could reasonably be expected to— (a) endanger any person's life or safety; (b) affect— (i) the conduct of an investigation or prosecution of a breach or possible breach of the law; or (ii) the trial of any person or the adjudication of a particular case; (c) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, in relation to law enforcement; (d) reveal lawful methods or procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law, where such revelation would, or could be reasonably likely to, prejudice the effectiveness of those methods or procedures; (e) facilitate the escape of a person from lawful detention; or (f) jeopardize the security of a prison or detention facility .... Section 19. Records subject to legal privilege, etc A record is exempt from disclosure if— (a) it would be privileged from production in legal proceedings on the ground of legal professional privilege; or (b) the disclosure thereof would — (i) constitute an actionable breach of confidence; (ii) be in contempt of court; or (iii) infringe the privileges of Parliament. Section 20. Records affecting national economy, commercial affairs and certain documents concerning the operations of public authorities (1) A record is exempt from disclosure if— (a) its premature disclosure under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to have a substantial adverse effect on the economy, including but not limited to the premature disclosure of proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or instrument of economic management; (b) its disclosure under this Act would be contrary to the financial interests of the public authority by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public authority for the acquisition or disposal of property or the supply of goods or services; (c) its disclosure under this Act, by revealing information to a competitor of the public authority, would be likely to prejudice the lawful commercial activities of the public authority; (d) subject to subsection (4), it contains information obtained by a public authority from a third party who has consistently treated it as confidential and the disclosure of that information to a competitor of a third party, would be likely to prejudice the lawful commercial or professional activities of the third party; (e) its disclosure under this Act would be contrary to instructions issued to, or provided for the use or guidance of, officers of a public authority on the procedures followed or the criteria to be applied in negotiations, including financial, commercial and labour negotiations, and in the execution of contracts. Section 21. Records revealing Government's deliberative proceses (1) Subject to subsection (3), a record is exempt from disclosure if it contains— (a) opinions, advice or recommendations prepared for; (b) a record of consultations or deliberations arising in the course of, proceedings of the Cabinet or of a committee thereof. (2) Consultations or deliberations between the Prime Minister and the Governor-General shall be exempt from disclosure. Section 22. Prejudice to effective conduct of public affairs; (1) A record is exempt from disclosure if— (a) its disclosure would, or is would be likely to prejudice the maintenance of the convention of collective responsibility of Ministers; (b) its disclosure would or would be likely to inhibit the free and frank exchange of views for the purposes of deliberation; (c) it is legal advice given by or on behalf of the Attorney-General; or (d) its disclosure would otherwise prejudice, or would be likely to otherwise prejudice, the effective conduct of public affairs. (2) The initial decision regarding— (a) whether a record under subsection (1)(a) is exempt from disclosure shall not be made by the information manager but by the responsible Minister; (b) whether a record under subsection (1)(b), (c) and (d) shall not be made by the information manager but by the responsible Minister or the relevant chief officer. Section 23. Records relating to commercial interests (1) A record is exempt from disclosure under this Act if its disclosure would disclose information acquired by a public authority from a business, commercial or financial undertaking, and— (a) the information relates to trade secrets or other matters of a business, commercial or financial nature; or (b) the disclosure of the information under paragraph (a) would be likely to expose the undertaking to a disadvantage. Section 24. Records relating to heritage sites, etc. (1) Subject to subsection (2), a record is exempt from disclosure if its disclosure would, or could reasonably be expected to result in the destruction of, damage to, or interference with, the conservation of— (a) any historical, archaeological or anthropological resources; (b) anything which is eligible for preservation under The Bahamas National Trust Act (Ch. 391) or any other written law relating to the preservation of the heritage of The Bahamas; (c) any species of plant or animal life so designated or which is endangered, threatened or otherwise vulnerable; (d) any commercially important species; (e) any traditional knowledge held in confidence by a public authority; (f) any other rare or endangered living resource. (2) Records relating to matters under subsection (1) (a) through (f) shall be exempt for seventy-five years. Section 25. Records relating to sensitive personal data (1) A public authority shall refuse to disclose any record that contains personal data or sensitive personal data as defined under section 2 of Data Protection (Privacy of Personal Information) Act, (Ch. 324A). (2) All requests for personal data or sensitive personal data shall be made in writing pursuant to section 8 of the Data Protection Act (Privacy of Personal Information) Act, (Ch. 324A). (3) Records relating to personal data and sensitive personal data shall be exempt without limitation as to time. Section 26. Records likely to endanger health and safety A record is exempt from disclosure if its disclosure will or is likely to— (a) endanger the physical or mental health of an individual; or (b) endanger the safety of an individual. | Deducted points for s. 19, privileges of parliament; s. 20(1)(e), instructions relating to negotiations; s. 22, legal advice and prejudice to conduct of public affairs, s. 52: defamatory material. |
| Brazil | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Article 23. Information considered crucial to the security of society or of the State and, therefore, classifiable, are those whose disclosure or non-restricted access may: VI – harm or put at risk scientific or technological research and development projects, as well as systems, properties, facilities or areas of strategic national interest. Article 6. The access to information disciplined in this Decree is not applicable to: I – confidentiality cases provided for in the legislation, encompassing, inter alia, the following areas: tax, banking, stock market operations and services, business, professional, industrial and justice secrecy; Article 25. Information considered crucial to the security of society or of the State and, therefore, classifiable, are those whose disclosure or non-restricted access may: VII – harm or put at risk scientific or technological research and development projects, as well as systems, properties, facilities or areas of strategic national interest, as established in item II of the caption of article 6 | 23 - Harm or put at risk areas of areas of strategic national interest is vague. Reg 6(1) - assumptions of confidentiality under the law - is also overly broad. Reg 25(7) - undermine or cause risk to research projects. The law also has an entire "classification" scheme that seems to place an undefined category of information beyond the reach of the public. |
| Bulgaria | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 5. (Amended – SG No. 49/2007) The right of access to public information and the right of re-use of public sector information may not be exercised against others' rights and reputation, as well as against the national security, public order, national health and the moral standards. 8. (Amended – SG No. 49/2007) Provisions of this act related to access to public information shall not apply to information, which is: 1. obtainable in the course of provision of administrative services to citizens and legal entities; 2. (Amended, SG No. 57/2007) kept with the National archives of the Republic of Bulgaria. 13 (2) Access to administrative public information may be restricted, if it: 1. relates to the preparatory work of an act of the bodies, and has no significance in itself (opinions and recommendations prepared by or for the body, reports and consultations); | Only 2 accepted exceptions in the article 5; National security and public health and prosecution. It lost the rest of the scores because the exemption from the scope of the act in the article 8 (2 point lost) and others about the access to administrative public information in the article 13.2 (2 point lost). |
| Canada | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | See comments. | 16.1 -16.4 overbroad exceptions that covers investigations, examinations and audits by various bodies, 20.4 national arts centre contracts, 68.1 information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities (overbroad), 68.2 Atomic Energy of Canada. |
| China | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 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. 15 Administrative organs must not disclose government information involving commercial secrets or personal privacy, for which disclosure would cause harm to the lawful rights and interests of third parties. However, it is to be disclosed where the third parties consent or where the administrative organ finds that nondisclosure will create a major impact on the public interest. 16 Information on matters internal to administrative organs, including personnel management, logistics management, internal work processes, and information in other such areas, may be not disclosed. Deliberation records, process drafts, consultation letters, requests for instruction, and other such process type information, as well as administrative law enforcement case files, may be not disclosed. Where laws, regulations, and or rules provide that the information above shall be disclosed, follow those provisions. 17 Administrative organs shall establish and complete mechanisms for review of open government information, clarifying the procedures and responsibility for review. 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. 35. Where the number or frequency of applicants' applications to disclose government information clearly exceed reasonable limits, administrative organs may request that the applicants explain the reasons. Where administrative organs find that the reasons for the applications are not reasonable, they are to inform the applicant that they will not handle them; where administrative organs find that the reasons for the applications are reasonable, but that they are unable to respond to the applicants within the time provided in article 33 of this Regulation, they may determine a reasonably extended period for responding and inform the applicants. | Points lost for social stability, economic security, excessive number of requests and internal matters |
| Cook Islands | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 8. Other reasons for withholding official information (...) (2) Subject to sections 6, 7, 9 and 18 of this Act, this section applies if, and only if, the withholding of the information is necessary to – (g) maintain the constitutional conventions for the time being which protect – (i) the confidentiality of communications by or with the Sovereign or Her representative; (ii) collective and individual ministerial responsibility; (iii) the political neutrality of officials; (iv) the confidentiality of advice tendered by Ministers of the Crown and officials; or (h) maintain the effective conduct of public affairs through – (ii) the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment (l) prevent the disclosure or use of official information for improper gain or improper advantage. 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 – (d) that the information requested is or will soon be publicly available; (...) (h) that the request is frivolous or vexatious or that the information requested is trivial. | 8(2)(g) - maintaining constitutional conventions. 8(2)(h)(ii) - protection of ministers from improper harassment (this could be legitimate... but I feel like the language is overly broad and that the provision could be abused). 8(2)(l) - improper gain or advantage. 18(h) - information is trivial. 18(d) -Information that will soon be publicly available (no timeline - again could be abused). |
| Finland | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | [Principles of Openness] Article 11(1) A petitioner, an appellant and any other person whose right, interest or obligation in a matter is concerned (a party) shall also have the right of access, to be granted by the authority which is considering or has considered the matter, to the contents of a document which is not in the public domain, if they may influence or may have influenced the consideration of his/her matter. (2) A party, his/her representative or counsel shall not have the right of access referred to in paragraph (1) above to [...] (3) If a document forms a part of the documentation in a civil or criminal trial, a party shall have access to it regardless of the restrictions in paragraph (2), except for the case referred to in paragraph (2)(7). In so far as the document contains information on deliberations referred to in chapter 1, section 7 of the Code of Judicial Procedure, access to it shall be subject to the permission of the authority. Article 24(1) Unless specifically otherwise provided, the following official documents shall be secret [...] (2) The provisions in section 17 shall be taken into account in the application of the provisions on document secrecy in paragraph (1) or in another Act. | There are several exceptions that falls outside the list: "documents concerning the basic materials for a dissertation or other scientific study, technological or other development project"; 'the basic data for research and statistics" (3 points loss). This is the exception that is broadly framed: "the documents of the Government Foreign Affairs Committee" (because it may be misused in order to protect information that might reveal the breach of human rights, corruption, etc.; 1 point loss). |
| Guinea | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 6. Ne sont pas communicables les documents administratifs dont la consultation ou la communication porterait atteinte : - 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 de la Guinée ;- à la politique économique, monétaire ou financière de l'Etat; - à la sûreté de l'Etat, à la sécurité publique ou à la sécurité des personnes - à la monnaie et au crédit public ; - au déroulement des procédures engagées devant les juridictions ou d'opérations préliminaires à de telles procédures; - à la recherche, par les services compétents, des infractions fiscales et douanières ;- 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. 7. La communication par tout organisme, de documents ou d'informations présentant un caractère sensible ou d'ordre stratégique pour l'État, requiert l'autorisation préalable du premier responsable hiérarchique de l'organisme considéré, ou de la structure de validation instituée à cet effet au sein de l'administration. Un texte règlementaire du Ministre en Charge de la Fonction publique, détermine les catégories d'informations présentant un caractère sensible ou stratégique pour l'Etat, et soumises à une autorisation préalable pour communication, ainsi que la procédure d'examen et de validation instituée à cette fin au sein de l'administration. 8. Ne sont communicables qu'aux personnes concernées ou à leurs proches, les documents administratifs: - dont la communication porterait atteinte à la protection de la vie privée; au- secrèt médical et au secret en matière commerciale et industrielle; - portant une appréciation ou un jugement de valeur sur une personne physique, nommément désignée ou facilement identifiable ;- faisant apparaître le comportement d'une personne, dès lors que la divulgation de ce comportement pourrait lui porter préjudice. Les informations à caractère médical sont communiquées à l'intéressé, selon son choix, directement ou par l'intermédiaire d'un médecin qu'il désigne à cet effet, dans le respect des dispositions de la loi. Lorsque la demande porte sur un document comportant des mentions qui ne sont pas communicables en application du présent article mais qu'il est possible d'occulter ou de disjoindre, le document est communiqué au demandeur après occultation ou disjonction de ces mentions. 34. Le droit d'accès à l'information ne comprend pas es données relatives à l'identité des personnes ayant présenté des informations pour dénoncer des abus ou des cas de corruption. | Government deliberations (article 6) and value judgments on a person or their behaviour (article 8) lose two points. Article 7 also loses two points; by requiring permission for any sensitive or strategic information it effectively creates additional exceptions, even though a procedure must be established by regulation. One point deducted each for "sensitive" and "strategic", because even those arguably one category of exception, this allows the Minister to create categories by regulation which could potentially be expansive. |
| Honduras | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (7) Datos personales confidenciales: Los relativos al origen étnico o racial, características físicas, morales o emocionales, domicilio particular, numero telefónico particular, dirección electrónica particular, participación, afiliación a una organización política, ideología política, creencias religiosas o filosóficas, estados de salud, físicos o mentales, el patrimonio personal o familiar y cualquier otro relativo al honor, la intimidad personal, familiar o la propia imagen; [...] ARTICULO 25. PROHIBICION DE ENTREGA DE INFORMACION. Ninguna persona podrá obligar a otra a proporcionar datos personales que puedan originar discriminación o causar danos o riesgos patrimoniales o morales de las personas. ARTICULO 16. RESTRICCION DEL ACCESO A LA INFORMACION. El ejercicio del derecho de acceso a la información publica estará restringido cuando: [...] (3) Todo lo que corresponda a instituciones y empresas del sector privado que no este comprendido en obligaciones que señale esta Ley y leyes especiales; y, [...] | Article 3(7) and 25 - personal data is overly broad. Article 16(3) Everything that corresponds to private institutions and corporations that is not included in the obligations set forth in this Law and special laws. This law also enshrines protection of journalistic sources (presumably for public broadcasters) - not in the exception list, but I didn't dock them for that because it's a legitimate restriction. Article 17 - the classification of information as reserved proceeds when the harm that can be caused by information is greater than the public interest of knowledge of the same. Article 17(4) The interests protected by the Constitution and the Laws. |
| Jamaica | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Article 5(5) The Minister may, by order subject to affirmative resolution, declare that the application of this Act in relation to any government company specified in paragraph (e) (i) of the definition of "public authority" shall be subject to such exceptions, adaptations or modifications as the Minister may consider appropriate. 10(2) A public authority may defer the grant of access to an official document - [...] (c) if the premature release of the document would be contrary to the public interest, until the occurrence of any event after which or the expiration of any period beyond which, the release of the document would not be contrary to the public interest. Article 33(1) Nothing in this Act shall be construed as authorizing the disclosure of any official document - (a) containing any defamatory matter; [...] Article 15(1) An official document is exempt from disclosure if it is a Cabinet document, that is to say - (a) it is a Cabinet Submission, Cabinet Note or other document created for the purpose of submission to the Cabinet for its consideration and it has been or is intended to be submitted; (b) it is a Cabinet Decision, or other official record of any deliberation of the Cabinet. (2) Subsection (1) does not apply to - (a) any document appended to a Cabinet document that contains material of a purely factual nature or reports, studies, tests or surveys of a scientific or technical nature; or (b) a document by which a decision of the Cabinet has been officially published. | 5(5) - gives the minister special powers to exempt government companies, 10(2)(c) - allows for deferrals if its in the public interest, 33(1)(a) - documents containing defamatory matter. Section 15 of the Act excludes all Cabinet documents - overly broad. |
| Kyrgyzstan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 8.1. The right of access to information may be restricted only by law and only to the extent necessary for the purpose of protecting national security, public order, protecting public health and morals, protecting the rights and freedoms of other persons. 8.2. Restriction of the right of access to information shall be established in accordance with the law, subject to the following conditions: (1) exclusively for the purposes specified in Part 1 of this Article, as well as to prevent the disclosure of information received confidentially...8.5. Information, access to which is restricted in accordance with part 2 of this Article, shall be information of limited access, which includes: (1) confidential information - information, access to which is restricted to an individual or legal entity, except for public sector entities, and which can be disseminated in the manner determined by them at their request in accordance with the conditions provided for by them; (2) secret information - information, access to which is restricted in accordance with Part 2 of this Article, the disclosure of which may cause harm to a person, society and the state, containing state secrets, professional, bank secrecy, investigation secrecy or other secret provided for by law; (3) official information - information that is contained in the documents of public sector entities representing intradepartmental official correspondence, as well as collected in the process of operational-search, counterintelligence activities in the field of defense of the country, which is not classified as state secrets. 26.5. Texts of judicial acts adopted in cases heard in closed court sessions shall not be made public, with the exception of requisites, introductory and operative parts of judicial acts. 26.6. The texts of judicial acts adopted in cases heard in partially closed court sessions shall not make public the information that served as grounds for a closed court session. | Overbroad restrictions on morals, rights and freedoms of other persons (8.1) and intradepartmental offical correspondence (8.5(3)). The wording for the kinds of information which can be disclosed from closed and partially closed judicial sessions (26.5 and 26.6) is overbroad. |
| Lebanon | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Article 5: Documents that may not be accessed: A – There shall be no access to information pertaining to: 1 – National defense, national security, or general security secrets. 2 – The management of the state’s confidential foreign relations. 3 – Anything that undermines the state’s financial or economic interests or the security of the national currency. 4 – Individuals’ private lives or their mental and physical health. 5 – Secrets protected by law, such as professional or trade secrets. B – The following documents shall not be accessible: 1 – The facts of investigations before their recital in a public hearing and the facts of secret trials and juvenile and personal status trials. 2 – The minutes of confidential sittings of Parliament or its committees, unless otherwise decided. 3 – The Council of Ministers’ deliberations and the decisions that it renders confidential. 4 – Preparatory documents and unfinished administrative documents. 5 – Opinions issued by the State Shura Council, except by the persons concerned in the context of a judicial review. | Although most of the exceptions are related to legitimate interests, a few are problematic. 5.A.1 - general security secrets is massively overbroad; 5.A.3 on undermining economic interests; 5.B.4 on preparatory documents; and 5.B.5, connected with the State Shura Council, also does not connect to a recognised interest. |
| Luxembourg | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | A1(2): Sont toutefois exclus du droit d’accès, les documents relatifs : (i) aux relations extérieures, à la sécurité du Grand-Duché de Luxembourg ou à l’ordre public ; (ii) à la sécurité des personnes ou au respect de la vie privée ; (iii) au déroulement des procédures engagées devant les instances juridictionnelles, extrajudiciaires ou disciplinaires ou d’opérations préliminaires à de telles procédures ; (iv) à la prévention, à la recherche ou à la poursuite de faits punissables ; (v) à des droits de propriété intellectuelle ; (vi) à un secret ou une confidentialité protégés par la loi ; (vii) aux missions de contrôle, d’inspection et de régulation des organismes visés au paragraphe 1er ; (viii) au caractère confidentiel des informations commerciales et industrielles communiquées aux organismes visés au paragraphe 1er ; (ix) à la capacité des organismes visés au paragraphe 1er de mener leur politique économique, financière, fiscale et commerciale si la publication des documents est de nature à entraver les processus de décision y relatifs ; (x) à la confidentialité des délibérations du Gouvernement. A6: Ne sont communicables qu’à la personne concernée les documents qui : comportent des données à caractère personnel ; (i) comportent des données à caractère personnel ; Si la demande porte sur un document qui contient également des données à caractère personnel d’autres personnes nommément désignées ou facilement identifiables, le document n’est communiqué à la personne à l’origine de la demande que s’il est possible pour les organismes visés à l’article 1er, paragraphe 1er, d’occulter ou de disjoindre, sans charge administrative excessive, les données personnelles des autres personnes concernées par ce document ou si celles-ci en donnent leur accord écrit. (ii) comportent une appréciation ou un jugement de valeur sur la personne physique concernée, nommément désignée ou facilement identifiable ; Si la demande porte sur un document qui comporte également une appréciation ou un jugement de valeur sur d’autres personnes nommément désignées ou facilement identifiables, le document n’est communiqué à la personne à l’origine de la demande que s’il est possible pour les organismes visés à l’article 1er, paragraphe 1er, d’occulter ou de disjoindre, sans charge administrative excessive, les informations relatives aux autres personnes concernées par ce document ou si celles-ci en donnent leur accord écrit. (iii) comportent une opinion communiquée à titre confidentiel à l’administration, à moins que le caractère confidentiel du document n’ait été levé par la personne qui est à l’origine du document. A7: La demande de communication peut être refusée si : (i) la demande concerne des documents en cours d’élaboration ou des documents inachevés ; (ii) la demande porte sur un document qui est déjà publié ou qui a été réalisé à des fins de commercialisation ; (iii) la demande est manifestement abusive par son nombre, son caractère systématique ou répétitif ; (iv) la demande concerne des communications internes. | functions of control, inspection or regulation; confidential deliberations; documents being prepared; internal deliberations |
| Mozambique | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | ARTIGO 4 (Principles) 1.The exercise of the RTI shall respect the constitutional rules, preserving national unity and social harmony. ARTIGO 5 (Respect of Human Dignity) The exercise of the RTI shall preserve other rights and interests protected by the Constitution, namely the right to honor, of publicity, to reputation, to private life. ARTIGO 20 (Restrictions and limits) 1. The RTI can be restricted, put under condition, limited when the requested information is classified as a State secrecy, secret, restricted and confidential. 2. Without any prejudice to other restrictions provided by specific law, the restrictions as in the previous number the apply to the following cases: a) state secrecy; b) judicial secrecy; c) information held by the public administration, received on the condition of confidentiality, regarding relations with other states or international relations; d) professional secrecy; e) banking secrecy, except if permitted by specific law; f) personal data from electronic files held by public or private authorities; g) special measures for the protection of victims, complainants and witnesses; h) information regarding the private life and intimacy of citizens; i) commercial or industrial secrecy; j) artistic, literary and scientific property secrecy; k) information regarding criminal, disciplinary or any other proceeding, if the divulgation may prejudice the investigations or other principles recognized by the Constitution; l) research projects and scientific and technologic developments or reports finalized to research projects, whom secrecy is indispensable for the security of the State and the society. ARTIGO 21 (State secrecy) 1. For the purpose of the present law, the State secrecy concerns data, information, materials and documents, which are classified with a grade of security and need protection against the unauthorized divulgation, and whose knowledge by unauthorized people is a risk or may cause damages to the national independence, unity and integrity of the State, internal or external security, regardless of their form, nature, means of transmission. 2. May be submitted to State secrecy, as in the previous number, all data, information, document, materials concerning the matters which: a) are secretly transmitted by other states or international organizations; b) safeguard rights, freedoms, guaranties of the citizens; c) aim to prevent and ensure the functioning and the security of the personal, the equipment, the material, the installation of the Security and Defense Forces; d) may ease the practice of the crimes against the security of the State; e) guarantee the safeguard of the national sovereignty or the prosecution of its plans for their economic, commercial, industrial, environmental, scientific, technical, monetary, financial nature. 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. 4. The documents classified as State secrecy are exposed to protection against espionage, sabotage, leak. ARTIGO 22 (Judicial secrecy) The judicial secrecy is regulated by own law and aim at preserving the objectives of the good administration of justice and at safeguarding the private life. ARTIGO 23 (Professional secrecy) 1. Information covered by professional secrecy are confidential. 2. Public employees and every person who has access to classified information because of their professional activity, shall maintain the professional secrecy. ARTIGO 24 (Banking secrecy) 1. The disclosure, revelation, use of information acquired on duty and through the provision of services about facts or elements regarding the life of credit institutions and financial societies, or their relations with their clients, is forbidden. 2. Names of clients, accounts, movements, and other financial transactions are subject to banking secrecy above all. 3. Facts and elements regarding the relations between the client and credit institutions and financial societies can be disclosed with explicit permission of the client. ARTIGO 25 (Data held by authorities) Information concerning the privacy in the private life of an identified or identifiable natural person cannot be disclosed without the explicit permission of the client. ARTIGO 26 (Special measures for the protection of victims, complainants and witnesses) 1. Information about victims, complainants and witnesses is neither supplied nor published. 2. The measures for the protection of victims, complainants and witnesses respect: a) the confidentiality of the identity of the beneficiary: they refer to him during the proceeding with a codified designation (code name); b) the concealing of his image, the distortion of his voice or both if the beneficiary has to give statements or testify in a public proceeding or in a confrontation; c) use of teleconference, providing measures to avoid the identification of the beneficiary; d) the early production of evidences, if it is justified by the age of the person who has to give the statement or to testify, his health status, his imminent departure abroad or any other relevant reason. 3. The measures of the previous number cease if the situation is not risky or dangerous any more if the authority in charge decides that they are not necessary because of the lack of a reasons thereof. ARTIGO 27 (Information regarding the private life and intimacy of citizens) 1. Information about personality rights, who could namely damage the honor, the reputation or the publicity is neither supplied nor published. 2. Information about images regarding the private life may be disclosed with explicit permission of the person concerned. ARTIGO 28 (Commercial or industrial secrecy) 1. The access to information can be refused if it jeopardize secrets: commercial, industrial, regarding the internal life of the company. 2. By commercial or industrial secrecy is meant any information about the technique of manufacture, patents, commercial or marketing information and strategies, whose knowledge by the competitor may affect the productivity of the company. ARTIGO 29 (Copyright protection) Any use of information which violated the copyright, the artistic, literary and scientific property, is not permitted, as well as the reproduction, disclosure or use of the property and the information who may cause unfair competition. ARTIGO 30 (Access to classified documents) The access to classified documents is permitted within the deadline of the duration of the act of classification. ARTIGO 31 (Decision) The refusal to the disclosure, consultation, excerpt of documents shall be motivated according to the present law. ARTIGO 32 (Language) Every information is supplied in the official language, the divulgation can be in every national language. CAPITULO III Guarantees of legality ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. ARTIGO 35 (Opinion of the Commission for the Evaluation) 1. The decision of the hierarchical procedure should be previously submitted to the Commission for the Evaluation of the Documents of the region. 2. The Commission has 5 days to give its opinion. ARTIGO 36 (Judicial Appeal) The judicial appeal of the decision about the request of information, access to files, excerpt of documents is regulated by the rules of the administrative proceeding and shall be done through: a) action for annulent b) claim for information, access to files, excerpt of documents c) claim of the administrative authority in possession and in charge of the disclosure of information. CAPITULO IV Sanctions ARTIGO 37 (Violation of the Secrecy) 1. The violation of the professional secrecy is sanctioned according to the dispositions ruling the activities or the applicable labor law legislation. 2. The sanctions for the violation of the judicial secrecy are regulated by its own legislation. 3. The dispositions of the banking law applies to the violation of the banking secrecy. ARTIGO 38 (Violation of Human Dignity) Without prejudice to the civil liability, the sanctions for the crimes against the honor provided by the criminal law applies to the violation of personality rights . ARTIGO 39 (Violation of the State secrecy) 1. Without prejudice to the application of the disciplinary regulations, the violation of the State secrecy is punished according to the proper dispositions. 2. Without prejudice to the application of the sanctions as in the previous number, the entities who shall observe the State secrecy may use administrative measures to impede the access or the disclosure of confidential information. The citizen may appeal towards this measures. ARTIGO 40 (Violation of the industrial and intellectual property) Specific legislation applies to the disclosure and divulgation of information protected by industrial or intellectual property . ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. Right to Information Law Regulation ARTIGO 3 (Right to information) 2. For the purpose of the concretization of the principle of widest disclosure, whenever the private or public entity has not made the information spontaneously available yet or whenever the applicant considers it appropriate, the right to information include: g) access, visualization, hearing of magnetic or movie files, as well as the possibility to obtain copy, except when they are protected by copyright or in case of restrictions provided by the law. | Safeguard rights and freedoms (21(2)(b), 27), unity, social cohesion (4(1), 21(1)), professional secrecy (23), intellectual property (29) |
| Norway | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 6 | Chapter 3 - Exemptions from the right of access. Section 14. (Documents drawn up for an administrative agency’s internal preparation of a case (internal documents)). Section 24. (Exemptions in respect of regulatory or control measures, documents relating to offences and information liable to facilitate the commission of an offence, etc). Section 25. (Exemptions in respect of cases concerning appointments, etc.). Section 26. (Exemptions in respect of examination papers and grades, etc.) | |
| Pakistan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 7 Nothing contained in section 6 shall apply to the following record of all public bodies, namely:- (a)noting on the files, subject to a final decision by the public body; (b) minutes of meetings, subject to a final decision by the public body; (c) any intermediary opinion or recommendation, subject to a final decision by the public body; (d) record of the banking companies and financial institutions relating to the accounts of their customers; (e) record relating to defence forces, defence installations or connected therewith and ancillary to defence and national security excluding all commercial and welfare activities; (f) record declared as classified by the Minister-in-charge of the Federal Government: Provided that the Minister in-charge of the Federal Government shall have to record reasons as to why the harm from disclosure of information outweighs public interest and further that information pertaining to allegation of corruption and violation of human rights shall not be excluded; (g) record relating to the personal privacy of any individual; and (h) record of private documents furnished to a public body either on an express or implied condition that information contained in any such documents shall not be disclosed to a third party. 16 (1) Subject to the provisions of this Act,- (a) a public body shall not be required to disclose exempt information,- (i) provided that where only part of a record or the information falls within the scope of the exceptions provided for in this Act, that part shall be severed and the residual record or information shall be provided to the applicant; and (ii) if its disclosure is likely to cause damage to the interests of the Islamic Republic of Pakistan in the conduct of international relations. Explanation.- In this section, "international relations" means relations between Islamic Republic of Pakistan and- (A) the government of any other foreign State; and (B) organisation of which only States are members. (b) information may be exempt if its disclosure is likely to- (i) result in the commission of an offence; (ii) harm the detection, prevention, investigation or inquiry in a particular case; (iii) reveal the identity of a confidential source of information; (iv) facilitate an escape from legal custody; or (v) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system; (c) information is exempt if its disclosure under this Act would involve invasion of privacy of an identifiable individual, including a deceased individual, other than the applicant. This exception shall not apply where- (i) the third party has consented to the disclosure of the information; (ii) the person making the request is the guardian of the third party or the next of kin or the executor of the will of a deceased third party; or (iii) the third party is or was an official of a public body and the information relates to his functions as a public official; (d) information is exempt if and so long as its disclosure is likely to cause- (i) damage to the economy as a result of premature disclosure of a proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; (ii) damage to the financial interests of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for acquisition or disposal of property or supply of goods or services; or (iii) damage to lawful commercial activities of the public body; (e) information may be exempt if its disclosure is likely to cause serious prejudice to the- (i) defence or security of Pakistan; or (ii) the capability, effectiveness of armed forces of Pakistan or other law enforcement agencies; (f) information may be exempt if its disclosure is likely to endanger life, liberty, health or safety of any individual; (g) information may be exempt if- (i) the information was obtained from a third party and on its communication it would constitute an actionable breach of confidence; or (ii) the information was obtained in confidence from a third party and it contains a trade secret or if communicated it may prejudice the commercial or financial interests of that third party; (h) information may be exempt if it is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it; (i) information may be exempt lf its disclosure is likely to- (i) cause prejudice to the effective formulation or development of government policy; (ii) frustrate the success of a policy, by premature disclosure of that policy; (iii) undermine the deliberative process in a public body by inhibiting the free and frank provision of advice or exchange of views; (iv) undermines the effectiveness of a testing or auditing procedure used by a public body; (v) prejudice the proceedings in a court or a tribunal; and (vi) disclose privileged information shared between counsel and the client; (j) information in respect of a crime may not be exempt, except the information relating; to- (i) the prevention or detection of crime; (ii) the apprehension or prosecution of offenders; (iii) the administration of justice; (iv) the operation of the immigration controls excluding exit control list (ECL); (v) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained; and (vi) any civil proceedings which are brought by or on behalf of a public body or arise out of an investigation conducted; (k) the exemptions set out in section 16 shall cease to apply after every twenty years and that record of public bodies shall be made public. | Notings on files, minutes of meetings, intermediary opinion (2 points), declared confidential by Minister-in-charge, providing on condition of confidentality |
| Portugal | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Art. 6 " 1. Documents which contain information, knowledge of which is deemed capable of endangering or damaging the internal and external security of the State, shall be subject to prohibited access or access with authorisation, for such time as is strictly necessary, by means of their classification as such in accordance with specific legislation. 2. Access to documents concerning the confidentiality of legal proceedings shall be governed by specific legislation. 3. Access to administrative documents which are preparatory to a decision or which are included in incomplete files may be delayed until the decision in question is taken, the file is archived, or one year has passed since they were drawn up. 4. Access to inquiries and investigations shall occur after the time period for any disciplinary proceedings has passed. 5. Third parties shall only possess the right of access to nominative documents if they are in possession of written authorisation from the person to whom the data refer, or if they demonstrate a direct, personal and legitimate interest which is sufficiently important under the principle of proportionality. 6. Third parties shall only possess the right of access to administrative documents which contain commercial or industrial secrets or the internal life of a company, if they are in possession of written authorisation from the company in question, or if they demonstrate a direct, personal and legitimate interest which is sufficiently important under the principle of proportionality. 7. Administrative documents which are subject to restricted access shall be the object of partial communication whenever it is possible to expunge the information concerning the reserved matter." | |
| Qatar | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | مادة(17) يرفض طلب الحصول على المعلومات ، في الحاالت التالية: (5) الحاالت الضرورية التي تحول دون إجابة الطلب . مادة 20: مع عدم الإخلال بالأحكام المنصوص عليها في أي قـانون آخر، لا يجوز الإفصاح عن المعلومات المتعلقة بما يلي (1) معلومات التي من شأن الحصول أو الاطلاع عليها الإضرار بأمن واقتصاد الدولة، أو مصلحتها العامة، أو بعلاقاتها الدولية. (2) المعلومات التي تمس حرمة الحياة الخاصة. (3) لمعلومات التي لا يجوز الإفصاح عنها بموجب اتفاق بـين الجهة المعنية وبين الغير، أو التي تحتوي على أسرار تجارية أو مهنية لطرف آخر. (4) المعلومات التي تتعلق بسياسات أو قـرارات أو تجـارب أو اختبارات في مرحلة التحضير والإعداد. (5) المعلومات التي من شأن الإفصاح عنها الإضرار بسير التحقيقات أو إعاقة ملاحقة الجناة أو القبض عليهم أو تعريض حياة الأشخاص أو أمنهم للخطر. (6) المعلومات والملفات الشخصية والمتعلقة بسجلات الأشخاص التعليمية أو الطبية أو السجلات الوظيفية أو الحسابات أو التحويلات المصرفية. (7) المعلومات التي من شأن الإفصاح عنها الإخلال بحقوق الملكية الفكرية أو المنافسة العادلة. (8) المعلومات السرية بطبيعتها أو المحمية أو غير المُصرح بالإفصاح عنها، بموجب القوانين السارية في الدولة Article (17): A request to obtain information will be rejected in the following cases: (5) Necessary circumstances that prevent the request from being answered. 20. Without prejudice to the provisions stipulated in any other law, information related to the following may not be disclosed: (1) Information that obtaining or accessing would harm the security and economy of the state, its public interest, or its international relations. (2) Information that affects the sanctity of private life. (3) Information that may not be disclosed under an agreement between the concerned party and a third party, or that contains commercial or professional secrets of another party. (4) Information related to policies, decisions, experiments or tests in the preparation stage. (5) Information whose disclosure would harm the conduct of investigations, hinder the prosecution or arrest of perpetrators, or expose people’s lives or security to danger. (6) Personal information and files related to people’s educational or medical records, employment records, accounts, or bank transfers. (7) Information whose disclosure would violate intellectual property rights or fair competition. (8) Information that is confidential in nature, protected, or not authorized to be disclosed under the laws in force in the country |
Necessary circumstances (17(5)) is illegitimate, and the economy of the State (20(1), Public interest (20(1)) and unfinalised policies, decisions and experiments (20(4)) are overbroad. 20(6) is unnecessary since privacy is already covered under 20(2) but no point deducted for that. |
| Saudi Arabia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 7.1 The following information should be considered as protected, and should not be disclosed: 1. Information that, if disclosed, may harm the Kingdom of Saudi Arabia's national security, policies, interests or rights; 2. Military and security information; 3. Documents and information obtained in agreement with another state and classified as protected; 4. Inquiries, investigations, checks, inspections and monitoring in respect of a crime or violation; 5. Information that include recommendations, suggestions or consultations for issuing governmental legislation or decision not issued yet; 6. Commercial, industrial, financial or economic information that, if disclosed, may result in gaining profits or avoiding losses in an illegitimate manner; 7. Scientific or technological searches or rights included intellectual property right that, if disclosed, may result in infringement of incorporeal right; 8. Tender and bidding Information that, if disclosed, may give rise to violation of fair competition; 9. Information and the like, which are protected, confidential or personal under another law, or require certain legal action to be accessed or obtained. 7.4(2) The public entity shall establish an organizational unit linked to the data management offices that have been established across public entities under the Royal Decree No. 59766 dated 20/11/1439 AH, and shall assign them the responsibility to develop, document and monitor the implementation of policies and procedures approved by the top management across these entities and related to the right to access public information. The functions and responsibilities of that unit shall include development of appropriate standards to determine levels of data classification in case of their absence – according to the Data Classification Interim Regulations – and using them as a main reference while processing requests for access to public information. 7.6 Seventh The public entities shall have the right to set additional rules for handling requests related to specific types of public information according to their nature and sensitivity after coordination with NDMO. | The exception for information that requires "legal action" to be accessed or obtained is illegitimate. The exceptions for information that may harm the interests/rights of Saudi Arabia and "scientific or technological searches" are too broad. Furthermore, 7.4(2) appears to suggest that each public entity's dedicated units for handling RTI can develop data classification standards and rely on those to ascertain whether acess requests can be granted, which would be another illegitimate exception. |
| Sierra Leone | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 14. (1) The duty to disclose information shall not apply if, or to the extent that, compliance with section 2 would involve the disclosure of any information which is reasonably accessible to the applicant. (b) information is reasonably accessible if it is information which the public authority or any other person is bound by law to communicate; 19. The duty to disclose information shall not apply if, or to the extent that, compliance with section 2 would, in relation to information obtained by the public authority from a third party, would or could reasonably be expected to constitute a breach of confidence actionable by that third party. 20. The duty to disclose information shall not apply if, or to the extent that, compliance with section 2 would involve a breach of the rules governing legally privileged information. 25. The duty to disclose information shall not apply if the informationrequestedrelatestoanymatterconcerningthetraditional rites or customary usages of a group of people in Sierra Leone. | 14 is problematic since it does not require that the information has actually been published. 19 is overbroad in that it is not limited to privacy or legitimate commercial harms to third parties. 20 is overbroad in that it is not limited to solicitor-client privilege. 25 is not one of the enumerated legitimate categories. |
| Thailand | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 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;(...) (6) an official information protected by law against disclosure or an information given by a person and intended to be kept undisclosed; (7) other cases as prescribed in the Royal Decree. An order prohibiting the disclosure of official information may be issued subject to any condition whatsoever, but there shall also be stated therein the type of information and the reasons for non-disclosure. It shall be deemed that the issuance of an order disclosing official information is the exclusive discretion of State officials in consecutive levels of command; provided that, a person who makes a request for the information may appeal to the Information Disclosure Tribunal as provided in this Act." Section 11. "If any person making a request for any official information other than the official information already published in the Government Gazette or already made available for public inspection or already made available for public studies under section 26 and such request makes a reasonably apprehensible mention of the intended information, the responsible State agency shall provide it to such person within a reasonable period of time, unless the request is made for an excessive amount or frequently without resonable cause.(...)" | Section 15 (6) deduct 1 for information that may harm the royal institution, 1 for official information which the provider do not wish state officials to disclose to others. Section 15 (7) deduct 1 for other cases stipulated in a royal decree, one for 11(1) which allows requests to be rejected if they are for an excessive amount of information |
| United Kingdom | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Part II, Sections 21 to 44. | Article 23 related to the bodies which deals with security matters does not fit with any of the exceptions listed and under my opinion, is intended to be misused in order to protect all kind of information relating the security of the state. I consider that this provision is more broadly framed. Article 28, that excludes the relations between the administrations in the UK, under my consideration, falls outside of the list. Article 34 about Parliamentary privilege, falls outside the list too. Article 36, about Prejudice to effective conduct of public affairs, is more broadly framed. |
| Uzbekistan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 4(2) Access to information shall be limited only in accordance with the legislation and with the purpose of protection of human rights and freedoms; foundations of the constitutional order; moral values of the society; intellectual, cultural, and scientific potentials; and security of the State. 10(1) Providing of information applied for may be denied, in the instance if it is confidential or if, due to its disclosure, rights and legitimate interests of an individual, or interests of society and the State may be infringed. 13(2) Information on personal data of physical persons shall be confidential. | Excessive restrictions include "human rights and freedoms" and "rights and legitimate interests"; "foundations of the constitutional order"; "moral values of the society" and "interests of society and the State; "intellectual, cultural, and scientific potentials" |
| Vanuatu | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 4 Application of this Act (1) This Act does not apply to: (a) any information held by the system of custom, traditions and practices generally practiced throughout Vanuatu (c) any information which for the purposes of journalism, art or literature is held by a publically owned media body in relation to its program content. 22 Deferral of access (1) A Right to Information Officer may defer a grant of access to the information requested in the following circumstances: (d) if the premature release of the record would be contrary to the public interest - the Right to Information Officer must defer a grant of access to information until the occurrence of any event after which or the expiration of any period beyond which, the release of the document would not be contrary to the public interest. 85. Protection against liability for defamation, breach of confidence or copyright This Act is not to be construed as authorizing the disclosure of any information: (a) containing any defamatory matter; or (b) the disclosure of which would be in breach of confidence or of copyright. See also ss. 42-50. | Unclear what "the system of custom, traditions and practices" refers to. An exception for journalistic information may be legitimate, but it's difficult to justify extending the same protection to any artistic or literary information. Though s. 85 is designed as a protection from liability, it could also function as additional exceptions for defamation and copyright. |
| Vietnam | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Article 6(2): Information which, if published, can cause harm to state interests, cause bad effect to national defense, national security, international relationship, social order and safety, social ethics, social health; likely to cause serious damage to lives, life and property of individuals; information classified as work secrecy, information about internal meetings of state agencies, documents created by state agencies for internal works. Article 7(1): Information related to business confidentiality shall only be accessible upon consent of the business owner. (2) Information related to privacy, individuals’ secret shall only be accessible upon consent of such person, information with regard to family’s secret shall only be accessible upon consent of each member of the family. See also Articles 3(5). | Problematical ones: social ethics; information classified as work secrecy; information about internal meetings of state agencies; documents created by state agencies for internal works |
| Azerbaijan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 2.4-1. Access to information is allowed on the condition that it protects the interests of the Republic of Azerbaijan in the political, economic, military, financial-credit and monetary policy, protection of public order, health and morality, protection of rights and freedoms of others, commercial and other economic interests. not to contradict the purposes of ensuring the reputation and impartiality of the court, the normal course of the criminal investigation. 4.2. This Law does not apply to:...4.2.3. Proposals, applications and complaints regulated by the Law of the Republic of Azerbaijan "On Citizens' Appeals"; 10.4. Information owner:...10.4.8. not to provide untrue, incomplete or inaccurate information, and to check the accuracy and reliability of the information in case of doubt. 34.4. State secrets, professional (doctor, lawyer, notary), commercial, investigative and judicial secrets, which are restricted in order to protect the legitimate interests of citizens, departments, enterprises and organizations and other legal entities, regardless of the type of property, are confidential. Personal information is divided into confidential and public categories according to the type of access. Article 35. Grounds for considering information intended for official use 35.1. The owner of the information may consider the information intended for service use by restricting access to the information. 35.2. The owner of the information must consider the following information intended for service use within the period specified in this Law: 35.2.1. until the information collected on the criminal case or administrative offense case is submitted to the court or a decision is made to terminate the proceedings; 35.2.2. information collected in the course of state control until a decision is made on that issue; 35.2.3. until an agreement is reached on the completion of the information process, the early disclosure of which prevents or may impede the formation, development and successful completion of public policy; 35.2.4. information whose premature disclosure by a public authority will pose a serious threat or potential threat to the effectiveness of testing or financial audit - until the end of the test or financial audit; 35.2.5. information, the early disclosure of which will or may disrupt the exchange of views, the consultation process in the state body - until a final decision is made; 35.2.6. until the completion of a specific operation related to economic, monetary or financial activities, the disclosure of which may adversely affect the implementation of economic, monetary or financial policy of the state body; 35.2.7. information that will impede or may impede the administration of justice - until a court decision is made; 35.2.8. documents received from foreign countries or international organizations until mutual consent is obtained for the disclosure of the document; 35.2.9. information that may or may not pose a threat to the environment, damage or potentially damage components of the environment - until the causes of this threat are eliminated; 35.2.10. if disclosure harms the legitimate interests of the owner of the information, or if the contract concluded with private legal entities performing public functions stipulates that the information is intended for official use - information on technical solutions. 35.3. The owners of the information may, if they justify it, consider the following information intended for use of the service: 35.3.1. draft orders, decrees and decisions of the owners of information provided for in Article 9.1 of this Law - until the orders, decrees and decisions are submitted for adoption; 35.3.2. acts of legal entities specified in Article 9.3 of this Law on performance of duties provided for in Articles 9.3.1 and 9.3.2 of this Law and documents related to them - until these acts are adopted or signed. 35.4. The information provided for in Article 35.2 of this Law may be intended for official use only if the damage caused by the dissemination of information exceeds the public interest in that information. Article 37. Restrictions on the consideration of information as intended for official use 37.1. Holders of information specified in Article 9.1 of this Law may not consider the following information intended for service use: 37.1.1. results of public opinion polls; 37.1.2. generalized statistics; 37.1.3. economic and social forecasts; 37.1.4. on emergencies, natural disasters and accidents endangering the life and health of citizens; 37.1.5. on the state of ecology, health, demography, education, culture, economy, including transport and agriculture, as well as crime; 37.1.6. reports on the activities of the owner of information, as well as on the quality of performance of duties and shortcomings; 37.1.7. on privileges, privileges and compensations provided by the state to citizens, officials, legal entities regardless of the type of property; 37.1.8. On the health status of the highest officials of the Republic of Azerbaijan; 37.1.9. facts of violation of the law by state authorities and their officials; 37.1.10. on the tarnishing of the business reputation of civil and municipal servants, as well as legal (including public legal) and individuals performing public functions, with the exception of personal data; 37.1.11. on vacancies in state bodies and municipalities; 37.1.12. on the use of budget funds and the economic situation in the country; 37.1.13. job descriptions of employees working in state bodies and municipalities; 37.1.14. on precious metal and foreign exchange reserves of the state; 37.1.15. normative legal acts; 37.1.16. Minutes and transcripts of open sessions of the Milli Majlis of the Republic of Azerbaijan; 37.1.17. court decisions that have entered into force; 37.1.18. list of information constituting a state secret; 37.1.19. about grants; 37.1.20. on the property and property obligations of the owner of the information; 37.1.21. orders, directives and decisions adopted in the course of state control or discipline; 37.1.22. on the quality of goods and services in connection with the protection of the legitimate interests of consumers; 37.1.23. on the results of research and analysis conducted or commissioned by state bodies and municipalities, if the disclosure of information does not harm the defense and security of the state; 37.1.24. changes that have occurred or may occur in the components of the environment as a result of activities that affect or may affect the environment, human health, their assessment, measures and expenditures aimed at the protection and efficient use of the environment; 37.1.25. internal documents not registered in the register - congratulatory letters, guarantees, memoranda, programs of public events, various statistical reports. 37.2. Legal entities specified in Article 9.3.1 of this Law shall provide information on terms and prices of goods and services, changes in those conditions and prices, and legal entities and individuals specified in Article 9.3.2 of this Law shall receive information from the state or municipal budget and or they may not restrict the use of property allocated to them for service use. Article 38. Personal information 38.1. By restricting access, personal data may be considered intended for use by the Service. 38.2. Personal information is a collection of information about personal and family life. Information on personal life, the access to which is restricted, is as follows: 38.2.1. information reflecting political views, religious beliefs, convictions and worldviews in private legal entities registered in accordance with the law, except for information on membership; 38.2.2. information on ethnic origin or racial affiliation; 38.2.3. information collected in the course of criminal or other offense proceedings prior to a public hearing or a court decision on the offense, or to the protection of human morality, protection of private and family life, the interests of minors, victims or witnesses, or the administration of justice. in cases required for holding; 38.2.3-1. information on the person's conviction; 38.2.4. health information; 38.2.5. information on personal characteristics, abilities and other features of personalities; 38.2.6. information on applications for social assistance and social services; 38.2.7. information on mental and physical suffering; 38.2.7-1. information on the commission of domestic violence against a person; 38.2.8. information related to taxation, except for debts on tax payments; 38.2.9. information on financial transactions. 38.3. Information on family life, the access to which is restricted, is as follows: 38.3.1. information about sexual life; 38.3.2. information on registration of civil status acts; 38.3.3. information on various aspects of family life; 38.3.4. adoption information. 38.4. Restrictions on access to the personal data specified in this Article shall be imposed from the date of their receipt or documentation. 38.5. The owner of the information is obliged to provide individuals with personal information about themselves on the basis of requests of individuals, except in the following cases: 38.5.1. if the acquaintance of the minor with the information violates the secret of its origin; 38.5.2. if the acquisition of information impedes the prevention of the crime, the apprehension of the offender or the determination of the truth in the criminal case; 38.5.3. if the protection of the rights and freedoms of other persons requires non-disclosure of information; 38.5.4. if the information was collected for the sake of state security. 38.6. The following persons have the right to access or obtain the personal information specified in this article: 38.6.1. parents or guardians - with information about minors; 38.6.2. guardians - with information on physically disabled persons with physical disabilities; 38.6.3. information on the performance of official duties of civil and municipal servants; 38.6.4. those who are allowed to work with personal data - only with the information specified in this permission; 38.6.5. employees and entrepreneurs of private legal entities providing services in the field of education, culture, health and social services on the basis of normative legal acts or on a contractual basis only with information to the extent necessary for the provision of these services; 38.6.6. individuals - with information about themselves; 38.7. The owner of the information must keep a record of the persons who received the personal information, indicating the purpose, time and method of getting acquainted with the information or obtaining it. | Article 2.4.1 totally reverses the whole presumption of openness established by the Law. Article 4.2.3 also excludes proposals and complaints regulated by the Law on Appeals. Article 10.4.8 only allows the release of accurate information. While not technically an exception, it is still problematical. There is an unhelpfully vague list of areas of exception in Article 34.4. Problematical exceptions in Article 35: 35.2.2 - "State control"; 35.2.6 - "economic, monetary or financial" (too broad); 3.2.10 - "legitimate interests of the owner"; 35.3.1 - "draft orders, decrees and decisions"; 35.3.2 "acts of legal entiti4es specified in Article 9.3 ... until those acts are adopted". Long list of exceptions to exceptions in Article 37 but this does not alleviate the problems. Articles 38.2 and 3 have a long list of examples, respectively, of exceptions for private life and family life which are not very helpful since they leave out some issues. |
| Fiji | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | Article 19(1) A public agency may refuse a request if the public agency is satisfied that - [...] (b) the work involved in processing the request would substantially and unreasonably divert the resources of the public agency from its other operations. Article 20. Notwithstanding anything contained in this Act, the following information is exempt from disclosure and any request made under section 6 for such information must be refused by the Commission - (a) information, the disclosure of which would adversely affect the sovereignty, security or scientific or economic interests of the State; (b) information, the disclosure of which would lead to the incitement or commission of an offence; (c) information expressly forbidden to be published by any court of law or tribunal or which would constitute a contempt of court; (d) information, the disclosure of which would cause a breach of the privileges of Parliament or a committee or subcommittee of Parliament; (e) information that is subject to legal professional privilege; (f) information available to a person in the exercise of the person’s fiduciary duty, unless the Commission is satisfied that the disclosure of such information is in the public interest; (g) information received in confidence from a foreign government or an international organisation; (h) information, the disclosure of which would endanger the life or safety of any person or identify the source of information or assistance given in confidence for the purposes of law enforcement or security; (i) information which would impede the process of investigation, apprehension or prosecution of an alleged offender; (j) Cabinet documents, including records of deliberations of meetings or decisions of Cabinet; (k) information which relates to personal information, the disclosure of which has no relationship to or does not affect any public activity or interest, or which would cause the unwarranted invasion of privacy of the person, unless the Commission is satisfied that the disclosure of such information is in the public interest; (l) information which is classified by Cabinet as an official or State secret and certified in writing by the Secretary to Cabinet; (m) information, the disclosure of which would endanger or harm any protected site or the environment; (n) a trade secret, business know-how, commercially sensitive information and proprietary information relating to the intellectual property of a business; and (o) any other information, the disclosure of which, the Commission deems is not in the public interest. | Too much work; scientific or economic interests; privileges of Parliament; classified by Cabinet; not in the public interest. |
| Germany | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | Section 3. The entitlement to access to information shall not apply (1) where disclosure of the information may have detrimental effects on (a) international relations, (b) military and other security-critical interests of the Federal Armed Forces, (c) internal or external security interests, (d) monitoring or supervisory tasks of the financial, competition and regulatory authorities, (e) matters of external financial control, (f) measures to prevent illicit foreign trade, (g) the course of current judicial proceedings, a person's entitlement to a fair trial or the pursuit of investigations into criminal, administrative or disciplinary offences, (2) where disclosure of the information may endanger public safety, (3) where and for as long as . (a) the necessary confidentiality of international negotiations or (b) consultations between authorities are compromised, (4) where the information is subject to an obligation to observe secrecy or confidentiality by virtue of a statutory regulation or the general administrative regulation on the material and organisational protection of classified information, or where the information is subject to professional or special official secrecy, (5) with regard to information obtained on a temporary basis from another public body which is not intended to form part of the authority's own files, (6) where disclosure of the information would be capable of compromising fiscal interests of the Federal Government in trade and commerce or economic interests of the social insurance institutions, (7) in the case of information obtained or transferred in confidence, where the third party's interest in confidential treatment still applies at the time of the application for access to the information, (8) with regard to the intelligence services and the authorities and other public bodies of the Federal Government, where these perform duties pursuant to Section 10, no. 3 of the Security Clearance Check Act. Section 4(1) Applications for access to information should be rejected for drafts relating to rulings and studies and decisions relating directly to the preparation of rulings, insofar as and for as long as premature disclosure of the information would obstruct the success of the ruling or impending official measures. Routine results of the taking and hearing of evidence and expert opinions or statements from third parties shall not be deemed to relate directly to the preparation of rulings pursuant to sentence 1. (2) The applicant should be notified of the conclusion of the proceedings concerned. Section 5(1) Access to personal data may only be granted where the applicant's interest in obtaining the information outweighs the third party's interests warranting exclusion of access to the information or where the third party has provided his or her consent. Special types of personal data within the meaning of Section 3(9) of the Federal Data Protection Act (BDSG) may only be transferred subject to the express consent of the third party concerned. (2) The applicant's interest in accessing information shall not predominate in the case of information from records relating to the third party's service or official capacity or a mandate held by the third party or in the case of information which is subject to professional or official secrecy. (3) The applicant's interest in accessing information shall generally outweigh the third party's interests warranting exclusion of access to the information where the information is limited to the third party's name, title, university degree, designation of profession and function, official address and official telecommunications number and the third party has submitted a statement in proceedings in the capacity of a consultant or expert or in a comparable capacity. (4) Names, titles, university degrees, designations of professions and functions, official addresses and official telecommunications numbers of desk officers shall not be excluded from the scope of access to information where they are an expression and consequence of official activities and no exceptional circumstances apply. Section 6. No entitlement to access to information shall apply where such access compromises the protection of intellectual property. Access to business or trade secrets may only be granted subject to the data subject's consent. | Non permissible exceptions include protection of "temporary" information (Section 3(5)), over-broad protection of decision making (Section 4) and intellectual property (Section 6); also info obtained in confidence (3(7)) and the exclusion of the intelligence services and other bodies in Section 3(8). |
| Iran | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | Article 3. Every person can prevent the publication or distribution of the information which is produced by him/herself, in case it has been altered through the process of publication, on condition that this information has not been collected and prepared as the result of someone else's order. If so, the [process] must follow the terms of the contract between them. Article 4. Compulsing people who prepare and publish information to disclose their sources is prohibited, unless competent judicial authority authorizes. This however does not override the responsibility of the preparers and publishers of information. Article 13. In case the requester requests classified information and documents (State secrets), public bodies shall refrain provision of it. Access to classified information shall be subjected to specific laws and regulation. Article 17. Institution that fall under the purview of this law shall refrain from providing the requested information if providing information will impose hardship on the following items: (A) Security and public welfare. [...] (D) Overseeing immigration to the country. | |
| Israel | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 8. A public authority is entitled to reject a request for information in any of the following cases: (1) Fulfilling the request requires an unreasonable allocation of resources; (2) The information was created or obtained by the public authority more than seven years before the request was filed, and locating the information is materially difficult; [...] 9(2) A public authority is not obliged to provide information in any of the following categories: (1) Information, the disclosure of which is liable to disrupt the proper functioning of the public authority, or its ability to carry out its duties; (2) Information concerning policy still being formed; (3) Information concerning negotiations with a concern or person outside the authority; (4) Information concerning internal discussions; notes of internal consultations between public authority employees, members, or advisors; words spoken in the course of an internal inquiry; opinions, drafts, advice, and recommendations given for purposes of decision-making, except for consultations established by law; (5) Information concerning internal management of the public authority, which does not concern the public, and is not importance to it; (6) Information to which commercial or professional confidentiality applies, or which has economic value, when the publication of the information is liable to cause real harm to its value; information concerning commercial or professional matters linked with a person's business, the disclosure of which is liable to cause real harm to his professional, commercial, or economic interests, except for information that is (a) information about materials emitted, spilled, removed, or discharged into the environment, or (b) results of noise, odour, or radioactive measurements not conducted on private property. (7) Information obtained by the public authority on condition of confidentiality, or that the disclosure of which is liable to jeopardize the obtaining of further information; (8) Information concerning the work methods and procedures of a public authority engaged in enforcing the law, or which has legal authority to investigate, supervise, or clarify complaints, if disclosure of the information is liable to (a) harm action to enforce, supervise, or clarify complaints made to the authority, or (b) harm investigative or legal processes, or the right of a person to a fair trial, or (c) cause the disclosure, or possibly lead to the disclosure, of the existence or identity of a confidential information source; (9) Information concerning the disciplinary affairs of a public authority employee, excepting information involving public processes stipulated by law; for purposes of this paragraph, "employee" includes a soldier, policeman, prison guard, or jobholder in the public authority; (10) Information, the disclosure of which will affect the privacy of a deceased person. 14(2) The Minister of Justice is entitled, in consultation with the minister involved in the matter, and with the approval of the Knesset Constitution, Law, and Justice Committee or its subcommittee, to issue an order adding an agency or topic to the list of agencies in sub-section (A); the validity of this order shall be for a period to be determined, which shall not exceed six months, unless the order was previously canceled; if the order specifies a period of less than six months, the Minister of Justice is entitled to extend the order, provided that the total period does not exceed six months. (3) The Minister of Justice is entitled, with the approval of the Knesset Constitution, Law, and Justice Committee, to determine by order that this law shall not apply to a corporation, as delineated in sub-paragraphs (7) and (8) of the definition of a public authority in this section, while taking due notice of the degree of harm liable to be caused to the economic or business activity of the corporation; such an order shall be given for a corporation controlled by a local authority, following consultation with the Minister of the Interior, or for another corporation, after consultation with the minister responsible for the law under which the corporation was founded. 15(2) The joint committee is entitled to determine that an order approved by it under Sections 9 or 14 shall not be published in the Official Gazette of the Israeli government, either all or in part. | 8(a) - Unreasonable allocation of resources. 8(b) - Locating the material is too difficult. 9(b) - info that will disrupt function of the authority (these three together cost a point for being overly broad - any one would suffice). 9(b)(3) - Negotiations with a person outside the authority (also too broad). Internal management issues of the authority which don\'t concern the public. 14(b) - any other agency the Minister of Justice decides to exempt. 14(c) - any corporation excluded by the minister of justice. 15(b) - Joint committee decisions regarding what information is to be excluded. |
| Kosovo | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 2(5) The provisions of this Law shall not apply: (5.1) to information classified, produced and maintained by international organizations or missions of other states; and (5.2) to the information classified by public institutions, originating or exchanged on the basis of a framework of cooperation with international organizations or other states. 17(2) Limitation of the right of access to public documents shall be exercised in accordance with the principle of proportionality pursuant to the applicable Law on General Administrative Procedure in accordance with this Law and only for the purpose of protection of: (2.1) life, health and public security; (2.2) national security, defense and international relations; (2.3) prevention, investigation and persecution of criminal activities in cases where the publication of public documents may damage the investigation process; (2.4) disciplinary investigations in cases when the publication of public documents may damage the disciplinary procedure; (2.5) inspection, control and supervision by public institutions in cases of handling classified information; (2.6) right to privacy and Right to erasure (‘right to be forgotten’); (2.7) commercial confidentiality such as business, professional or company secrets; (2.8) documents for which the public institution or third parties hold intellectual property rights; (2.9) state economic, monetary and exchange policies; (2.10) statistical confidentiality; (2.11) equality of parties in court procedure and efficient administration of justice; (2.12) the deliberations within or between the public institutions concerning the examination of an issue, which contains classified document. | Illegitimate exceptions include information produced or classified by international organizations or missions of other states, statistical confidentiality, the IP of public actors and the 'efficient' administration of justice. Vague exceptions include public security; inspection, control and supervision in cases of handling classified information; and deliberations between public institutions concerning classified documents. |
| San Marino | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 1(5). The provisions of this Act shall not apply: a) to jurisdictional proceedings; b) acts of a non-authoritative nature, for which the rules of private law apply; c) acts resulting from particular procedures regulated by special laws; d) regulatory acts; e) acts of political content; f) acts of general content, planning and programming. 30. 1. Access is excluded for all acts and documents expressly declared confidential by law. 2. Access shall be limited, deferred, or denied if it would cause prejudice: a) to the exercise of sovereignty and the national defense of the Republic; b) to the foreign policy or international relations of the Republic; c) to State security, public order and public safety, or the safety of persons; e) to the prevention of crimes and investigation activities for the detection and suppression of criminal, administrative, fiscal, customs or currency offences, or in any case deriving from the violation of laws or regulations; f) to the economic and financial policy of the Republic; g) to the performance of all inspection, control and supervisory activities. 3. Access is also limited, deferred, or denied: a) if it may cause the disclosure of information freely provided by a third party to an authority that is bound to secrecy; b) if it may result in the disclosure of professional secrets, or secrets relating to trade or industry; c) if it may affect the privacy of others. 4. Only those directly involved can gain access: a) to documents relating to persons containing data and information of a confidential nature, such as personal data revealing racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, associations or organizations of a religious, philosophical or political nature; b) to documents containing personal data that can reveal one’s state of health or, in any case, data or information of a healthcare nature; c) to documents containing personal data revealing sex life or confidential family relationships; d) to administrative documents relating to personnel-selection procedures containing information of a psycho-aptitude nature. 5. The right of access to health records shall be enjoyed by both the individuals concerned and, at their option, the physician(s) designated for that purpose. 6. When the request for access concerns a document that contains mentions or information that are not accessible pursuant to this article, but that it is possible to redact or delete, consultation shall be permitted once the mentioning or information has been redacted or deleted. 7. In any case, the specific provisions of the law in force that limit access to administrative documents remain valid . 8. The limitations referred to in the present article cease once the documents have become consultable in accordance with the norms on the consultability of documents stored in the State Archives. | 1 point deducted for each of the following: the exclusion of "acts of a non-authoritative nature, for which the rules of private law apply" (1(5)b); the exclusion of "acts of political content"(1(5)(e)); the exclusion of "acts of general content, planning and programming" (1(5)(f)); the exception for "foreign policy" (30(2)(b)) because it should not extend beyond international relations; the exception for "economic and financial policy" (30(2)(f)), which appears broader than permissible exceptions for managing the economy, such as through setting interest rates. Although illegitimate, no further points were deducted for the following exceptions, which appear to have already been accounted for in Indicator 28: the exclusion of all documents declared confidential by law (30(1)) the limitation, deferral or denial of access "if it may cause the disclosure of information freely provided by a third party to an authority that is bound to secrecy" (30(3)(a)); the reference to "the specific provisions of the law in force that limit access to administrative documents remain valid" (30(7)), which potentially allows for other categories to be excluded. |
| Zimbabwe | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 2 “trade secret” means information, including a formula, pattern, compilation, programme, device, product, method, technique or process, that is used, or may be used, in business or for any commercial advantage and— (a) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (b) is the subject of reasonable efforts to prevent it from becoming generally known; and (c) the disclosure of which would result in harm or improper benefit.; 6 This Act does not apply to information relating to— (a) deliberations or functions of the Cabinet and its committees; (b) information protected from disclosure in victim friendly courts.; 15, 20-34 (too long to paste here but refer to legislation for detail) | Definition of trade secret does not require effort to have been put into creating it which is normally the case; s. 6 excludes Cabinet and certain court protected information; s. 15 creates unnecessary procedure for refusing to provide health information (already protected by privacy); State economic interests too broad, including list (s. 28); operations of public bodies and draft documents too broad and some do not include a harm test (s. 30); work in responding to request too much (s. 31) |
| Burkina Faso | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | Exceptions are in Articles 10, 31, 32, 36-39, 41, 47-50. Problematical provisions: Article 31(2) : Sont exclues des informations couvertes par le droit d’accès: a. a. Les informations relatives : - à la défense nationale ; - à la sûreté de l’Etat ; - à la sécurité des personnes ; - aux libertés et aux droits fondamentaux énoncés par la Constitution ; - aux délibérations du Conseil des ministres à propos des exceptions citées ci-dessus. Article 32 : Les informations ou les documents administratifs qui ne peuvent être immédiatement communiqués au public en raison de leur nature ou de leur objet font l’objet de classification pendant une durée déterminée. Article 41 : Le service chargé de l’accès à l’information et aux documents peut restreindre ou interdire, après avis de l’Autorité nationale d’accès à l’information publique, la communication aux particuliers de tout document, quelle qu’en soit la date, lorsque cette communication est de nature à porter atteinte à la sûreté de l’Etat, à l’honneur ou à la vie privée. Article 47 : 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. Article 48 : Sous réserve des dispositions des articles 35 et 40 ci-dessus, ne peuvent être consultés ou communiqués, les informations ou documents administratifs qui concernent les activités relevant des pouvoirs régaliens de l’Etat et mettent en jeu l’intérêt général. Sont concernés : - les délibérations du gouvernement et des autres autorités relevant du pouvoir exécutif | |
| Cape Verde | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 2(3)(b)-(e), 3(2)(b)-(c), 10, 11(3)(a), (c) | notary and registration documents (2(3)(c)), professional secrecy (2(3)(d)), asset declarations (2(3)(e)), documents relating to meetings of the Council of Ministers (3(2)(b)), abusive requests (11(3)(a)), information provided voluntarily (11(3)(c)(vi)) |
| Ethiopia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 2(8) "Personal Information" means information about an identifiable individual, including, but not limited to a) information relating to the medical, educational or the academic, employment, professional or criminal history, of the individual or information relating to financial transactions in which the individual has been involved; b) information relating to the ethnic, national or social origin, age, pregnancy, marital status colour, sexual orientation, physical or mental health, well-being, disability, religion, belief, conscience, culture, language or birth of the individual;" 18(1)(a) the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement and would likely result a legal action against it; 23(1) The public relation officer may refuse a request to access information or a request to conform the existence or non existence of an information, if the disclosure or confirmation of the requested information would be likely to cause prejudice to the security, defence and international relations of the country. 24(1) The public relation officer shall not permit any request for an access to a cabinet record or a request to conform the existence or non existence of information contained in a cabinet record other than those records that are made available to the general public by the decision of the cabinet. 25 The public relation officer may refuse a request for access to a record of the body or a request to conform the existence or non existence of any information if its disclosure would likely to jeopardize the economic interests or financial welfare of the nation or the ability of the government to mange the economy of the country. 2/ The information referred to in sub-article (1) includes, without limiting the generality of that sub article, information about; a) a contemplated change in, or maintenance of, a policy substantially affecting the currency, coinage, legal tender, exchange rates or foreign investment; 35 1/ In so far as the information sought to be accessed or the existence or non existence of which is sought to be confirmed relates to national security, national defence or international relations the head of the public body may issue a certificate certifying that the information falls within the scope of exceptions set out in Article 22 and that disclosure of the information would be almost certain to cause serious harm to national security. 2/ Notwithstanding any provision in this Part, neither the Ombudsman nor any court may review a decision under sub-article (1) to issue a certificate. 3/ Any certificate under sub-article (1) must be tabled in the House of Peoples' Representatives within 30 days of its issuance and the House may either approve or rescind the certificate. | 2(8) - personal information is defined too broadly - including things such as others' opinion about the individual. 18(1)(a) - breach of confidence (overly broad). 23(1) allows officers to refuse to acknowledge information exists if prejudicial to defence/security. 24(1) says officers need not confirm that info relating to cabinet exists. Art 25 - economic interests - officials can refuse to confirm info exists. Art 35 security certificate power is overly broad. |
| Mongolia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 3.3. This Law shall not apply when receiving and resolving petition, comment, complaint and statements in pursuant to the article 4 of the Law on the resolution of Petition and complaints lodged by citizens to the state organizations and the public official. 11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in the article 3.1 of this Law; 11.1.1.All types of information, documents, agreements and contracts in possession of the organization; 11.1.2. Information related to the property in possession of the organization; and 11.1.3. Any other information related to the activities of the organization. 18.1. In the following circumstances, it is prohibited to disclose the information to others: 18.1.1. if there are well-grounded reasons that the public release of the concerned information might be detrimental to the national security and public interest of Mongolia; 18.1.2. if the concerned information is related to matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection; 18.1.3. if it is necessary to protect the secrets of state, organization and individual during the process of inquiry, investigation and prosecution; 18.1.4. if the concerned information is related to the process of concluding international treaty or agreement; and 18.1.5. others specified in laws and legislations. 19.1. It is prohibited to disclose intellectual property related information without the permission by the owner. 20.1. Unless otherwise provided by law, if individual has not agreed in written, it is prohibited to disclose his/her information except the information of his/her parents’ name, first name, age, gender, profession, education, official position, work address and telephone number. 21.1. It is prohibited to disclose, without the written permission given by the respective official of the business entity (executive management or other persons to whom the authority is given to), secret information, technological solution, project, research document and other information related to required machineries and equipment, whose disclosure might be detrimental to the lawful interest of the organization, or those taken under its confidentiality or protection for the purpose of protecting its market and advantage in the fair competition, or those related to the unique activities of the organizations and business entities specified in the article 3.2 of the Law on Organization’s secret. | 3.3 - citizen petitions; 11.1 - human rights, freedom, lawful interests of authorities; 18.1.1 - public interest of Mongolia; 18.1.3. secrets during the process of inquiry, investigation and prosecution (overly broad); 19.1 IP (overly broad); 21.1 - info related to the unique activity of the organization (overly broad trade clause). |
| Palau | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | Section 8. The following information shall not be made available to the public: (a) information properly classified as secret in the interest of national defense or foreign policy as follows: (1) information may be classified as secret in the interest of national defense where the disclosure of the information would compromise the current ability of the Republic of Palau or the United States to provide for the defense of the Republic of Palau; (2) information related to negotiations with another country or another foreign entity that has its principal place of business in another country; (b) information related solely to internal operation procedures and practices of the governing body the release of which would potentially risk circumvention of law or regulations; (c) information specifically exempted by other statutes; (d) a trade secret or privileged or confidential commercial or financial information obtained from a person or legally established corporation or entity in the Republic of Palau; (e) a privileged inter-agency or intra-agency memorandum or letter; (f) a personnel, medical, or similar file the release of which would constitute a clearly unwarranted invasion of personal privacy; provided that disclosure of a government employment contract or contract of an independent contractor working for a government, including any contracts that are performed as part of the execution of a foreign aid grant, are deemed to not be an invasion of personal privacy; (g) information compiled for law enforcement purposes, the release of which: (1) could reasonably be expected to interfere with law enforcement proceedings, (2) would deprive a person of a right to a fair trial or an impartial adjudication, (3) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (4) could reasonably be expected to disclose the identity of a confidential source, (5) would disclose techniques, procedures, or guidelines for investigations or prosecutions, or (6) could reasonably be expected to endanger an individual's life or physical safety; (h) information contained in or related to examination, operating, or condition reports about financial institutions that the Financial Institutions Commission regulates or supervises; (i) attorney client privileged communications or attorney work product; (j) judicial deliberations; or (k) information related to informal negotiations or discussions that take place as a part of the decision making process of a governing body prior to a meeting where a final action is made; however, any negotiations or discussions that take place during a meeting in which a final action is taken shall be conducted in accordance with Section 5; and (l) information related to a declared and confirmed State of Emergency in accordance with the Constitution of the Republic. | internal operations (and informal negotiations); inter-agency memos; relating to examination of financial institutions; attorney work product; judicial deliberations; states of emergency |
| Zambia | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 20(3), 21, 28(2)(g), 29, 30(1)(a) | |
| Maldives | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 3 | 8(b) Where the State Institute has responded to the request, or had done so to the same request previously, and where after the response the information has not notably changed, or where sufficient time had not elapsed, having notified the applicant in writing, the State Institute has the discretion not to proceed with the request, for the reasons so given. 14(a) If the requested information cannot be disclosed when the application is made due to the following reasons, the information can be withheld having decided a time for disclosure and up until such time: (1) where the information ought to be published under this or another Act and the time for such publication has not arrived at the time the request is made or; (2) where the document is prepared for presentation to the People’s Majlis and the time for such presentation has not arrived at the time request is made or; (3) if the document is prepared to be presented to a certain authority as may be required by law or an ongoing event or a preplanned event and the time for such presentation has not arrived at the time request is made. 22(d)(2) information, if prematurely disclosed could adversely affect a person or group of persons; 22(d)(3) where disclosure of certain information would prejudice the privilege of a judicial court or that of the People’s Majlis; 22(d)(4) Information, related to a trial the proceeding of which were, according to judicial proceedings, not open to the public, (5) Personal or legal or judicial information relating to a child who has not attained the age of 18 (eighteen), the disclosure of which may harm the child’s person or dignity, 25. Where disclosing the following types of information would result in irrevocable damage, the State Institute has the discretion of non-disclosure: (a) Where the information was gathered on an agreement of confidentiality and that information has any of the following attributes: (2) Information, if disclosed would have a detrimental impact on the business or financial interest of the third party; (c) Where the information requested is that which was received or utilized or maintained in connection with an official mandate carried out by a State Institute, and concerns an agreement or transaction made between two private individuals or between two companies, and where that information, if disclosed, would reveal secrets of personal or financial or debt or business matters. 28. Where disclosing the following types of information would result in irrevocable damage, the State Institute has the discretion of non-disclosure: (a) The ability to administer justice; (b) The ability to impose a lawful tax or duty and the ability to determine whether such a tax needs to be taken; (c) The ability to administer the rules governing immigrants entering Maldives; (d) The ability to determine, in a particular case, whether civil or criminal charges has to be filed, or whether legal measures have to be taken. | 8(b) "Sufficient time had not elapsed" is vague and could be abused, and is unnecessary in addition to the discretion to refuse responding if the information hasn't changed; 14 deferments are too broad (due to be published, prepared for Majlis or other authority by virtue of law);. 22(d)(2), adversely affect a person or group, is too vague; 22(d)(3) privileges of courts and Majlis does not refer to any interest, just a legal form22(d)(4) too broad because not all information relating to a closed trial is secret; 22(d)(5) not just private information and "person or dignity" is too broad; 25(a)(2) and (c) are not limited to sensitive commercial information (see the language of 30(b) which is OK); 28 several references simply too vague |
| Malta | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 3 | Art. 5. "(3) This Act shall not apply to documents in so far as such documents contain - (a) personal data subject to the Data Protection Act; or (b) information the disclosure of which is prohibited by any other law:Provided that where it is possible to release a document with such data or information deleted, this shall be done in accordance with article 13(1) and (2)." | |
| Ireland | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 2 | PART III, EXEMPT RECORDS; Sections 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40. | Some of the exceptions that fall outside the permissible are; records proposed to be, or submitted to the Government for their consideration (5 year rule also exists here); prejudice the effectiveness of tests, examinations, investigations; matters relating to Northern Ireland; the record concerned contains information given to the public body concerned in confidence; the record concerned contains information in relation to research being or to be carried out by or on behalf of a public body. It is permissible to refer requesters to already public information. |
| Republic of Belarus | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 2 | Article 15. Types of information Depending on the access category, information is divided into: • publicly accessible information; • information dissemination and / or provision of which is restricted. Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include: • information on the private life of an individual and personal data; • information constituting state secrets; • official information of restricted distribution; • information constituting a commercial, professional, banking, or other legally protected secret; • information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings; • other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus. Article 21. Provision of publicly accessible information upon request Publicly accessible information may be denied upon request if: • acquisition of the requested information requires analytical work that is not directly related to the protection of the rights and legitimate interests of the requester; • the requested information is published in official periodicals, mass media, or is publicly available on the official websites of state bodies on the global computer network Internet (hereinafter referred to as websites) or on other state information resources of the global computer network Internet; • the requested information has been previously provided to the requester; • the requested information is contained in memos, instructions by officials and other internal correspondence of a state body [and (or)] other legal entity, if such information is not directly related to the protection of the rights and legitimate interests of the person who requested publicly accessible information; • requested are copies of documents held by a state body [and (or)] a legal entity that belong to other state bodies [and (or)] legal entities, except in the case when the indicated state bodies [and (or)] legal entities have been liquidated without successors, and in other cases when it is impossible to receive such document copies from the indicated state bodies or legal entities according to the established procedure; • in other cases, established by legislative acts of the Republic of Belarus. The procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus. | 1. Point deduced for having publically accessible information and restricted information. In theory, access to information should apply to all information held by public bodies, subject to internationally accepted exceptions. Concerning information dissemination and (or) provision of which is restricted 2. Point deduced for “official information of restricted distribution” – very broad 3. Point deducted for “information constituting a commercial, professional, banking, or other legally protected secret” – very broad 4. Point deduced for “other information that is restricted by legislative acts of the Republic of Belarus” – very broad 5. Point deduced for “The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus.” The exceptions should be contained in this law Provision of publicly accessible information upon request 6. Point deduced for “the requested information is contained in memos, instructions by officials and other internal correspondence of a state body [and (or)] other legal entity, if such information is not directly related to the protection of the rights and legitimate interests of the person who requested publicly accessible information” – very broad 7. Point deduced for “requested are copies of documents held by a state body [and (or)] a legal entity that belong to other state bodies [and (or)] legal entities, except in the case when the indicated state bodies [and (or)] legal entities have been liquidated without successors, and in other cases when it is impossible to receive such document copies from the indicated state bodies or legal entities according to the established procedure;” – very broad 8. Point deduced for “in other cases, established by legislative acts of the Republic of Belarus” The exceptions should be contained in this law |
| Liechtenstein | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 1 | Article 2.3 (law). | "Vorbehalten bleiben besondere gesetzliche Bestimmungen." Authorities inform in the framework of legal regulations (reserved to specific legal regulations). |
| Costa Rica | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 0 | N/A | The Constitution, as interpreted by the courts, excepts State secrets. In addition the Constituional Court has recognised additional exceptions, such as for public order and public morality, based on general grounds for restricting fundamental rights in the Constitution. It has also found other exceptions to be valid based on other laws or rights, such as exceptions for privacy and commercial secrets. It has also recognised a general category where information may be withheld if it is generally not in the public interest to disclose it. There is no proper exceptions regime in Decree 40600 itself. Overall, the jurisprudence is not enough to create an exceptions regime, because it does not clearly establish a closed/limited set of exceptions and authorities would have significant discretion to interpret in practice. So even though the jurisprudence sets some limits and guidance, 0 points awarded. (The Constitutional Cout has addressed exceptions including the following: privacy, national security, territorial integrity, juridical security, defense of the State, prevention of crime, judicial impartiality, public order, public health, public morality, State secrets, commercial secrets, personal data, information that is not in the public interest, environmental information, public security, external relations, confidential information, administrative investigation, criminal investigations). |
| Guyana | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 0 | 4(1)(c) This Act does not apply to - a public authority or function of a public authority as the President may, by order subject to negative resolution of the National Assembly, determine. 14(1)(e) Accessible records of information. [...] a record containing teaching materials or research information of employees of a post-secondary educational body; [...] (j). a record or information the disclosure of which, is not in the public interest or in the interest of the security of any person; [...] 22. Deferral or request to access public information. 25(5) The Commissioner of Information may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed if - (a) it is apparent from the nature of the documents as described in the request that all of the documents to which the request relates are exempt documents; [...] 28(1) Document exempted if containing information likely to prejudice defence of State, etc. 23(2)(b) if the decision relates to a request for access to a document which is an exempt document under section 27, 28 or 31 or which, if it existed, would be an exempt document under section 27,28 or 31, may state the decision in terms which neither confirm nor deny the existence of any document. 32.(b)(iii) infringe the privileges of Parliament. 42(5) Nothing in this Act shall be construed as authorising the disclosure of any official document (a) containing any defamatory matter; or (b) he disclosure of which would be in breach of confidence or of copyright. | 4(1)(c) allows the president to exclude any public authority. 14(1)(e) - post secondary research information. 14(1)(j) - disclosures not in the security interest of any person. Deferrals in s 22 are overly broad - w no proper timeframe. 25(5)(a) allows refusals without identifying the documents under request. 28(1) - in any manner contrary to public interest. 23(2)(b) allows the authority to refuse to confirm or deny the existence of exempted information. 32(b)(iii) - parliamentary privilege. 42(5)(a) - defamatory matter. 42(5)(b) - breaches of confidence. |
| Kazakhstan | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 0 | 1 The following basic definitions are used in this Law: [...] (8) information with limited access - information that is classified as state secrets, personal, family, medical, banking, commercial and other types of secrets protected by law, and also official information noted as "for official use only"; [...] 3(2) This Law does not apply to appeals by individuals and legal entities, the order of which is stipulated by legislation of the Republic of Kazakhstan on administrative violations, criminal and civil procedural legislation of the Republic of Kazakhstan. 11(16) An access to information is denied: [...] (3) if requested information is considered to be information with limited access; (4) if a request contains questions of legal evaluation of acts adopted by an information holder, analysis of activities of an information holder or its subordinate bodies and organizations or conducting any other type of analytical work before its completion; (5) before a decision is made on the results of checkups, conducted in the framework of the state control and supervision; (6) before a final decision is taken on the basis of interdepartmental and interagency correspondence or on the basis of discussions held in state bodies; (7) before reaching a mutual agreement about conditions of releasing documents received from foreign states or international organizations. | |
| Paraguay | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | 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. | Because the law has no exceptions regime whatsover, it cannot score points on these indicators. |
| Philippines | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 0 | Section 4: Exception: Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence. The Department of Justice and the Office of the Solicitor General are hereby directed to prepare an inventory of such exceptions and submit the same to the office of the President within thirty (30) calendar days from the date of effectivity of this Order. The Office of the President shall thereafter, immediately circularize the inventory of exceptions for the guidance of all government offices and instrumentalities covered by this Order and the general public. Said inventory of exceptions shall periodically be updated to properly reflect any change in existing law and jurisprudence and the Department of Justice and the Office of the Solicitor General are directed to update the inventory of exceptions as the need to do so arises, for circularization as hereinabove stated. | The following exceptions in the regulations are overbroad or illegitimate: 8, 11, 14, 15, 20, 22-29, 39, 51, 53, 55, 56, 65, 68-73, 82, 84-87, 90, 92-105, 118, 119, 135, 140-142. Other Exceptions: 1-8 are also overbroad or illegitimate. |
| Togo | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 0 | For the exceptions, see Articles 2, 6, 20-21, 25-33 and 35-45. Problematical exceptions: Article 28 : Aucun organisme public ne peut communiquer une information dont la publication a pour effet de révéler un mandat ou une stratégie de négociation. Il peut également refuser de communiquer une étude préparée en vue de l'imposition d'une taxe, d'un tarif ou d'une redevance. Article 29 : Tout organisme public doit refuser de confirmer l'existence ou de communiquer une information dont la publication aurait pour effet de révéler un emprunt, un projet d'emprunt, une transaction ou un projet de transaction touchant aux biens, aux services ou aux travaux. Article 31 : Aucun organisme public ne peut communiquer une information lorsque sa publication risque ... de révéler un projet d'emprunt, de placement, de gestion de dette ou de gestion de fonds ou une stratégie d'emprunt, de placement, de gestion de dette ou de gestion de fonds. Article 35 : (1) Tout organisme public doit refuser de confirmer l'existence ou de communiquer une information contenue dans un document qu'il détient dans l'exercice d'une fonction de prévention, de détection ou de répression du crime ou des infractions aux lois. Article 36 : La décision rendue par un organisme public dans l'exercice de ses fonctions juridictionnelles est publique. Toutefois, un organisme public ne peut communiquer une information précise contenue dans cette décision lorsque celui-ci en interdit la communication, au motif qu'elle a été obtenue alors que l'organisme siégeait à huis-clos, ou que celui-ci a rendu à son sujet une ordonnance de non-publication, de non-divulgation ou de non-diffusion ou que sa communication révélerait un renseignement dont la confirmation de l'existence ou la communication doit être refusée en vertu de la présente loi. Article 37 : (1) Aucun organisme public ne peut communiquer un renseignement susceptible de révéler le délibéré lié à l'exercice de fonctions juridictionnelles. Article 39 : Tout organisme public doit refuser de confirmer l'existence ou de communiquer une information portant sur une méthode ou une arme susceptible d'être utilisée pour commettre un crime ou une infraction à une loi. Article 40 : Tout organisme public doit refuser de confirmer l'existence ou de communiquer une information dont la publication aurait pour effet de réduire l'efficacité d'un programme, d'un plan d'action .... Article 41 : (2) Il peut de même s'abstenir de communiquer une décision résultant de ses délibérations ou de celle de l'un de ses services. Article 43 : Tout organisme public doit refuser de communiquer une opinion juridique portant sur : - l'application du droit à un cas particulier ; - la constitutionnalité ou la validité d'un texte législatif ou réglementaire ; - la version préliminaire ou un projet de texte législatif ou réglementaire. |
