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 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 16(3) Information under Article 16 (1) shall be made available if it is in the public interest. (4) The public interest under Article 16 (1) shall be determined by the relevant institution. | |
| Albania | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 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. | |
| Argentina | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 1...."Facilitación: ninguna autoridad pública puede negarse a indicar si un documento obra, o no, en su poder o negar la divulgación de un documento de conformidad con las excepciones contenidas en la presente ley, salvo que el daño causado al interés protegido sea mayor al interés público de obtener la información." 8...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; Agencia De Acceso A La Información Pública, Resolution 48/2018. Criterio 1. DETERMINACIÓN DEL INTERÉS PÚBLICO. A los efectos de la Ley N° 27.275, el interés público podrá ser entendido como: 1. Información que resulta relevante y beneficiosa para la sociedad en general (excluyendo el mero beneficio individual), constructiva del bien común; por ejemplo: información referente a la salud pública, medio ambiente, seguridad pública, a asuntos socioeconómicos y políticos y a la transparencia en la gestión pública. 2. Información que afecte intereses o derechos generales. 3. Información referida al proceso político, a la gestión pública y al diseño de los marcos institucionales que gobiernan a la sociedad. 4. Información sobre asuntos necesarios para ejercer el control político sobre las instituciones, para participar en la toma de decisiones públicas que puedan afectar a la sociedad, o para ejercer los derechos políticos; por ejemplo: hechos que refieran a la administración de fondos públicos, a la malversación de fondos (o enriquecimiento ilícito) o al incumplimiento en el ejercicio de funciones públicas. 5. Información bajo control del Estado relativa a su gestión. 6. Información atinente a personas que actúan en un ámbito público, como funcionarios públicos o políticos. No obstante esto, se deben respetar las legítimas expectativas de privacidad de las figuras públicas de acuerdo a su función. Decree 206/2017. 8. A los efectos de la presente reglamentación:...En las causas judiciales donde se investiguen y juzguen casos de graves violaciones a los derechos humanos, genocidio, crímenes de guerra o delitos de lesa humanidad, no serán aplicables las excepciones contenidas en este artículo, debiendo el sujeto obligado suministrar la información requerida en el marco de la causa; Agencia De Acceso A La Información Pública, Resolution 268/2019. Annex 1. No será suficiente el acto denegatorio que pretenda sustentarse en la sola aplicación de alguno de los supuestos de excepción previstos en el artículo 8° de la ley N° 27.275, o en su caso en la inexistencia de la información, si no se demuestra haber considerado también el interés público comprometido en el caso. La prueba de interés público consiste en la valoración de la idoneidad, necesidad y proporcionalidad de la medida restrictiva de acceso a la información en función de la finalidad que persigue y del interés público comprometido en cada caso. Ese análisis deberá ajustarse al contexto y circunstancias de cada solicitud de información. No obstante, como criterio orientativo, la prueba de interés público tomará en consideración los siguientes parámetros:… | There is a general public interest override in Article 1, in addition to an additional clause on human rights abuses in Article 8. Public interest is defined broadly in Resolution 48/2018 and further guidance provided in Resolution 268/2019. |
| Belgium | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Loi n° 94-1724, Article 6: "The federal or non federal administrative authority will deny the request for information if the public interest of the publication of the information is not bigger that the protection of the following interests". | |
| Benin | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 5: intérêt public: encore appelé intérêt général, il se rapporte au « bien-être commun », à ce qui est important et utile pour le plus grand nombre de personnes, pour une communauté ou un pays. Une information d’intérêt public est une information dont la diffusion est susceptible de contribuer au progrès d’une communauté ou d’un pays; 77: Un organisme public ne peut refuser de communiquer un renseignement visé aux articles 74 à 76 ci-dessus, lorsque ce renseignement permet de connaître ou de confirmer l’existence d’un risque immédiat pour la santé ou la sécurité d’une personne ou d’une atteinte sérieuse ou irréparable à son droit, à la qualité de l’environnement, ou lorsque l’intérêt public l’exige. 83: Les restrictions du droit d’accès aux sources publiques d’information ne se justifient que dans des circonstances exceptionnelles commanditées par l’intérêt public: le secret-défense et le secret de l’instruction judiciaire. | A broad public interest override. |
| Bosnia and Herzegovina | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Art 5. "Determination of an Exemption. Requested information shall be determined to be exempt from disclosure on a case-by- case basis and only if a competent authority: a. claims an exemption under Articles 6, 7 or 8 for all or part of the information; and b. determines, upon applying the public interest test provided for in Article 9, that disclosure is not justified in the public interest." Article 9 "Public Interest Test. 1. A competent authority shall disclose the requested information, notwithstanding that it has claimed an exemption under Articles 6, 7 or 8, where to do so is justified in the public interest having regard to both any benefit and harm that may accrue from doing so. 2.In determining whether disclosure is justified in the public interest, a competent authority shall have regard to considerations such as but not limited to, any failure to comply with a legal obligation, the existence of any offence, miscarriage of justice, abuse of authority or neglect in the performance of an official duty, unauthorized use of public funds, or danger to the health or safety of an individual, the public or the environment." | |
| Colombia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | N/A | There is a mandatory public interest override in article 28 of Law 1712. Article 21 of Law 1712 also states a hard override for human rights violations and grave crimes against humanity |
| Croatia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Art.16.2.: When conducting the Proportionality Test and the Public Interest Test the public authority body shall be bound to determine whether access to information may be restricted in order to protect some of the interests referred to in Article 15 paragraphs 2, 3 and 4 of this Law, whether granting access to requested information in each individual case would seriously damage these interests and whether the need to protect the right to restrictions prevails over the public interest. If the public interest prevails over the damage caused to protected interests, the information shall be made available. | |
| East Timor | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 3(3). The restriction on access to official documents that are confidential in nature obeys the following principles: A) the necessity; B) Proportionality; C) Adequacy; D) Subsidiarity Article 8 Restrictions on the right of access The refusal of access to official documents must be based on the nature of the matters referred to in Article 6 and on the risk weighting of access to the security of the State and the protection of the public interest, taking account of the principles laid down in paragraph 3 of Article 3. | |
| El Salvador | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | ARTICLE 19 Es información reservada: a. Los planes militares secretos y las negociaciones políticas a que se refiere el artículo 168 ordinal 7º de la Constitución. b. La que perjudique o ponga en riesgo la defensa nacional y la seguridad pública. c. La que menoscabe las relaciones internacionales o la conducción de negociaciones diplomáticas del país. d. La que ponga en peligro evidente la vida, la seguridad o la salud de cualquier persona. e. La que contenga opiniones o recomendaciones que formen parte del proceso deliberativo de los servidores públicos, en tanto no sea adoptada la decisión definitiva. f. La que causare un serio perjuicio en la prevención, investigación o persecución de actos ilícitos, en la administración de justicia o en la verificación del cumplimiento de las leyes. g. La que comprometiere las estrategias y funciones estatales en procedimientos judiciales o administrativos en curso. h. La que pueda generar una ventaja indebida a una persona en perjuicio de un tercero. ARTICLE 21 "En caso que estime que la información debe clasificarse como reservada, la entidad competente deberá motivar en su resolución que se cumplen los siguientes extremos:(...) La resolución deberá contener la siguiente información:(...) La autoridad que adoptó la decisión de reservar la información(...)" | Art 19 - info is not classified where it relates to investigations of human rights abuses, or to crimes of international concern - as an override this is limited. But - Art 21(c) requires that any exception be justified on the grounds that the harm for disclosure would outweigh the public benefit of access - so there is a broad public interest override. |
| Estonia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 38. Access to information classified as internal only "(1) A holder of information shall disclose information concerning facts which arouse public interest and which are related to an offence or accident before the final clarification of the circumstances of the offence or accident to an extent which does not hinder the investigation or supervision or clarification of the reasons for the accident. The competent official who organizes the investigation or supervision or who clarifies the circumstances of the accident shall decide on the extent of disclosure of such information." | |
| Gambia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 35 (1) Notwithstanding any of the exemptions in this Part, an information holder may only refuse a requester access to information if the harm to the interest produced under the relevant exemption that would result from the release of the information demonstrably out-weighs the public interest in the release of the information. (2) An Information Officer shall consider whether sub-section (1) applies in relation to any information requested before refusing access on the basis of an exemption stated in this Part. (3) The exceptions in this Part do not apply in case of serious violations of human rights or crimes against humanity. 36 An Information Officer who refuses to grant access to information requested has the burden of proving that - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest in the release of the information. | |
| Ghana | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 17(1) Despite a provision of this Act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of (a) a contravention of, or a failure to comply with a law; (b) an imminent and serious threat to public safety, public health or morals, the prevention of disorder or crime or the protection of the rights or freedoms of others; (c) a miscarriage of justice; (d) an abuse of authority or a neglect in the performance of an official function; or (e) any other matter of public interest and the benefits of disclosure clearly outweigh the harm or danger that the disclosure will cause. (2) A person who discloses information or authorises the disclosure of information under this section is not liable in criminal or civil proceedings for the disclosure or authorisation of the disclosure of information under this section. | Full points given here but the text - benefits clearly outweigh harm - is not ideal |
| India | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 8(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. Article 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. | 8(2) Authorities may release info if its in the greater public interest (though this language dovetails with the phrasing of the exceptions, which are also discretionary). 24(1) allows exceptions for human rights violations and corruption having to do with security and intelligence organizations. |
| Indonesia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 2(4) Public Information that is exempted shall be treated as confidential information pursuant to the Law, ethics, and the interest of the public, based on an examination in terms of the consequences that occur if the information is provided to the public and after careful consideration that covering up Public Information may protect a larger interest rather than opening it or vice versa. | This seems to apply definitively to all exceptions. |
| Kosovo | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 3(1.9) Damage and Public Interest Test – shall mean the legal test weighing the damage it would cause to a protected interest against the public interest for publication, to be carried out by public institutions before making a decision for rejecting to publish public documents on their own initiative and before making a decision to reject the requests for access to public documents, which shall be included in the justification of the decision on rejection. 17(1) Any applicant shall have the right to access public documents. Notwithstanding any paragraph of this Article, a public institution may not refuse to inform on whether it has a document in its possession or refuse access to a public document, unless it performs a damage and public interest test to determine whether the damage caused to the protected interest overrides the public interest in accessing that public document. (3) Access to public documents shall always be granted if: (3.1) the public document requested is related to public money expenditures; (3.2) the public document relates to the discharge of public functions or employment relationships of public officials, except in cases where personal protected data is involved or when specified differently in the relevant laws; (3.3) the requested public document relates to the environment, waste, hazardous substances or information of environmental safety reports as provided for by the relevant environmental protection law. (6) Prior to making a decision to completely or partially refuse access to public documents, in accordance with paragraph 2 of this Article, the public institution shall conduct a damage and public interest test in accordance with Article 18 of this Law. 18(1) Prior to making a decision to refuse a request for access to public documents in accordance with Article 17 of this Law, the public institution shall conduct a damage and public interest test. (2) Public institutions shall determine, on the basis of the damage and public interest test, if the interests protected by paragraph 2 of Article 17 override the public interest for publication of public documents. (3) The Agency shall, no later than six (6) months from the entry into force of this Law, adopt clear instructions for public institutions on the content and manner of conducting the damage and public interest test within the procedure of decision making and justifying decisions to refuse access to public documents pursuant to Article 17 of this Law. (4) If the request relates to any of the issues enumerated in Article 17 paragraph 3 of this Law, the public documents shall be made accessible without any test, unless otherwise provided by any other applicable law. | Strong general public interest override that includes some hard overrides such as public funds or the environment. |
| Liberia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 4.8(c): "The harm to be caused by the disclosure is greater than the public interest in having the information disclosed." | |
| Maldives | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 20(b) Notwithstanding the exemptions specified in any section of this Chapter, a State Institute should disclose information upon request where the greater public warrants the disclosure of such information, rather than denial of access and where the interest protected by non-disclosure is outweighed by the interests of the larger public upon disclosure. (c) Where access to certain information sought for under this Act is not granted citing detrimental reasons of public interest, the following grounds shall not be regarded as justifiable reasons that would erode public interest: (1) The information contains such details if disclosed to the public may make it difficult for the concerned State Institute to be answerable; (2) The information contains such details that may undermine public confidence in the concerned State Institute; (3) The information contains such deletions, which may adversely impact the comprehension of the remaining details. | |
| Montenegro | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 9: "<...> The interests referred to in paragraph 1 of this Article shall be considered significantly endangered if disclosing such information would cause them damages considerably bigger than the public interest in publishing such information is." | |
| Nicaragua | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Artículo 3.- Para los fines de la presente Ley, se establecen los siguientes principios: 7. Principio de Prueba de Daño: Garantiza que, la autoridad al catalogar determinada información como de acceso restringido, fundamente y motivo los siguientes elementos: a. La información se encuentra prevista en alguno de los supuestos de excepción previstos en la propia Ley. b. La liberación de la información puede amenazar efectivamente el interés público protegido por la Ley. c. El daño que puede producirse con la liberación de la información es mayor que el interés público de conocer la información de relevancia. | Art 3(7)(c) incorporates a public interest override into all exceptions |
| North Macedonia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Art. 6 "(3) Under exception to paragraph (1) hereunder, information holders shall allow access to information, after the obligatory harm test is conducted with which it will be determined that, in case such information is published, consequences to the interest being protected will be smaller than the public interest to be maintained with the publishing of such information." | |
| Norway | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Section 11. (Enhanced access to information): "Where there is occasion to exempt information from access, an administrative agency shall nonetheless consider allowing full or partial access. The administrative agency should allow access if the interest of public access outweighs the need for exemption." | |
| Rwanda | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 6: A public organ or a private body to which this Law applies shall disclose information where the public interest in disclosure outweighs the interest of not disclosing such information.In considering what constitutes the public interest, particular emphasis shall be put on the following: (1) to promote in public and private organs to which this Law applies the culture of informing the public about their activities; (2) to ensure that the expenditure of public funds is subject to effective management and oversight; (3) to promote founded public debate; (4) to keep the public regularly and adequately informed about the existence of any danger to public health or safety or to the environment; (5) to ensure that any public authority with regulatory mission properly discharges its functions. | |
| Saint Kitts and Nevis | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 23 | |
| Serbia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 4: "It shall be deemed that there is always a justified public interest to know information held by the public authority, in terms of Article 2 of this Law, regarding a threat to, i.e. protection of public health and the environment, while with regard to other information the public authority holds, it shall be deemed that there is a justified interest of the public to know, in terms of article 2 of this Law, unless proven otherwise by the public authority. Article 8: "The rights in this Law may be xceptionally subjected to limitations prescribed by this Law if that is necessary in a democratic society in order to prevent a serious violation of an overriding interest based on the Constitution or law. No provision of this Law may be interpreted in a manner that could lead to the revocation of a right conferred by this Law or its limitation to a greater degree than the one prescribed in Para 1 of this Article." Article 14. Section 2:"A public authority shall not fulfill the applic ant’s right to access information of public importance if it would thereby violate the right to privacy, the right to reputation or any other right of a person that is the subject of information, except if: 1) The person has agreed; 2)Such information regards a personality, phenomenon or event of public interest,especially a holder of a state or political post, and is relevant with regard to the duties that person is performing; 3)A person has given rise to a request for information about him/her by his/her behaviour, especially regarding his/her private life." | It seems that at first, all exception are covered with the Article 4, that establishes "Justified public interest to know exists, unless the public authority concerned proves otherwise". |
| Sierra Leone | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 12. (1) Information is exempt information if its disclosure by a public authority is exempted under this Act. (2) Notwithstanding subsection (1), information shall not be exempt where the public interest in accessing the information out- weighs the harm which the exemption in subsection (1) seeks to prevent. | |
| South Sudan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 22(1) | |
| Sri Lanka | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | section 5. (1) Subject to the provisions of subsection (2) a request under this Act for access to information shall be refused, where (a) the information relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the larger public interest justifies the disclosure of such information or the person concerned has consented in writing to such disclosure; ... (d) information, including commercial confidence, trade secrets or intellectual property, protected under the Intellectual Property Act, No. 36 of 2003, the disclosure of which would harm the competitive position of a third party, unless the public authority is satisfied that larger public interest warrants the disclosure of such information; ... (4) Notwithstanding the provisions of subsection (1), a request for information shall not be refused where the public interest in disclosing the information outweighs the harm that would result from its disclosure. And section 29. (1) Where a request made to an information officer by any citizen to disclose information which relates to, or has been supplied by a third party and such information has been treated as confidential at the time the information was supplied, the information officer shall, within one week of the receipt of such request, invite such third party by notice issued in writing, to make representation for or against such disclosure, within seven days of the receipt of the notice. (2) An information officer shall be required in making his decision on any request made for the disclosure of information which relates to or has been supplied by a third party, to take into consideration the representations made by such third party under subsection (1), and shall, where the third party- ... (c) responds to the notice and refuses to the disclosure of the information requested for, deny access to the information requested for: Provided however, the Commission may on the application made in that behalf by the citizen making the request, direct the disclosure of the information in question notwithstanding any objections raised by such third party against its disclosure, where the release of the information concerned demonstrably outweighs the private interest in non disclosure. | |
| Tunisia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Art. 24 - Ces domaines ne sont pas considérés comme des exceptions absolues au droit d’accès à l’information. Ils sont soumis au test de préjudice à condition que ce dernier soit grave quel qu’il soit concomitant ou postérieur. Ils sont aussi soumis au test de l’intérêt public de l’accessibilité ou l’inaccessibilité à l’information quant à chaque demande. La proportionnalité entre les intérêts voulant les protégés et la raison de la demande d’accès, sera prise en compte. Art. 26 - Les exceptions prévues à l'article 24 de la présente loi, ne s'appliquent pas : - aux informations dont la divulgation est nécessaire en vue de dévoiler des violations graves aux droits de l'Homme ou des crimes de guerre ou les investigations y liées ou la poursuite de ses auteurs, à condition de ne pas porter atteinte à l’intérêt suprême de l’Etat, - en cas d’obligation de faire prévaloir l’intérêt public sur le préjudice pouvant toucher l’intérêt à protéger, en raison d'une menace grave pour la santé ou la sécurité ou l'environnement ou par conséquent à la commission d'un acte criminel. | |
| Uganda | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 34. Mandatory disclosure in public interest. Notwithstanding any other provision in this Part, an information officer shall grant a request for access to a record of the public body otherwise prohibited under this Part if - (a) the disclosure of the record would reveal evidence of - (i) a substantial contravention of, or failure to comply with the law; or (ii) an imminent or serious public safety, public health or environmental risk; and (b) the public interest in the disclosure of the record is greater than the harm contemplated in the provision in question. | Section 34
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| Ukraine | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 6.2 Limitation of access to information shall be carried out in accordance with the law with observance of combination of the following requirements: ... 3) the harm from publication of the information outweighs public interest in obtaining the information. | The public interest override applies to all the exceptions listed. |
| Zambia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 22 | |
| Antigua and Barbuda | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 24 Notwithstanding any provision in this Part, a public authority may not refuse to indicate whether or not it holds a record, or refuse to communicate information, unless the harm that would result from the refusal outweighs the public interest in the disclosure of that information. | Art 24 - a strong public interest override, but this does not apply to exemptions in Art 7 or 23. |
| Armenia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 8(3) Information request can not be declined, if: (a) it concerns urgent cases threatening public security and health, as well as natural disasters (including officially forecasted ones) and their aftermaths; (b) it presents the overall economic situation of the Republic of Armenia, as well as the real situation in the spheres of nature and environment protection, health, education, agriculture, trade and culture; (c) if the decline of the information request will have a negative influence on the implementation of state programs of the Republic of Armenia directed to socio-economic, scientific, spiritual and cultural development. | A number of specific public interests are listed but it does not have a general override |
| Azerbaijan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 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. 39.1. The owner of the information must disclose information about the violation or accident of public interest to the extent that the result is fully clarified, so as not to impede the investigation or clarification of the causes of the accident. 39.2. The decision on the extent of disclosure of such information shall be made by the official conducting the investigation or supervision, or clarifying the causes of the accident. | Only applies to Article 35.2 and not 35.3 (discretionary exceptions). Articles 39.1 and 2 also require information on accidents to be exposed in the public interest |
| Ethiopia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 17(2)(c) about the results of any product or environmental testing or other investigation supplied by a third party or the result of any such testing or investigation carried out by or on behalf of a third party and its disclosure reveals a serious public safety or environmental risk. 28 Notwithstanding the exceptions in article 15-25 of this proclamation a public body may not refuse a request for information unless the harm to the protected interest which would be caused by disclosure outweighs the public interest in disclosure. | 17(2)(c) has an extremely limited override, Art 28 provides a more general override but this doesn't apply to docs relating to the operations of public bodies. |
| Guatemala | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | Artículo 21. El acceso a la información pública será limitado de acuerdo a lo establecido en la Constitución Política de la República de Guatemala, la que por disposición expresa de una ley sea considerada confidencial, la información clasificada como reservada de conformidad con la presente ley y las que de acuerdo a tratados o convenios internacionales ratificados por el Estado de Guatemala tengan cláusula de reserva. Artículo 23. Para los efectos de esta ley se considera información reservada la siguiente: (1) La información relacionada con asuntos militares clasificados como de seguridad nacional; (2) La información relacionada a asuntos diplomáticos, clasificados como de seguridad nacional; (3) La información relacionada con la propiedad intelectual, propiedad industrial, patentes o marcas en poder de las autoridades; se estará a lo dispuesto por los convenios o tratados internacionales ratificados por la República de Guatemala y demás leyes de la materia; (4) Cuando la información que se difunda pueda causar un serio perjuicio o daño a las actividades de investigación, prevención o persecución de los delitos, la relacionada a los procesos de inteligencia del Estado o a la impartición de justicia; (5) los expedientes judiciales en tanto no hayan causado ejecutoria, de conformidad con las leyes especiales; (6) la información cuya difusión antes de adoptarse la medida, decisión o resolución de que se trate pueda dañar la estabilidad económica, financiera o monetaria del país, así como aquella que guarde relación con aspectos de vigilancia e inspección por parte de la Superintendencia de Bancos; (7) La información definida como reservada en la Ley de Protección Integral de la Niñez y la Adolescencia; (8) Los análisis proporcionados al Presidente de la República orientados a proveer la defensa y la seguridad de la nación así como la conservación del orden público. El derecho a acceder a la información pública en que se hubiese basado el análisis podrá ejercerse ante los órganos o entidades que la tengan en su poder; (9) La que sea determinada como reservada por efecto de otra ley. | Article 21 - but this only applies to human rights violations. However, Article 23 requires consideration of general public interest issues in classifying information. |
| Guyana | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 38. Notwithstanding any other law to the contrary, the Commissioner of Information shall give access to an exempt document where there is reasonable evidence that significant - (a) abuse of authority or neglect in the performance of official duty; (b) injustice to a person; (c) danger to the health or safety of a person or of the public; or (d) unauthorised use of public funds, has or is likely to have occurred or in the circumstances giving access to the document is justified in the public interest having regard both to any benefit and to any damage that may arise from doing so. | 38 - for significant abuse of authority, injustice to a person, danger to health and safety or unauthorized use of public funds. |
| Japan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 7 (Discretionary Disclosure for Public Interest Grounds) Even in the case that Non-Disclosure Information is recorded in Administrative Documents pertaining to a Disclosure Request, when the head of an Administrative Organ finds that there is a particular public interest necessity, he or she may disclose those Administrative Documents to the Disclosure Requester. | Article 7 – applies to all exceptions, but isn't mandatory (may, rather than must). |
| Kenya | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 6(3) Subsection (1)(d) and (e) shall not apply if a request for information relates to the results of any product or environmental testing, and the information concerned reveals a serious public safety or environmental risk. (4) Despite anything contained in subsections (1) and (2), a public entity or private body may be required to disclose information where the public interest in disclosure outweighs the harm to protected interests as shall be determined by a Court. [...] (6) In considering the public interest referred in subsection (4), particular regard shall be had to the constitutional principles on the need to - (a) promote accountability of public entities to the public; (b) ensure that the expenditure of public funds is subject to effective oversight; (c) promote informed debate on issues of public interest ; (d) keep the public adequately informed about the existence of any danger to public health or safety or to the environment; and (e) ensure that any statutory authority with regulatory responsibilities is adequately discharging its functions. | A fairly strong override, but a point was deducted for the fact that the public interest test appears to only be conducted at the level of judicial review. |
| Kyrgyzstan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 9. Access to the following information is not restricted: (1) accidents, catastrophes, dangerous natural phenomena and other emergency situations of natural and man-made character, which have occurred or may occur and threaten the health and safety of the population, and their consequences; (2) on the state of health care, sanitation, demography, migration, education, culture, social protection, economy, agriculture and crime; (3) on the facts of committing acts of terrorism and extremism; (4) on air pollution, state of ecology, fire safety, as well as on sanitary-epidemiological and radiation situation, safety of food products and household items; (5) privileges, compensations and benefits granted by the state to individuals and legal entities; (6) facts of violation of human and civil rights and freedoms; (7) on the size of the gold and foreign exchange reserves of the National Bank of the Kyrgyz Republic, export/import of gold; (8) on the formation and expenditure of funds from the republican and local budgets, with the exception of information containing state secrets; the current state of public debt; expenses for the maintenance of state and local self-government bodies and officials; persons providing financial and other assistance to state bodies, local self-government bodies with the consent of these persons; expenditures from contingency funds; (9) on possession, use or disposal of state, community property, conditions for obtaining property, names of legal entities that have received this property, including copies of relevant documents; (10) violations of the law by public sector entities and their officials; (11) mass repressions for political, social and other reasons, including information in archives, with the exception of information access to which is restricted in accordance with laws in the field of protection of state secrets of the Kyrgyz Republic; (12) on the declaration of incomes, expenditures and property of persons holding political, special, higher administrative civil service positions, political and higher administrative community positions, as well as their close relatives, with the exception of persons holding administrative public positions, whose activities are related to ensuring national security; (13) on master plans of inhabited localities. | There is not a general public interest override provision, but 9 lists several different categories of information of public interest access to which is not restricted. |
| Malta | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | Art. 35. "(1) This Part shall apply subject to the provisions of Part V. (2) A document may be withheld in accordance with the provisions of this Part only if it contains matter in relation to which the public interest that is served by non-disclosure outweighs the public interest in disclosure." | |
| Mexico | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | Article 115. The privileged character may not be invoked when: I. It relates to serious human rights violations or crimes against humanity, or II. It is information related to corruption in accordance with applicable law. Article 149. The Guarantor Agency, in resolving the motion for review should apply a public interest test elements based on suitability, necessity and proportionality, when there is a collision of rights. For these purposes, the following definitions apply: I. Suitability: The legitimacy of the law adopted as the preferred, which is suitable for achieving a constitutionally valid purpose or suitable to achieve the intended purpose; II. Need: The lack of a less detrimental alternative means to the openness of information to satisfy the public interest, and III. Proportionality: The balance of harm and benefit to the public interest, so that the decision made represents a bigger benefit than the damage it could cause to the population. | Exceptions may not apply in cases of human rights violations or corruption, and general public interest test is applied by the oversight bodies, but not in processing the original requests. |
| Moldova | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 7. Official information with limited access (4) No restrictions may be imposed on the freedom of information, unless the information provider can successfully prove that such a restriction is regulated by an organic law and is necessary in a democratic society for the protection of rights and legitimate interests of the person or national security, and that the damage to those interests would be larger than the public interest for that kind of information. (5) No one can be punished for the fact that he or she made public information with limited access, if releasing this information does not damage or cannot damage legitimate interests related to national security, or if the public interest for knowing the information is larger than the damage that can result from its dissemination. 8. Access to private information (personal data) (8) If the person does not agree to the disclosure of personal data referring to him/her, access to such data may be allowed only through a ruling by a court of law, which will be a final one and which will have concluded that the disclosure will serve the public interest, that is, it will refer to the protection of public health, security, or the environment. | Article 7 contains a reasonably comprehensive public interest override. However, this is undercut, in relation to privacy, by Article 8(8), which requires a court ruling and has limited public interest overrides. |
| Nigeria | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 11(1) A public institution may deny an application for any information the disclosure of which may be injurious to the conduct of international affairs and the defence of the Federal Republic of Nigeria. (2) Notwithstanding subsection (1), an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury disclosure would cause. 12 (1) A public institution may deny an application for any information which contains- (a) records complied by any public institution for administrative enforcement proceedings and by any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public institution, but only to the extent that disclosure would (i) interfere with pending or actual and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public institution; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source; (v) constitute an invasion of personal privacy under section 14 of this Act, however, where the interest of the public would be better served by having such record being made available, this exemption to disclosure shall not apply; (vi) obstruct an ongoing criminal investigation; (b) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions: Notwithstanding anything contained in this section, an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause. (2) A public institution may deny an application for information that could reasonably be expected to facilitate the commission of an offence. (3) For the purposes of paragraph (1) (a), Investigation means an investigation that (a) pertains to the administration or enforcement of any Acts, law or regulation; (b) is authorized by or pursuant to any Acts, law or regulation. 14 (1) Subject to subsection (2), a public institution shall deny an application for information that contains personal information. Information exempted under this subsection shall includes – (i) files and personal information maintained with respect to clients, patients, residents, students, or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from public institutions; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public institution or applicants for such positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any government and/or public institution cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise requested by statute; and (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies on the commission of any crime. (2) A public institution shall disclose any information that contains personal information if - (a) the individual to whom it relates consents to the disclosure; (b) the information is publicly available. (3) Where disclosure of any information referred to in this section would be in the public interest, and if the public interest in the disclosure of such information clearly outweighs the protection of the privacy of the individual to whom such information relates, the public institution to whom a request for disclosure is made shall disclose such information subject to section 12 (2) of this Act. 15 (1) A public institution shall deny an application for information that contains (a) trade secrets and commercial or financial information obtained from a person or business where such trade secrets or information are proprietary, privileged or confidential, or where disclosure of such trade secrets or information may cause harm to the interests of the third party: Provided that nothing contained in this subsection shall be construed as preventing a person or business from consenting to disclosure; (b) information the disclosure of which could reasonably be expected to interfere with the contractual or other negotiations of a third party; (c) proposal and bids for any contract, grants, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person. (2) A public institution shall not, pursuant to subsection (1), deny disclosure of a part of a record if that part contains the result or product of environmental testing carried out by or on behalf of a public institution. (3) Where the public institution discloses information, or a part thereof, that contains the results of a product or environmental testing, the institution shall at the same time as the information or part thereof is disclosed provide the applicant with a written explanation of the methods used in conducting the test. (4) A public institution shall disclose any information described in paragraph (1)(a), (b) and (c) if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment and, if the public interest in the disclosure clearly outweighs in importance any financial loss or gain to, or prejudice to the competitive position of or interference with contractual or other negotiation of a third party. | Public interest override applies in ss. 11, 12, 14, 15 - everything except professional privilege. |
| Tajikistan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 5(2)(d) seems to say that, where info concerns rights or freedoms, the exceptions don't apply. This is reinforced by 7(2), however it's not quite broad enough to warrant 4 points, since it mentions specific rights to protect rather than anything that's in the public interest to know. | |
| Tanzania | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | Section 6(1)(b) determines, in accordance with this Act, that the disclosure is not justified in the public interest., Section 6(4) Paragraphs (f) and (g) of subsection (2) shall not apply if a request for information relates to the results of any product or environment testing, and the information concerned reveals a serious public safety or environmental risk. | Somewhat unclear but appears to be a public interest provision. Also a limited override for 6(2)(f) and (g). |
| Trinidad and Tobago | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 26. A document is an exempt document if disclosure under this Act would be contrary to the public interest and disclosure - (a) would prejudice relations between the Government of the Republic of Trinidad and Tobago and the government of any other State; (b) would prejudice relations between the Government of the Republic of Trinidad and Tobago and an international organisation of States or a body thereof; (c) would divulge any information or matter communicated in confidence by or on behalf of the government of another State to the Government of the Republic of Trinidad and Tobago or to a person receiving a communication on behalf of the government of that State; or (d) would divulge any information communicated in confidence by or on behalf of an international organisation of states or a body thereof to the Government of the Republic of Trinidad and Tobago or to a person receiving a communication on behalf of that international organisation or body. 27. (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act - (a) would disclose matter in the nature of opinion, advice or recommendation prepared by an officer or Minister of Government, or consultation or deliberation that has taken between officers, Ministers of Government, or an officer and a Minister of Government, in the course of, or for the purpose of, the deliberative processes involved in the functions of a public authority; and (b) would be contrary to the public interest. (2) In the case of a document of the kind referred to in section 8(1), the matter referred to in subsection (1)(a) does not include - (a) matter that is provided for the use or guidance of, or is used or may be used for, the purpose of making decisions or recommendations, or enforcing written laws or schemes, referred to in section 8(1); (b) factual information; (c) the analysis, interpretation or evaluation of, or any projection based on factual information; (d) a statistical survey; (e) a report by a valuator, whether or not the valuator is an officer of the public authority; (f) an environmental impact statement or similar record; (g) a report of a test carried out on a product for the purpose of purchasing equipment for a public authority or a consumer test report; (h) a report or study on the performance or efficiency of a public authority, whether the report or study is of a general nature or is in respect of a particular programme or policy; (i) a feasibility or other technical study, including a cost estimate, relating to a policy or project of a public authority; (j) a report containing the results of field research undertaken before the formulation of a policy proposal; (k) a final plan or proposal to change a programme of a public authority, or for the establishment of a new programme, including a budgetary estimate for the programme, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to Cabinet or a committee or subcommittee of Cabinet; (l) a report of an interdepartmental committee task force within a public authority, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to Cabinet or a committee or subcommittee of Cabinet; (m) a report of a committee, council or other body which is attached to a public authority and which has been established for the purpose of undertaking inquiries and making reports and recommendations to the public authority; (n) the reasons for a final decision, order or ruling of a public authority made during or at the conclusion of the exercise of discretionary power conferred by or under a written law or scheme administered by the public authority, whether or not the written law or scheme allows an appeal to be taken against the decision, order or ruling, and whether or not the reasons - (I) are contained in an internal memorandum of the public authority or in a letter from an officer or employee of the public authority; or (II) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or ruling. (3) Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 23 shall state the public interest considerations on which the decision is based. (4) Subsection (1) shall cease to apply to a document brought into existence on or after the commencement of this Act when a period of ten years has elapsed since the last day of the year in which the document came into existence. 28. (1) Subject to this section, a document is an exempt document if its disclosure under this Act would, or would be reasonably likely to - (a) prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law in a particular instance; (b) prejudice the fair trial of a person or the impartial adjudication of a particular case; (c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; (d) disclose methods or procedures for preventing, detecting, investigating, or dealing with matters a rising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law. (2) This section does not apply to any document that is - (a) a document revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; (b) a document revealing the use of illegal methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law; (c) a document containing any general outline of the structure of any programme adopted by a public authority for investigating breaches of, or enforcing or administering the law; (d) a report on the degree of success achieved in any programme adopted by a public authority for investigating breaches of, or enforcing or administering, the law; (e) a report prepared in the course of routine law enforcement inspections or investigations by a public authority which has the function of enforcing and regulating compliance with a particular law other than the criminal law; (f) a report on a law enforcement investigation, where the substance of the report has been disclosed to the person who, or the body which, was the subject of the investigation, if it is in the public interest that access to the document should be granted under this Act. 35. Notwithstanding any law to the contrary a public authority shall give access to an exempt document where there is reasonable evidence that significant - (a) abuse of authority or neglect in the performance of official duty; (b) injustice to an individual; (c) danger to the health or safety of an individual or of the public; or (d) unauthorised use of public funds, has or is likely to have occurred and if in the circumstances giving access to the document is justified in the public interest having regard both to any benefit and to any damage that may arise from doing so. | Public interest is mentioned with regards to exceptions in ss. 26 and 27 and 28. S. 35 is a blanket public interest override for certain instances. |
| Vanuatu | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 38. Public interest to override exemptions (1) Despite any exemptions under this Part, a Right to Information Officer must grant an application for access to information if it is in the public interest to disclose such information. (2) A Right to Information Officer must consider whether subsection (1) applies in relation to any information requested before refusing access on the basis of an exemption under this Part. (3) Subject to subsections (4) and (5), a Right to Information Officer is to consider any of the following factors when determining whether access to information is in the public interest: (a) the objects of this Act; (b) the prevention of the commission of offences or other unlawful acts; (c) the prevention of a miscarriage of justice, abuse of authority or neglect in the performance of an official duty; (d) the promotion of effective use and oversight of public funds and expenditure; (e) whether the information is to be used for public debate or discussions; (f) the promotion of public participation in the political process and decision-making; (g) the avoidance of any danger to the health or safety of an individual or the public; (h) the avoidance of unauthorised use, or misuse of public funds; the protection of the environment; any other factors as the officer may consider relevant from time to time. (4) A Right to Information Officer must not take into account any of the following factors when deciding whether access to information is contrary to the public interest: (a) that access to the information could result in embarrassment to, or cause a loss of confidence in the Government of Vanuatu; (b) that access to the information could result in any person misinterpreting or misunderstanding the information; (c) that the author of the document was, or is of high seniority in the Government agency or relevant private entity to which the application for access to the information was made; (d) that access to the information could result in confusion or unnecessary debate. (5) A Right to Information Officer must consider any guidelines issued by the Information Commissioner under section 70 when determining whether access to information is contrary to the public interest. | A fairly strong override, but it only applies to exceptions listed in Part 5. |
| Austria | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Explanatory Note: Re § 6...The body obliged to provide information must assess, weigh up and justify in the specific case whether, to what extent and why confidentiality is required or necessary (see the explanations on Article 1 no. 2 [Art. 22a para. 2 B-VG]). The proportionality test (of secrecy) plays an essential role here, as is regularly the case with reservations of fundamental rights. The proportionality test already results from the term "necessary" in the reservation of fundamental rights (cf. Art. 22a para. 2 B-VG proposed in Article 1) and should be repeated in the text of the simple law for clarification purposes. The procedure for the necessary balancing of interests results in principle from the requirement of the constitutional handling of the right of access to information in accordance with the provisions of Art. 10 of the Human Rights Convention and the relevant case law of the ECtHR, the Administrative Court (cf. VwGH 24.5.2018, Ro 2017/07/0026, and VwGH 29.5.2018, Ra 2017/03/0083, and the ECtHR judgments cited therein) and the Constitutional Court (see VfSlg. 20.446/2021 on the right to information on the basis of Art. 10 MRK and its balancing criteria). Which interests are to be weighed up depends on the protected interests affected in the individual case; these should potentially all be included in the weighing-up decision. A balancing of interests in conformity with fundamental rights must be based on the so-called "harm test", i.e. an examination of the actual damage to a legitimate protected interest threatened by the disclosure or publication of information. In addition, a "public interest test" should be used to examine whether an overriding public interest can be assumed that ultimately speaks in favor of making the information accessible, even though a justified purpose of secrecy could be impaired as a result (for example, in the case of information relating to crimes against humanity, violations of fundamental basic and human rights or corruption). "Social watchdogs" in the sense of the case law of the ECtHR (journalists who need information to enable a public debate or non-governmental organizations acting in the public interest; see VfSlg. 20.446/2021; even affirming a legal interest of these OGH 5.12.2022, 5 Ob 178/22w) play a special role in the balancing process. The balancing decision must be adequately justified. | A public interest override is mentioned in the reasons for the law, but points deducted because it is not set out in the actual legal provisions. |
| Bahamas | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Section 15. Public interest. (1) For the purposes of this Act, the test of whether the disclosure by a public authority of a record is in the public interest is whether the public interest would, on balance, be better served by disclosure than by non-disclosure. (2) The Information Commissioner issue guidelines about public interest considerations— , (a) in favour of the disclosure of records held by a public authority; and (b) against the disclosure of records held by a public authority, for the assistance of public authorities, based on international best practices. Section 16. Exempt records subject to public interest. Notwithstanding that a record falls within sections 20, 22(1)(b) and (d), 23, 24, and 26, access shall be granted to the record if such access would be in the public interest. | See also s. 2 which defines public interest in a non-exclusive way. The public interest override only applies to certain exceptions. |
| Brazil | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Article 19. Paragraph 1. If the information to which access was denied is essential to safeguard human rights, public organs and entities shall forward to the Public Prosecutor's Office those overruled requests with the reasons for denegation. Article 21. The access to information necessary for the judicial or administrative guardianship of fundamental rights shall not be denied. Single paragraph. Information or documents about activities involving human rights violation by public agents or ordered by public authorities, shall not have their access restricted. | Art 19 Para 1 provides reclassification for info essential to human rights, and Art 21 forbids classification of info involving human rights violations, but there are too limited to warrant more than 2 points. Reg Art 27 also requires authorities to consider the public interest when classifying information, but this isn't a hard override. |
| Burkina Faso | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Article 33 : Aucune information, aucun document administratif ne peut être classifié quand la recherche porte sur des violations de droits fondamentaux de l’homme ou de crime contre l’humanité. Article 34 : Aucune réserve ne peut être invoquée quand l’information demandée se rapporte à des violations des droits de l’homme ou est pertinente pour rechercher, prévenir ou éviter des violations de ces droits. | Limited to human rights and crimes against humanity. |
| Cook Islands | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 8. Other reasons for withholding official information – (1) Where this section applies, good reason for withholding official information exists for the purpose of section 5 of this Act unless, in the circumstances of the particular case the withholding of that information is outweighed by other consideration which render it desirable, in the public interest, to make that information available. (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 – (a) protect the privacy of natural persons, including that of deceased natural persons; or (b) protect information where the making available of the information – (i) would disclose a trade secret; or (ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or (c) protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of an Act, where the making available of the information – (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or (ii) would be likely otherwise to damage the public interest; or (d) avoid prejudice to measures protecting the health or safety of members of the public; or (e) avoid prejudice to the substantial economic interests of the Cook Islands or (f) avoid prejudice to measures that prevent or mitigate material loss to members of the public; or (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 – (i) the free and frank expression of opinion by or between or to Ministers of the Crown or member or an organisation or officers and employees of any Ministry or organisation in the course of their duty; or Official Information 9 (ii) the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment; or (i) maintain legal professional privilege; or (j) enable a Minister of the Crown or any Ministry or organisation holding the information to carry out, without prejudice or disadvantage, commercial activities; or (k) enable a Minister of the Crown or any Ministry or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or (l) prevent the disclosure or use of official information for improper gain or improper advantage. | Art 8 contains such an override, but is limited in its scope. |
| Cyprus | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | "Article 19 (Absolute and non-absolute exceptions) 19 (4) Η προβλεπόμενη στην παράγραφο (β) του εδαφίου (1) του άρθρου 8 παροχή πληροφοριών δεν τυγχάνει εφαρμογής, νοουμένου ότι - (α) Οι πληροφορίες εξαιρούνται δυνάμει απόλυτης εξαίρεσης, ή (β) αν η εξαίρεση δεν είναι απόλυτη, το δημόσιο συμφέρον στο να διατηρηθεί η εξαίρεση των ζητούμενων πληροφοριών υπερτερεί του δημόσιου συμφέροντος στο να αποκαλυφθούν" | "All non-absolute exceptions are subject to a public interest test. Absolute exceptions are: Information accessible to applicant by other means (Article 20) Security bodies (Article 22) Judicial/Court records (Article 29) Parliamentary privilege (Article 31) Commercial interests and information provided in confidence (Article 34)" |
| Guinea | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 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. | Limited general public interest override in favour of heath, security or the environment. Hard override for human rights violations but overide for war crimes is qualified by the interests of the State. |
| Israel | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 2 | 10. In considering a refusal to provide information under this law, based on the provisions of Section 8 and 9, the public authority will take into account, among other things, the interest of the applicant in the information, if cited in the request, and the public interest in the disclosure of the information, for reasons of maintaining public health, security, or the environment. | 10 - The body is required to consider the public interest in coming to their decision. Gave 2 points instead of 1 because apparently this override is considered quite strongly by the Courts. |
| Namibia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 64. Despite any exempt information set out in this Part, an information officer from whom access to information has been requested under this Act must grant such access, if - (a) the disclosure of the information would reveal evidence of - (i) a corrupt activity or any serious contravention of law; (ii) an imminent and serious public health or safety risk; or (iii) an imminent and serious environmental risk; and (b) the public interest demonstrably outweighs the resulting harm to the interest protected under the relevant exemption should the disclosure of the information be granted. 79. An information officer who refuses to grant a request for access to information has the burden of proving, on a balance of probabilities, that - (a) such information is exempt from disclosure under this Part; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest. | S. 64 only refers to three types of public interests which override secrecy and requires the public interest to "demonstrably outweigh" the harm. S. 79 provides for a more general and appropriate public interest override but this seems to conflict with s. 64 and is cast only as a burden of proof issue instead of an actual override so two points taken. |
| New Zealand | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 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 (...) | Public interest override only applies in certain circumstances under s. 9. It does not apply to exceptions listed under ss. 6 and 7. |
| Peru | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 15 Excepciones al ejercicio del derecho: El derecho de acceso a la información pública no podrá ser ejercido respecto de la siguiente: a) La información expresamente clasificada como secreta y estrictamente secreta a través de un acuerdo adoptado por la mayoría del número legal de los miembros del Consejo de Ministros. El acuerdo deberá sustentarse en razones de seguridad nacional en concordancia con el Artículo 163° de la Constitución Política del Perú y tener como base fundamental garantizar la seguridad de las personas. Asimismo, por razones de seguridad nacional se considera información clasificada en el ámbito militar, tanto en el frente externo como interno, aquella cuya revelación originaría riesgo para la integridad territorial y/o subsistencia del sistema democrático. Mediante Decreto Supremo aprobado por la mayoría del número legal de miembros del Consejo de Ministros, el Poder Ejecutivo reglamentará las excepciones que expresamente se enmarcan en el presente artículo. El acuerdo debe constar por escrito y en él deben explicarse las razones por las cuales se produce la clasificación mencionada. Este acuerdo debe ser revisado cada cinco (5) años a efectos de evaluar su desclasificación. El acuerdo que disponga la continuación del carácter secreto y estrictamente secreto deberá ser debidamente motivado y sujetarse a las mismas reglas que rigen para el acuerdo inicial. No se considerará como información clasificada, la relacionada a la violación de derechos humanos o de las Convenciones de Ginebra de 1949 realizada en cualquier circunstancia, por cualquier persona. El Presidente del Consejo de Ministros deberá dar cuenta a la Comisión de Defensa Nacional, Orden Interno e Inteligencia del Congreso de los criterios que el Consejo ha utilizado en la clasificación de la información como secreta o estrictamente secreta. Una vez que la información clasificada se haga pública, una comisión especial del Congreso de la República evaluará si las razones esgrimidas en el acuerdo del Consejo de Ministros que declaró como clasificada una información se adecuaban a la realidad de los hechos. Esto no impide que una comisión competente del Congreso de la República efectúe dicha evaluación en cualquier momento. b) Materias cuyo conocimiento público pueden afectar los intereses del país en negociaciones o tratos internacionales. c) La información protegida por el secreto bancario, tributario, comercial, industrial, tecnológico y bursátil. d) La información interna de las entidades de la Administración Pública o de comunicaciones entre éstas que contengan consejos, recomendaciones u opiniones producidas como parte del proceso deliberativo y consultivo previo a la toma de una decisión de gobierno. Una vez tomada la decisión, esta excepción cesa si la entidad de la Administración Pública opta por hacer referencia en forma expresa a esos consejos, recomendaciones u opiniones. e) La información preparada u obtenida por asesores jurídicos o abogados de las entidades de la Administración Pública cuya publicidad pudiera revelar la estrategia a adoptarse en la tramitación o defensa en un proceso administrativo o judicial, o de cualquier tipo de información protegida por el secreto profesional que debe guardar el abogado respecto de su asesorado. f) La información vinculada a investigaciones en trámite referidas al ejercicio de la potestad sancionadora de la Administración Pública, en cuyo caso la exclusión del acceso termina cuando la resolución que pone fin al procedimiento queda consentida o cuando transcurren más de 6 (seis) meses desde que se inició el procedimiento administrativo sancionador, sin que se haya dictado resolución final. g) La información que tiene por finalidad prevenir y reprimir la criminalidad en el país y cuya revelación puede entorpecerla. h) La información referida a los datos personales cuya publicidad constituya una invasión de la intimidad personal y familiar. La información referida a la salud personal, se considera comprendida dentro de la intimidad personal. i) Aquellas materias cuyo acceso esté expresamente exceptuado por la Constitución, o por una Ley aprobada por el Congreso de la República. Los casos establecidos en el presente artículo son los únicos en los que se puede limitar el derecho al acceso a la información pública, por lo que deben ser interpretados de manera restrictiva por tratarse de una limitación a un derecho fundamental. No se puede establecer por una norma de menor jerarquía ninguna excepción a la presente Ley. La información contenida en las excepciones señaladas en este artículo son accesibles para el Congreso de la República, el Poder Judicial y el Ministerio Público, con las limitaciones que señala la Constitución Política del Perú en ambos casos. Para estos efectos, el Congreso de la República se sujeta igualmente a las limitaciones que señala su Reglamento. Tratándose del Poder Judicial de acuerdo a las normas que regulan su funcionamiento, solamente el juez en ejercicio de sus atribuciones jurisdiccionales en un determinado caso y cuya información sea imprescindible para llegar a la verdad, puede solicitar la información a que se refiere cualquiera de las excepciones contenidas en este artículo.
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The exemptions do not apply to any information relating to human rights violations or the Geneva Conventions. However, the beginning of Art. 15 states that, apart from the exemptions, the law does not apply to info that could jeopardize the state's territorial integrity or democratic system, which I read as putting this info outside of the human rights override. |
| Slovenia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Article 6.2 "Without prejudice to the provisions in the preceding paragraph, the access to the requested information is sustained, if public interest for disclosure prevails over public interest or interest of other persons not to disclose the requested information, except in the next cases: - for information which, pursuant to the Act governing classified data, is denoted with one of the two highest levels of secrecy; - for information which contain or are prepared based on classified information of other country or international organization, with which the Republic of Slovenia concluded an international agreement on the exchange or transmitting of classified information. - For information which contain or are prepared based on tax procedures, transmitted to the bodies of the Republic of Slovenia by a body of a foreign country; - For information from point 4 of paragraph 1 of this Article; - For information from point 5 of paragraph 1 of this Article, unless the tax procedure is final or the person liable for tax discovered the liability in the tax return and did not pay the tax in the prescribed time." | Art 6.2 establishes Public Interest test and some exeptions were it would not be applied. |
| South Africa | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 46. Despite any other provision of this Chapter, the information officer of a public body must grant a request for access to a record of the body contemplated in section 34(1), 36(1), 37(1)(a) or (b), 38(a) or (b), 39(1)(a) or (b), 40, 41(1)(a) or (b), 42(1) or (3), 43(1) or (2), 44(1) or (2) or 45, if— (a) the disclosure of the record would reveal evidence of— (i) a substantial contravention of, or failure to comply with, the law; or (ii) an imminent and serious public safety or environmental risk; and (b) the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question. | Applies to most provisions but not all and only works for certain categories of public interest (illegal acts, public safety or environmental issues). |
| Spain | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Artículo 14 (Límites al derecho de acceso): 2. La aplicación de los límites será justificada y proporcionada a su objeto y finalidad de protección y atenderá a las circunstancias del caso concreto, especialmente a la concurrencia de un interés público o privado superior que justifique el acceso. | Junto con la prueba de interés público, también se ha establecido una prueba de interés privado que encuentra correspondencia en los estándares internacionales y que además no queda definida en la ley. |
| Uruguay | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Artículo 12. (Inoponibilidad en casos de violaciones a los derechos humanos).- Los sujetos obligados por esta ley no podrán invocar ninguna de las reservas mencionadas en los artículos que anteceden cuando la información solicitada se refiera a violaciones de derechos humanos o sea relevante para investigar, prevenir o evitar violaciones de los mismos. | Art 12 - a hard override, but it is limited to human rights violations. |
| Vietnam | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Article 7(3): During the performance of their tasks and functions, the heads of state agencies shall determine the provision of information related to business confidentiality, life privacy, individuals' secret, families' secret if it deems necessary to the interests of public, social health according to the provision of regarding laws without the consent as provided for in Item 1 and Item 2 of this Article; Article 34(1): Agencies providing information as prescribed in Article 9 of this Law shall have responsibilities as follows: (g) Timely reviewing and considering benefits of information provision to decide whether making information public or providing information upon request in order to protect public interests and community health; | This is something of a public interest override but it is unclear how it functions or whether it could override an exception. |
| Andorra | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 1 | "Article 11)2 The application of the limitations provided for in paragraph 1 must be justified and proportionate to the object and purpose protection and must take into account the circumstances of the specific case and, in particular, the concurrence of a higher public or private interest justifying access to information." "Article 11)2. L’aplicació de les limitacions previstes a l’apartat 1 ha de ser justificada i proporcional a l’objecte i finalitat de protecció i ha d’atendre a les circumstàncies del cas concret i, particularment, a la concurrència d’un interès públic o privat superior que justifiqui l’accés a la informació. / Article 11)2. L’aplicació de les limitacions previstes a l’apartat 1 ha de ser justificada i proporcional a l’objecte i finalitat de protecció i ha d’atendre a les circumstàncies del cas concret i, particularment, a la concurrència d’un interès públic o privat superior que justifiqui l’accés a la informació." | Includes both a public and private interests. |
| Australia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 11A Access to documents on request (5) The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.
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This only applies to conditionally exempt documents, i.e. documents covered by exceptions under ss. 47B through 47J. |
| Bangladesh | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 32: "Inapplicability of this Act in case of certain organizations and institutions.- (1) Notwithstanding anything contained in any provisions of this Act, this Act shall not apply to the organizations and institutions which are involved in state security and intelligence mentioned in the Schedule. (2) Notwithstanding anything contained in sub-section (1), this section shall not apply to such information that are pertaining to corruption and violation of human rights in the above-mentioned organizations and institutions. (3) On receipt of any request for information under sub-section (2), the concerned organization or institution shall, subject to the approval of the Information Commission, provide the applicant with the requested information within 30 (thirty) days from the date of receipt of such request. (4) The Government if necessary may, in consultation with the Information Commission, amend the Schedule increasing or decreasing the number of organizations and institutions mentioned in the Schedule by a notification published in the official Gazette from time to time." | Limited public interest override against the Art 32 general exemption for security services if the info involves corruption or human rights violations. |
| Belize | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | N/A | No public interest override - but they get a point for the s 34 requirement to act in good faith in consideration of the public interest. |
| Bolivia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 3. The fundamental principles that guide access to public information are the following: … Under no circumstances can information regarding the commission of crimes of humanity, human rights violations, corruption in the exercise of public functions and damage to the State be protected under secrecy, reservation or confidentiality. | Absolute override for various interests, but no general override. |
| Bulgaria | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 13(4) (New, SG No. 104/2008) Access to administrative public information shall not be restricted when there is overriding public interest in the disclosure. | Only applies to administrative information, does not apply to the other exceptions. |
| Canada | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 20 (6) The head of a government institution may disclose all or part of a record requested under this Part that contains information described in any of paragraphs (1)(b) to (d) if (a) the disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position or any interference with its contractual or other negotiations. | Override only applies narrowly to 20(1)(b) - (d), as per 20(6). |
| China | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 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. 32 Where disclosure of open government information by application will harm the lawful rights and interests of third parties, administrative organs shall solicit the opinions of the third parties in writing. Third parties shall submit comments within 15 working days of receiving the written solicitation of opinions. Where third parties do not submit comments in the time provided, the administrative organs are to decide whether to disclose in accordance with the provisions of this Regulation. Where third parties do not consent to disclosure and have a reasonable reason, the administrative organs are not to disclose. Where administrative organs find that non-disclosure might have a major impact on public interests, the may decide to disclose, and inform third parties in writing of the content and grounds for the decision to disclose the government information. | Only a limited, non-mandatory override available for commercial secrets and personal privacy |
| Dominican Republic | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | ARTICULO 18. La solicitud de información hecha por los interesados podrá ser rechazada cuando pueda afectar intereses y derechos privados preponderantes, se entenderá que concurre esta circunstancia en los siguientes casos: Cuando se trate de datos personales cuya publicidad pudiera significar una invasión de la privacidad personal. No obstante, la Administración podría entregar estos datos e informaciones si en la petitoria el solicitante logra demostrar que esta información es de interés público y que coadyuvará a la dilucidación de una investigación en curso en manos de algún otro órgano de la administración pública. Cuando el acceso a la información solicitada pueda afectar el derecho a la propiedad intelectual, en especial derechos de autor de un ciudadano. Cuando se trate de datos personales, los mismos deben entregarse sólo cuando haya constancia expresa, inequívoca, de que el afectado consiente en la entrega de dichos datos o cuando una ley obliga a su publicación. | Public interest override applies to 3rd party privacy in Art 18, but that's it. |
| Fiji | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 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 - [...] (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; (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; [...] | Only for two out of 15 exceptions. |
| Germany | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 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. | Only for data protection. |
| Iran | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | N/A | Not mentioned. |
| Jamaica | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Article 19(3) A public authority shall grant access to a document referred to in subsection (1) if it is satisfied, having regard to all the circumstances, that the disclosure thereof would, on balance, be in the public interest. Article 21(1) Subject to subsection (2), an official document 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 declared to be a national monument, designated as protected national heritage or protected by a preservation notice under the Jamaica National Heritage Trust Act; (c) any species of plant or animal life so designated or which is endangered, threatened or otherwise vulnerable; (d) any other rare or endangered living resource. (2) A public authority shall grant access to a document referred to in subsection (1) if it is satisfied, having regard to all the circumstances, that the disclosure thereof would, on balance, be in the public interest. | Applied to 19(3) and 21, but very narrowly. |
| Liechtenstein | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Articles 3 and 29. | As long as not opposed to private or public interests and as long as information has not been archived yet. |
| Mozambique | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | ARTIGO 9 (Principle of duty to publish) 2. The limitation of the access to information of public interest is forbidden, except for the exceptions provided by the law. Right to Information Law Regulation 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. | Not really but some references to public interest and necessity |
| Netherlands | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 1 | Section 10. Paragraph 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 State, 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.\" | Not all the exceptions are subject to a public interest override. |
| Niger | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 33: Toute autorité administrative ou tout agent d’un service coupable de diffusion de l’une des informations ou documents non communicables visés aux articles 13 et 14 de la présente ordonnance, s’expose aux sanctions disciplinaires, sans préjudice des sanctions prévues par les textes en vigueur. Tout usager de service public coupable de diffusion d’une information publique ou d’un document administratif non communicable est passible des sanctions prévues par les textes en vigueur. Nonobstant toutes dispositions légales contraires, les personnes qui ont diffusé ou signalé des agissements constitutifs d’une infraction, un manquement à une obligation légale, une erreur judiciaire ou des actes graves d’incurie dans la gestion d’une administration publique, doivent être protégées et être à l’abri de toute sanction judiciaire, administrative ou professionnelle. | Article 33 provides whistleblower protection for any breaches of duty, negligence, etc, but this is not the same as a public interest override. |
| Pakistan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 7(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 | Very weak: Minister must provide reasons when declaring confidential as to why harm overrrides public interest |
| Romania | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Article 13: Information encouraging or concealing the breaking of law by a public authority or organization shall not be regarded as classified information and shall be considered public information. | There is a sort of public interest override that will be applied only over "the information that favors or hides the infringement of the law by a public authority or institution." This information shall be considered as of public interest. 1 point scored |
| Seychelles | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 1 | 22(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. | Very limited public interest override |
| South Korea | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 9(1)(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; | Very limited override. |
| Switzerland | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Article 7(Exceptions). Section 2: "The right of access shall be limited, deferred or denied, should said access to an official document prejudice the privacy of a third party, unless exceptionally outweighed by public interest." | Limited public interest override that only applies to official document that could prejudice the privacy of a third party. |
| Taiwan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 18 The government information as follows shall be restricted from making available to the public or provision: 3. The draft for internal use or other preparatory works before the government agency make a decision. Such works can be made available to the public or be provided if deemed necessary to public interest. 6. Making available to the public or provision will invade personal privacy, professional secrets, or authors’ ventilating right, except where it is necessary for public interest, protects people’s life, body, health, or is consented by the person concerned. 7. Making available to the public or provision of the information about trade secrets or business operations of a person, legal person or group will hamper the right, competitive position or just interests of such person, legal person or group, except where it is necessary for public interest, protects people’s life, body, health, or is consented by the person concerned. | A public interest override applies to a few of the exceptions - 18(3), 18(6), 18(7), |
| Thailand | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Section 20. "In disclosing any information the disclosure of which may constitute liability under any law, the State official shall be deemed to he exempt from such liability if he acts in good faith in the following circumstances: (...) (2) in respect of the information under section 15, where the State official of the level specified in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securing a benefit of greater importance which relates to public interest, life, body, health or other benefit of a person and such order is reasonable; for this purpose, a restriction or condition may be imposed on the use of such information as appropriate. The disclosure of the information under paragraph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case." | 20(2) implies that some information can be disclosed if there is a greater public interest to do so, but this override is discretionary and highly limited. |
| Togo | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Article 23 : Outre les cas prévus à l'article précédent, un organisme public peut également donner les renseignements personnels dont il s'agit, sans le consentement des personnes concernées, en vue de prévenir un acte de violence, un suicide ou lorsqu'il existe un motif raisonnable de croire qu'un danger imminent de mort ou de blessures graves menace une personne ou un groupe de personnes identifiable. Les renseignements peuvent alors être communiqués à la ou aux personnes exposée à ce danger, à leur représentant ou à toute personne susceptible de leur porter secours. La personne ayant la plus haute autorité au sein de l'organisme public doit, par directive, établir les conditions et les modalités suivant lesquelles les renseignements peuvent être communiqués par son personnel. Le personnel est tenu de se conformer à cette directive. | Only for privacy and only for limited public interest reasons. |
| Turkey | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Article 21.2: "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." | Only with one of the exceptions, "Privacy of the Individuals" |
| United Kingdom | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | Part II, Sections 21 to 44. | The public interest only applies to some of the exceptions listed (Sections 26; 27; 28; 29; 31; 36; 38). 3 points were deducted. |
| United States | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 7(c)(1) has a limited override for police records. | |
| Zimbabwe | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 22 (3) The information officer shall not refuse to provide information in terms of subsection (1) or (2) if that information consists of information—...(c) the disclosure of which would facilitate accountability and transparency of decisions taken by an entity, other than preliminary results of any tests, research, preparations or other investigations conducted for the purpose of developing any policy; or (d) which relates to the expenditure of public funds; or (e) the disclosure of which would reveal misconduct or deception. 25(2) Information may not be refused in terms of subsection (1)(b)(iii)(D) insofar as it consists of information about the general conditions of detention of persons in custody. 28(5) Access to information may not be refused in terms of subsection (3) to the extent that it consists of information—... (c) the disclosure of which would facilitate accountability and transparency of decisions taken by the State or an entity, other than preliminary results of any tests, research, preparations or other investigations conducted for the purpose of developing any policy. | Very limited public interest override for third party information (s. 22) and State economic interests (s. 28), and one element of law enforcement (s. 25) |
| Angola | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Chile | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Costa Rica | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Instead of a public interest override there is a preliminary scope issue where the Constitution protects the right to information on matters of public interest. There is significant jurisprudence on what constitutes public interest which should provide some protection for core types of public interest information. However, these do not appear to function as an override (i.e., if a something was still a state secret it presumably would not be disclosed) so no points awarded. (See summaries of different categories here: https://www.pgr.go.cr/servicios/procuraduria-de-la-etica-publica-pep/temas-de-interes-pep/compendio-jurisprudencia-sala-constitucional-acceso-a-la-informacion-publica-pep/informacion-de-interes-publico/) |
| Czech Republic | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Denmark | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned in the law. |
| Ecuador | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | No public interest override. |
| Finland | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| France | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Georgia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | No public interest override. |
| Greece | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Honduras | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | No - the public interest override goes the other way, where non-exempted information won't be released if it's against the public interest. |
| Hungary | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Article 30(5) Should the relevant legislation facilitate the opportunity for the controller to consider rejecting the fulfilment of the request to access data of public interest, a narrow interpretation must be applied to such a rejection and the fulfilment of the request aimed at accessing data of public interest may be rejected should the gravity of the public interest serving as a basis for rejection supersede the public interest relating to the fulfilment of the request to access data of public interest. |
| Iceland | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Ireland | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | There are public interest overrides to several exemptions, such as Articles 30, 32, 35, 36, 39, 40. | There is no broad override per se, it is per exemption. |
| Italy | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Ivory Coast | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Jordan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Kazakhstan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Kuwait | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Latvia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Administrative Procedure Law: "Section 13. Principle of Proportionality The benefits which society derives from the restrictions imposed on an addressee must be greater than the restrictions on the rights or legal interests of the addressee (Section 66). Significant restrictions on the rights or legal interests of a private person are only justified by a significant benefit to society." | Not mentioned. |
| Lebanon | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Lithuania | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned |
| Malawi | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | While present in earlier drafts, unfortunately the final version of law does not contain any public interest override. | |
| Monaco | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | 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. | The opposite of a public interest override. |
| Mongolia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Morocco | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned |
| Nepal | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Not mentioned. | |
| Palau | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Not mentioned | |
| Panama | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Artículo 13: La información definida por la presente Ley como confidencial no podrá ser divulgada, bajo ninguna circunstancia, por agentes del Estado. En el caso de que la información de carácter confidencial sea parte de procesos judiciales, las autoridades competentes tomarán las provisiones debidas para que dicha información se mantenga reservada y tengan acceso a ella únicamente las partes involucradas en el proceso judicial respectivo. | Article 13 of Law 6 of 2002 is an absolute prohibition on disclosure. |
| Paraguay | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | |
| Philippines | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Section 6: Application and Interpretation: ...In making such determination, the Head of the Office or his designated officer shall exercise reasonable diligence to ensure that no exception shall be used or availed of to deny any request for information or access to public records, or official records if the denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or corruption. | |
| Poland | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Article 31.3 of the Constitution: Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. | There is no public interest test explicitly stated in the law that applies to the exceptions. However, Article 31.3 of the Constitution has a proportionality measure that would imply a public interest test, but this is not guaranteed when initially considering to refuse disclosure. In practice, public officials do not really do a public interest test but courts are more aware of the Constitutional rule and it is visible in the most of judgments (both regional and supreme administrative courts). |
| Portugal | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Qatar | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Not mentioned | |
| Republic of Belarus | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Article 16. Publicly accessible information Publicly accessible information shall include information the dissemination and (or) provision of which is not restricted. May not be restricted access to information, dissemination and (or) provision of information: • on the rights, freedoms, legitimate interests and obligations of individuals, rights, legitimate interests and obligations of legal entities and on the procedure for the implementation of rights, freedoms and legitimate interests, and performance of duties; • on the activities of state bodies and non-governmental associations; • on the legal status of state bodies, with the exception of information that is restricted by legislative acts of the Republic of Belarus; • on the socio-economic development of the Republic of Belarus and its administrative-territorial units; • on emergency situations, environmental, sanitary and epidemiological conditions, hydrometeorological and other information reflecting the state of public safety; • on the state of health care, demography, education, culture, [and (or)] agriculture; • on the state of crime, as well as on the facts of violation of the law; • on benefits and compensation provided by the state to individuals and legal entities; • on the size of the gold reserve; • on overall external debt indicators; • on the state of health of officials holding positions included in the list of senior public positions of the Republic of Belarus; • accumulated in open collections of libraries and archives, information systems of state bodies, individuals and legal entities created (intended) for information service of individuals. | There is no specific public interest test applicable to restrictions, howvere there is publically accessible information that cannot be restricted |
| Russia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | No public interest override listed. | |
| San Marino | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Saudi Arabia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Slovakia | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
| Sudan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned |
| Sweden | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | No specific public interest test in the law. | |
| Uzbekistan | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned |
| Venezuela | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | 7. A los efectos de esta Ley, se considera información disponible la totalidad de la información de interés público que esté en posesión de los sujetos obligados, sin menoscabo de las excepciones establecidas en la Constitución de la República Bolivariana de Venezuela y la ley. 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. | Not mentioned |
| Yemen | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | No public interest override. |
