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 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 16(6) No prohibition shall be applied to information which is more than 20 years old, provided that this may be extended, in exceptional cases, for up to a maximum of another ten years, at the recommendation of the highest level official responsible for the institution which holds that information and with the approval of the Commission. | The harm tests mean that exceptions only apply when harm will be caused. |
Andorra | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | "Article 21. Term of the reservation 1. The period of classification of the information as reserved by the State is established for a period not exceeding at twenty. This term begins to count from the moment of its classification as such." "Article 21. Termini de la reserva 1. El termini de classificació de la informació com a reservada d’Estat s’estableix per un període no superior als vint anys. Aquest termini comença a computar des del moment de la seva classificació com a tal. - 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." | |
Bahamas | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 6(3) The exemption of a record or part thereof from disclosure shall not apply after the record has been in existence for thirty years unless otherwise stated in this Act. | The harm test, where it applies, suggests that information should be released once the harm is no longer present. |
Bulgaria | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 13(3) (Amended, SG No. 45/2002) The restrictions under sub-art. 2 shall not apply after a period of 2 years as form the creation of such information. | Apart from APIA, there are time limits set forth in other law for the exception of national security (protected by state secrets) and official secrets. Time limits are 6 months, 5, 15 or 30 years (only the last one exceeds 20 years, this is in the case of "top secret" classification). |
Colombia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Article 22 Temporary exceptions. The reservation of the information covered by Article 19 shall not extend for a period longer than fifteen (15) years. | 15 years - according to Article 22 of Law 1712 and as soon as exceptions cease to apply according to Constitutional Court's ruling of constitutionality of Law 1712. |
Czech Republic | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Section 12 - Terms of restrictions. "The obligated body shall apply all restrictions to the right to information by providing the requested information including any supporting information, following the exclusion of all information that are to be excluded under the law. The right to deny information shall apply solely within the duration of the existence of the reason for such denial. In justified cases, the obligated body shall verify whether the reason for denial continues to exist." | |
Ecuador | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | ARTICLE 18 Protección de la Información Reservada.- La información clasificada previamente como reservada, permanecerá con tal carácter hasta un período de quince años desde su clasificación. La información reservada será desclasificada cuando se extingan las causas que dieron lugar a su clasificación. Se ampliará el período de reserva sobre cierta documentación siempre y cuando permanezcan y se justifiquen las causas que dieron origen a su clasificación. El Consejo de Seguridad Nacional, en los casos de reserva por motivos de seguridad nacional y los titulares de las instituciones públicas, serán responsables de clasificar y desclasificar la información de conformidad con esta Ley. La clasificación de reserva no podrá efectuarse posteriormente a la solicitud de información. La información reservada que se haga pública antes del vencimiento del plazo de la reserva o de manera distinta a la prevista en el inciso anterior, podrá ocasionar responsabilidad civil, administrativa y/o penal según los casos, de la persona que por su función haya violado la reserva. Las instituciones públicas elaborarán semestralmente por temas, un índice de los expedientes clasificados como reservados. En ningún caso el índice será considerado como información reservada. Este índice de información reservada, detallará: fecha de resolución y período de vigencia de esta clasificación. La información reservada en temas de seguridad nacional, solo podrá ser desclasificada por el Consejo de Seguridad Nacional. La información clasificada como reservada por los titulares de las entidades e instituciones del sector público, podrá ser desclasificada en cualquier momento por el Congreso Nacional, con el voto favorable de la mayoría absoluta de sus integrantes, en sesión reservada. | |
El Salvador | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | ARTICLE 20. La información clasificada como reservada según el artículo 19 de ésta ley, permanecerá con tal carácter hasta por un período de siete años. Esta información podrá ser desclasificada cuando se extingan las causas que dieron origen a esa calificación, aún antes del vencimiento de este plazo. El Instituto podrá ampliar el período de reserva por cinco años adicionales a solicitud de los entes obligados, quienes actuarán de oficio o a petición de persona interesada, siempre y cuando se justifique que subsisten las causas que dieron origen a su clasificación. En caso de los literales “a y b” del artículo 19 de ésta ley, podrán darse prorrogas por períodos adicionales, si el ente obligado justifica la necesidad de la continuidad de la reserva. Cuando concluya el período de reserva la información será pública, sin necesidad de acuerdo o resolución previa, debiendo protegerse la información confidencial que aún contenga. El Instituto deberá llevar un registro público de la información que se desclasifique. | Art 20 - 7 year sunset clause. |
Estonia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 40. Terms of restrictions on access "(1) A restriction on access to information intended for internal use applies as of the preparation or receipt of the documents for as long as necessary or until the arrival of the event, but not for longer than five years. The head of an agency may extend the term by up to five years if the reason for establishment of the restriction on access continues to exist. [RT I 2007, 12, 66 - entry into force 01.01.2008] (2) A restriction on access to documents pertaining to state supervision, supervisory control and preparation of individual decisions of executive power applies until adoption of a decision unless another reason to restrict access to the information exists. (3) A restriction on access to information classified as internal which contains private personal data applies for 75 years as of the receipt or documentation thereof or for 30 years as of the death of the person or, if it is impossible to establish death, for 110 years as of the birth of the person." | |
Georgia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Article 31 – Duration of maintaining public information classified 1. Professional and commercial information shall be classified indefinitely, except as provided by law. A commercial secret must be declared open if it has lost its value for being considered classified. 2. A decision on maintaining public information classified and extending its duration shall be entered into the Public Register. Article 33. (The procedure for publicizing secret information): After classified information is declassified, any part of classified public information or protocol of the closed session of a corporate public agency that can be separated on reasonable grounds shall be publicised.\" | |
Guatemala | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Artículo 24. En ningún caso podrá clasificarse como confidencial o reservada la información relativa a investigaciones de violaciones a los derechos humanos fundamentales o a delitos de lesa humanidad. | |
Honduras | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | ARTICULO 19. DURACION DE LA RESERVA. La información clasificada como reservada, tendrá este carácter mientras subsista la causa que dio origen a la reserva, fuera de esta circunstancia, la reclasificación de la reserva solo tendrá lugar, una vez que se haya cumplido un termino de diez (10) anos, contados a partir de la declaratoria de reserva, salvo que exista una orden judicial, en cuyo caso, la reclasificación se circunscribirá al caso especifico y para uso exclusivo de la parte interesada, es decir bajo reserva de uso publico. | |
Iceland | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Article 8. Access shall be granted to the material covered by item 4 of Art. 6 as soon as the measures or examinations are entirely finished, unless the provisions of Art. 5 or of items 1-3 of Art. 6 apply. Access shall be granted to the information covered by item 5 of Art. 6 when there is no longer any reason to expect that communication of the information might have a serious effect on the environment. Access shall be granted to other material covered by Art. 4-6 when thirty years have elapsed since the creation of the material, excluding information concerning an individual's private affairs; to which access shall not be granted until eighty years have elapsed since its creation. | |
Italy | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Art. 5-bis (5) The restrictions under paragraphs 1 and 2 shall apply only to the period in which the protection is justified in relation to the nature of the data. Public access cannot be denied if, for protecting the interests under paragraphs 1 and 2, it will suffice to resort to the power of postponement. | |
Latvia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Article 6 "(3) The status of restricted access information may be applied to information for the internal use of institutions during the process of preparation of matters only up to the time when the institution takes a decision regarding the particular matter, or when a document which has not been classified as a restricted access document is sent to an addressee. "Article 8 (prim): "(3) The status “informācija dienesta vajadzībām” [information for official use only] shall be specified for one year. The institution, which has specified such a status, may decide regarding the specification of a new time period, as well as regarding the removal of such status prior to the termination of such status. If in relation to information for which the status of “informācija dienesta vajadzībām” has been specified the time period of such status specified by law has terminated or the status has been removed prior to the time period specified by law, such information created in Latvia shall become generally accessible information." | |
Liberia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 4.9: "Maximum period for non disclosure: Information or records exempted from disclosure or public may remain exempted for as long as the reason for their exemption exists, but in any event no longer than a continuous period of fifteen (15) years)." | |
Mexico | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Article 4. The human right of access to information includes requesting, researching, disseminating, seeking and receiving information. All the information generated, obtained, acquired, processed or held by the regulated entities is public and accessible to anyone under the terms and conditions set forth in this Act, in international treaties to which the Mexican State is a party, the Federal Act, the laws of the States and the regulations applicable in their respective jurisdictions; only exceptionally it may be classified as temporarily restricted for reasons of public interest and national security, in the terms provided by this Act. Article 101. Documents classified as privileged will be public when: (I). The causes that gave rise to their classification expire; (II). The term for classification expires; (III). There is resolution of a competent authority determining that there is a cause of public interest that prevails over the confidentiality of the information, or (IV). The Transparency Committee considers appropriate to declassify it in accordance with the provisions of this Title. Information classified as privileged, under Article 113 of this Act, may remain as such up to a period of five years. The confidentiality period shall run from the date on which the document is classified. Exceptionally, regulated entities, with the approval of the Transparency Committee, may extend the confidentiality period up to one additional five-year period, provided they justify the causes that gave rise to its classification remain, by applying a harm test. Article 101: For the cases provided by section II, in the case of information which disclosure would cause the destruction or disabling of strategic infrastructure for the provision of public goods or services, or refers to the circumstances described in section IV of Article 113 of this Act and that, in the opinion of a regulated entity, it is necessary to extend the confidentiality period of the information again; the respective Transparency Committee shall submit the relevant request to the competent Guarantor Agency, duly grounded and motivated, applying the harm test and noting the confidentiality period, with at least three months prior to the expiration of said period. | Article 101 includes a provision allowing for longer classifications, but only for a relatively restricted subset of information, and subject to review by the Transparency Committee and the Guarantor Agency. |
Nicaragua | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Artículo 17.- La información clasificada como reservada, tendrá este carácter hasta por un período de diez años. Esta será accesible al público, aún cuando no se hubiese cumplido el plazo anterior, si dejan de concurrir las circunstancias que motivaron su clasificación a juicio de la entidad que emitió el acuerdo. Asimismo, las entidades públicas podrán prorrogar el período de reserva, por un período de cinco años más. Esta prórroga será por una sola vez, siempre y cuando subsistan las causas que dieron origen a su clasificación. | |
North Macedonia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Art. 6 "(2) Information listed in paragraph (1) hereunder shall become available once the reasons for its being unavailable shall cease to exist." | |
Pakistan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 16(1)(k) the exemptions set out in section 16 shall cease to apply after every twenty years and that record of public bodies shall be made public | |
Uruguay | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Artículo 11. (Período de reserva).- La información clasificada previamente como reservada, permanecerá con tal carácter hasta un período de quince años desde su clasificación. La información reservada será desclasificada cuando se extingan las causas que dieron lugar a su clasificación. Sólo se ampliará el período de reserva sobre cierta documentación cuando permanezcan y se justifiquen las causas que le dieron origen. | Art 11 - 15 year sunset clause |
Vanuatu | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 51. Time limit for exemptions (1) Information that is exempted from disclosure under this Part ceases to be exempt if it is more than 10 years old commencing from the date on which it was made, or such other period as may be determined by the Information Commissioner after consultation with the Minister. (2) Subsection (1) does not apply to the personal information of a natural third party. (3) The Information Commissioner may, in consultation with the Minister, review any exempted information under this Part within 2 years of it being exempted. (4) Subject to subsection (3), the Information Commissioner may remove the exception status of information if it is no longer applicable. (5) A review made under subsection (3) must be made according to this Act. | - |
Albania | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 17(2) Restrictions on the right to information, due to the interests foreseen in point 2, letter "c" and "d" of this Article, shall not apply when the administrative investigation, in the context of a disciplinary proceeding, and audit inspection procedures of the public authority have been completed. Restriction on the right to information, due to the interests foreseen in point 2, letter and of this Article, shall not apply where the relevant data are facts, analyses of facts, technical data or statistics. Restriction on the right to information, due to the interests foreseen in point 2, letter of this Article, shall not apply once the policies are published | |
Antigua and Barbuda | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 34(1) The provisions of sections 27 to 32 apply only to the extent that the harm they seek to protect against would, or would be likely to, occur at or after the time at which the request is considered. (2) Sections 28 (c), 30, 31, and 32 do not apply to a record which is more than thirty years old. | Art 34 - exceptions cease to apply when the harm ceases, but the sunset period of 30 years is too long. |
Azerbaijan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 40.1. Restrictions on access to information intended for use of the Service shall be lifted if the reasons for this restriction are eliminated, but not later than 5 years. 40.2. Restrictions on access to personal data shall be valid for a period of up to 75 years from the date of receipt or documentation of this information or for a period of 30 years after the death of the person or up to 110 years from the date of birth of the person. | Appears to apply a 5-year limit broadly to restrictions based on information being "intended for use of the Service". However, this does not apply to areas such as national security, which are covered by other laws, or privacy, which is covered by a different provision. Also, illogical set of time limits for private information. |
Bolivia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 7(II) Once the secrecy, reservation or confidentiality has been lifted by the competent authority, in accordance with current laws, the information requested will be provided in a timely and preferential manner. 8(I) Secret, confidential or confidential information of the Executive Power regarding the internal or external security of the State shall be subject to the following regime: 3. Automatic lifting of secrecy, confidentiality or confidentiality of information, after twenty (20) years from the moment of the event generating the information. | Seems to apply exception at the time of the request; very limited overall limits for security information only. |
Brazil | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Article 24. The information in custody of public organs and entities, observing its wording and due to its importance to the security of society and of the State, shall be classified as top secret, secret and restricted. Paragraph 1. The maximum time frames of restriction on the access to information, observing the classification in the caption of this article, shall be in force from the date of its production, and are the following: I - top secret: twenty-five years; II - secret: fifteen years; and III - reserved: five years. Paragraph 3. As an alternative to the time frames established in Paragraph 1, the end of the restriction time frame may be determined by the occurrence of a specific event, as long as it happens before the maximum time frame of the classification. Article 29. The classification of information shall be reviewed by the authority responsible for the classification or by an authority hierarchically superior, ex officio or upon initiative, under the terms and time frames established in regulation, in order to declassify the information or reduce the period in which it must be kept under secrecy, in observance of article 24. Paragraph 2. In the reassessment of the matter referred to in the caption of this article, the permanence of the reasons of secrecy and the possibility of harm resulting from the access to or disclosure of information shall be examined. | Art 24 Para 1 and Para 3 establish this, along with 29(2). However, "ultra-secret information" is classified for 25 years. |
Burkina Faso | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Article 31 : Les documents ou informations non communicables sont classifiés et ne peuvent être déclassifiés que selon les délais spéciaux visés aux articles 35 et 40 ci-dessous. Article 35 : Les documents ou informations suivants sont communiqués selon les délais ci-après : - cinquante ans à compter de la date de départ à la retraite de l’intéressé pour les dossiers personnels ; - cinquante ans à compter de la date de l’acte pour les documents qui contiennent des secrets industriels et commerciaux ; - cinquante ans à compter de la date de recensement ou de l’enquête pour les documents, statistiques contenant des renseignements personnels ; - vingt ans à compter de la date de clôture pour les dossiers d’instruction judiciaire ; - quinze ans à compter de la date de l’acte pour les documents relatifs à la politique monétaire et au crédit. Article 40 : Les informations, objets, documents, données informatiques ou fichiers, relevant de la défense nationale, la sûreté de l’Etat, la politique extérieure sont communiqués comme suit : - cinquante ans après pour ceux classés très secret défense ; 17 - quarante ans après pour ceux classés secret défense ; - trente ans après pour ceux classés confidentiel défense. | There are time limits but they are quite long. |
Chile | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | ARTICLE 22. Los actos que una ley de quórum calificado declare secretos o reservados mantendrán ese carácter hasta que otra ley de la misma jerarquía deje sin efecto dicha calificación. Transcurridos cinco años contados desde la notificación del acto que declara la calificación, el servicio u órgano que la formuló, de oficio o a petición de cualquier persona y por una sola vez, podrá prorrogarla por otros cinco años, total o parcialmente, evaluando el peligro de daño que pueda irrogar su terminación. Sin embargo, el carácter de secreto o reservado será indefinido tratándose de los actos y documentos que, en el ámbito de la defensa nacional, establezcan la planificación militar o estratégica, y de aquéllos cuyo conocimiento o difusión puedan afectar: a) La integridad territorial de Chile; b) La interpretación o el cumplimiento de un tratado internacional suscrito por Chile en materia de límites; c) La defensa internacional de los derechos de Chile, y d) La política exterior del país de manera grave. Los documentos en que consten los actos cuya reserva o secreto fue declarada por una ley de quórum calificado, deberán guardarse en condiciones que garanticen su preservación y seguridad por el respectivo órgano o servicio. Los documentos en que consten los actos declarados secretos o reservados por un órgano o servicio, deberán guardarse en condiciones que garanticen su preservación y seguridad por el respectivo órgano o servicio, durante el plazo de diez años, sin perjuicio de las normas que regulen su entrega al Archivo Nacional. Los resultados de las encuestas o de sondeos de opinión encargados por los órganos de la Administración del Estado facultados para ello serán reservados hasta que finalice el período presidencial durante el cual fueron efectuados, en resguardo del debido cumplimiento de las funciones de aquéllas. | Art 22 applies sunset clauses to some exclusions, but not others. |
China | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 18 Administrative organs shall establish and complete dyamically adjusting government information management mechanisms, carrying out periodic assessment and review of information from that administrative organ which was not disclosed, and government information which may be disclosed due to changing circumstances shall be disclosed. | Not a proper system but enough for 1 point |
Croatia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Art.15.7. Information from paragraph 2 and 3 of this article shall be made made available to the public upon the termination of reasons due to which the public authority body has imposed a restriction of access to information. Art.15.6.Information restricted due to reasons referred to in paragraph 2 item 5 of this article (intellectual property rights) shall become available to the public when so determined by person who might suffer the damage caused by disclosing the information, but no longer than 20 years from the day of generating information, unless longer period of time has been is proscribed by the law or other regulation. | 20 year deadline does not apply to all information but only to information to which access was restricted due to intellectual property rights. |
Cyprus | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | "Article 49 (Non-application of exceptions to the historical archives) 49 (1) Πληροφορίες που περιέχονται σε ιστορικό αρχείο δεν είναι εξαιρούμενες πληροφορίες δυνάμει των διατάξεων του εδαφίου (1) του άρθρου 27, των άρθρων 29, 30, 32, του εδαφίου (1) του άρθρου 34 μόνο σχετικά με τις πληροφορίες που αφορούν το επαγγελματικό απόρρητο, και του εδαφίου (2) του άρθρου 34. (2) Συμμόρφωση με την υποχρέωση επιβεβαίωσης ή άρνησης κατοχής πληροφοριών, σε σχέση με πληροφορίες που περιέχονται σε ιστορικό αρχείο, δεν δύναται να έχει ως αποτέλεσμα την αποκάλυψη εξαιρουμένων πληροφοριών όπως ορίζεται στο εδάφιο (3) του άρθρου 30 και στο εδάφιο (3) του άρθρου 34 μόνο σχετικά με τις πληροφορίες που αφορούν επαγγελματικό απόρρητο ή εμπορικό μυστικό ή εμπορικά συμφέροντα. (3) Πληροφορίες που εμπίπτουν στις διατάξεις του άρθρου 28 δεν είναι εξαιρούμενες πληροφορίες δυνάμει των εν λόγω διατάξεων μετά το τέλος περιόδου πενήντα (50) ετών από το έτος που αρχίζει αμέσως μετά τη δημιουργία του αρχείου στο οποίο περιλαμβάνονται οι εν λόγω πληροφορίες. (4) Συμμόρφωση με την υποχρέωση επιβεβαίωσης ή άρνησης κατοχής πληροφοριών σε σχέση με πληροφορίες που περιέχονται σε αρχείο το οποίο έχει συμπληρώσει πενήντα (50) έτη, αρχίζοντας από το αμέσως επόμενο έτος της δημιουργίας του, δεν δύναται να παραβλάψει οποιοδήποτε από τα θέματα που καθορίζονται στο εδάφιο (1) του άρθρου 28. (5) Προτού δημόσια αρχή απορρίψει αίτηση για παροχή πληροφοριών που περιέχονται σε ιστορικό αρχείο και οι οποίες είναι εξαιρούμενες δυνάμει διατάξεων άλλων από τις διατάξεις του εδαφίου (1) του άρθρου 19, συμβουλεύεται τον Υπουργό. Article 50 (Non-application of exemptions to historical records kept in the State Archives) 50 (1) Πληροφορίες που περιέχονται σε ιστορικό αρχείο το οποίο φυλάσσεται στο Κρατικό Αρχείο δεν είναι εξαιρούμενες πληροφορίες δυνάμει των διατάξεων των άρθρων 20 ή 21. (2) Η εξαίρεση που προβλέπεται στο εδάφιο (1) του άρθρου 22 δεν είναι απόλυτη εξαίρεση, όσον αφορά πληροφορίες που περιέχονται σε ιστορικό αρχείο το οποίο φυλάσσεται στο Κρατικό Αρχείο." | |
East Timor | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Article 8(3) Access to documents preparatory for a decision may be deferred until the decision is taken, the proceedings are closed or after one year after they have been drawn up. (4) Access to investigations and investigations takes place after the expiry of the period for any disciplinary proceedings. | Some discussion of this for certain exceptions, but no overall time limits. |
Finland | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | [Principles of Openness] Article 31(1) An official document shall no longer be secret when the period of secrecy provided in an Act or ordered on the basis of an Act has ended or when the authority which has ordered the secrecy of the document has repealed that order. (2) The period of secrecy for official documents is 25 years, unless otherwise provided or ordered. A document which is secret for the protection of private life, as provided in section 24(1)(24) - (32), or a comparable document which is kept secret by virtue of another Act or an order based on another Act shall be kept secret for 50 years after the death of the person whom the document concerns or, if the time of death is unknown, for 100 years. (3) If it is obvious that the declassification of the document would, even after the period provided in this section, cause significant harm to the interests protected by the secrecy provision, the Government may extend the period by at most 30 years. (4) The period of secrecy of an official document shall run from the date on the document or, if the document bears no date, from the day of its completion. The period of secrecy of a document handed in by a private person shall run from the day when the authority has received the document. | The period of secrecy for official documents is 25 years, unless otherwise provided or ordered (1 point loss). However, when the protected interest is private life, then the maximum time is longer. Moreover, for example secrecy based on article 24(10) can still be necessary after 25 years if the infrastructure (for example information on the facilities of the armed force) is still used by the armed forces after 25 years. |
Germany | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 4(2) has the reference with respect to decision making: (2) The applicant should be notified of the conclusion of the proceedings concerned. In addition, Section 9(2) states that in cases in which the authority rejects the application in part or in its entirety, it is to provide notification as to whether and when partial or full access to the information is likely to be possible at a later juncture. | |
Ghana | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 78(1) Information classified as exempt information under sections 5 to 16 ceases to be exempt information on the expiry of thirty years calculated from the end of the calendar year in which the information came into existence. (2) On the expiry of the period specified in subsection (1), a person may seek access to the information and the public institution which has custody of the information shall give access in accordance with the procedure established under this Act, except that where disclosure of the information will endanger the life or physical safety of an individual, public safety, national security, national economic interest and international relations with any other country the information shall not be disclosed. | 30 years and it includes a massive clawback for all sorts of information |
Guinea | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Chapitre 5 : Du refus de communiquer les informations par un organisme En cas de refus, le demandeur en est informé par une lettre motivée. L'effet de refus prend fin avec l'expiration des motifs exprimés par la réponse à la demande d'accès. 37. L'information inaccessible au sens des Articles 5, 6, 7, 8 de la de la présente loi, devient accessible conformément aux délais et conditions prévus par la législation en vigueur relative aux archives. | We were unable to access a copy of the archives law (Loi L/95/014/CTRN sur la gestion des Archives en République de Guinée) but according to the Archives website (https://an-sgprg-gov.com/qr/) it provides for documents to be public after 30 years. This is too long so one point lost. |
Guyana | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | N/A | There are some sunset clauses, but they don't apply across the board. |
India | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Article 8(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. | 8(3) Sunset clause, but doesn't apply to all exceptions. |
Indonesia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 20(1) The exceptions as referred to in Article 17 letter a, letter b, letter c, letter d, letter e, and letter f shall not be permanent. (2) Regulation on the period/duration of the exemption is further regulated by a Government Regulation. | Article 20 touches upon this, but is far too vague to warrant 2 points. |
Jamaica | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Article 6(2)(2) The exemption of an official document or part thereof from disclosure shall not apply after the document has been in existence for twenty years, or such shorter or longer period as the Minister may specify by order, subject to affirmative resolution. | |
Kenya | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 6(1)(g) significantly undermine a public or private entity's ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration; [...] (7) Unless the contrary is proved by the public entity or private body, information is presumed not to be exempt if the information has been held for a period exceeding thirty years. | |
Malawi | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 28. (2) The Minister shall, by notice published in the Gazette, declassify cabinet records after thirty years. | Sunset clause applies only to Cabinet records. |
Maldives | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 32(b) Cabinet documents are not exempt in following circumstances: (3) A document, where 10 (ten) years have lapsed since its submission to the Cabinet. 33. The provisions prescribed in sections 22, 26, 27, 28, 29 and 30 shall not apply to information which have attained 10 (ten) years. | These sunset clauses do not apply to policy documents. |
Monaco | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 36(1) Les documents administratifs mentionnés au chiffre 3 de l’article 29 peuvent être communiqués au public à l’expiration d’un délai de protection de trente ans à compter, selon les cas, de leur date ou de la date de clôture du dossier auquel ils se rapportent. (2) Ce délai peut toutefois être porté à une durée supérieure pour des catégories de documents administratifs déterminées, dans les conditions fixées par arrêté ministériel pris après avis de la Commission consultative des archives de l’État. (3) Les documents administratifs librement consultables par le public avant leur versement au Service central des archives et de la documentation administrative le demeurent après leur versement. | Time limit of 30 years but only appears to apply to documents transferred to the Archives and can be extended on vague grounds. |
Nepal | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 27(2) The Committee pursuant to Sub-Section (1), regarding the classification of information under Sub-section 3 of Section (3), has to inform the Commission by determining the number of years the information should be kept confidential and method for the protection of information. (5) The information classified pursuant to the Sub-Section (2) may be kept confidential for a maximum period of thirty years, according to the nature of the information. (6) Notwithstanding anything contained in Sub-Section (5), the Committee shall review in every ten years that any information classified as confidential is necessary to keep as confidential or not. (7) While reviewing pursuant to Sub-Section (6), the Committee, if finds necessary to keep such information confidential for additional period, may decide the duration and classify as confidential for that period or may classify as nonconfidential if finds not necessary to keep confidential. | Information is time limited in its classification and reviewed every ten years. Also, harm is assessed at the time of a request. But the time limit for secrecy is 30 years. |
Panama | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Artículo 14: La información definida por esta Ley como de acceso restringido no se podrá divulgar, por un periodo de diez años, contado a partir de su clasificación como tal, salvo que antes del cumplimiento del periodo de restricción dejen de existir razones que justificaban su acceso restringido. Se considerará de acceso restringido, cuando así sea declarado por el funcionario competente, de acuerdo con la presente Ley: 1. La información relativa a la seguridad nacional, manejada por los estamentos de seguridad. 2. Los secretos comerciales o la información comercial de carácter confidencial, obtenidos por el Estado, producto de la regulación de actividades económicas. 3. Los asuntos relacionados con procesos o jurisdiccionales adelantados por el Ministerio Público y el Órgano Judicial, los cuales sólo son accesibles para las partes del proceso, hasta que queden ejecutoriados. 4. La información que versa sobre procesos investigativos realizados por el Ministerio Público, la Fuerza Pública, la Policía Técnica Judicial, la Dirección General de Aduanas, el Consejo Nacional de Seguridad y Defensa, la Dirección de Responsabilidad Patrimonial de la Contraloría General de la República, la Dirección de Análisis Financiero para la Prevención de Blanqueo de Capitales, la Comisión de Libre Competencia y Asuntos del Consumidor y el Ente Regulador de los Servicios Públicos. 5. La información sobre existencia de yacimientos minerales y petrolíferos. 6. Las memorias, notas, correspondencia y los documentos relacionados con negociaciones diplomáticas, comerciales e internacionales de cualquier índole. 7. Los documentos, archivos y transcripciones que naciones amigas proporcionen al paÃs en investigaciones penales, policivas o de otra naturaleza. 8. Las actas, notas, archivos y otros registros o constancias de las discusiones o actividades del Consejo de Gabinete, del Presidente o Vicepresidentes de la República, con excepción de aquellas correspondientes a discusiones o actividades relacionadas con las aprobaciones de los contratos. 9. La transcripción de las reuniones e información obtenida por las Comisiones de la Asamblea Legislativa, cuando se reúnan en el ejercicio de sus funciones fiscalizadoras para recabar información que podría estar incluida en los numerales anteriores. En caso de que las autoridades correspondientes consideren que deba continuarse el carácter de restringido de la información detallada en este artículo, corresponderá a los Órganos Ejecutivo, Legislativo o Judicial, según sea el caso, emitir resoluciones por las cuales se prorrogará hasta por un máximo de diez años adicionales, la restricción sobre la información mencionada en este artículo. En ningún caso el carácter de restringido podrá superar los veinte años, contados a partir de la primera clasificación, procediendo la divulgación de la información si antes del cumplimiento del periodo de restricción adicional dejaren de existir las razones que justificaban tal acceso restringido. El proceso de terminación de la restricción al acceso de la información opera de pleno derecho por el solo transcurso del tiempo, sin necesidad de resolución o acto administrativo alguno. En caso de que exista un documento que contenga en forma parcial información cuyo acceso se encuentre restringido en los términos de esta artículo, deberá proporcionarse el resto de la información que no esté exceptuada. | Art 14 of Law 6 of 2002: but this only applies to some categories on information. |
Peru | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | N/A | Expert says the first part of this is recognized in Art 17.1, 17.2, 17.3 of the regs |
Saint Kitts and Nevis | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 34 | Harm at time of request for most exceptions but only a few subject to overall time limits |
Sierra Leone | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 1. "historical record" means a record which was created twenty or more years before the coming into operation of this Act; | Information that was produced more than 20 years before the RTI law was passed is exempt unless the commission certifies there is an ongoing need to keep it confidential. Highly problematic - since it applies only to information produced before 1993, rather than to all information 20 years old or more - but still worth a point. |
Slovakia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 12 Terms of Limitation: \"The obliged person shall exercise any limitation of the right to information by making the requested information, including accompanying information, av ailable, after excluding the information stipulated by law. The entitlement to refuse the disclosure of in formation shall only last as long as the reason for non- disclosure exists.\" | |
South Africa | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 41(3) A record may not be refused in terms of subsection (1)(a)(iii) if it came into existence more than 20 years before the request. 44(3) A record may not be refused in terms of subsection (1) if the record came into existence more than 20 years before the request concerned. | Sunset clauses only in s. 41(3) and 44l. |
South Korea | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 7(2) "If the information falling under any of subparagraphs of paragraph (1) becomes suitable for disclosure due to the passage of time, etc.. the public agencies shall render such information available for disclosure." | 7.8.2 - disclosed once the exception no longer applies. |
South Sudan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | There is a sunset clause in 34(2), though it doesn't apply to all exceptions, and it lasts for 30 years, which is a bit long. | |
Sri Lanka | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 5(2) Notwithstanding the provisions of subsection (1), a request for information shall not be refused on any of the grounds referred to therein, other than the grounds referred to in paragraphs (a), (b), (d), (e), (f), (g), (h) and (j) of that subsection, if the information requested for is over ten years old. | There is an overall time limit, but only for a few exceptions, and no indication that exceptions cease to when the harm ceases. |
Taiwan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 19 A government agency shall accept the request of the government information that contains restricted contents as referred in Article 18 if there is a change in situation and it is no longer necessary to restrict the publication or refuse the provision of such information. | Art 19 states this, but without clear timelines. |
Tanzania | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 6(5) Unless the contrary is proved by the information holder, information shall be presumed not to be exempt if the information has been held for a period exceeding 30 years. | 30 year time limit. |
Thailand | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 25. Subject to section 14 and section 15, a person shall have the right to get access to personal information relating to him. When such person makes a request in writing, the State agency in control of such information shall allow him or his authorized representative to inspect or obtain a copy of the same. and section 9 paragraph two and paragraph three shall apply mutatis mutandis. In the case where there exists a reasonable ground to disclose a medical report relating to any person, State officials may disclose it only to doctors entrusted by such person. A person who considers that any part of personal information relating to him is incorrect shall have the right to make a request in writing to the State agency in control of such information to correct, alter or delete that part of information. The State agency shall consider the request and notify its result to such person without delay. In the case where the State agency fails to correct, alter or delete the information pursuant to the request. such person shall have the right to appeal to the Information Disclosure Tribunal within thirty days as from the date of the receipt of the notification of the order refusing t o correct, alter or delete the same. The appeal shall be submitted through the Board and, in any case, the person who is the subject of the information shall have the right to require the State official to attach his request to the relevant part of the information. Such persons as specified in the Ministerial Regulation shall have the right to take action under section 23, section 24 and this section on behalf of a minor, an incompetent person, a quasi-incompetent person or the deceased person who was the subject of the information. CHAPTER IV Historical information Section 26. A State agency shall deliver official information, which it does not wish to keep or which is kept beyond the period under paragraph two as from the date of completing such information, to the National Archives Division, Fine Arts Department or other State agencies as specified in the Royal Decree, in order that it is selected for public studies. The period of delivery of the official information under paragraph one shall be classified as follows: (1) in respect of official information under section 14, seventy-five years; (2) in respect of official information under section 15, twenty years. The period under paragraph two may be extended in the following cases: (1) where the State agency still needs to keep the official information for its own use; provided that, it shall be kept and made available for public studies as agreed upon with the National Archives Division, Fine Arts Department; (2) where State agency is of the opinion that such official information should not yet be disclosed; provided that, an order extending the period shall be issued for each particular case and such order shall also specify the length of extension which shall not exceed five years each. The inspection or review of the extension of time in excess of necessity shall be in accordance with the rules and procedure as prescribed in the Ministerial Regulation. The provisions of this section shall not apply to official information the destruction of which is required or allowed to be carried out by State agencies or Slate officials without need to keep it in accordance with the Rule prescribed by the Council of Ministers. | S. 26 there is a 20 year time limit for most exceptions, but it can be extended. |
Trinidad and Tobago | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | N/A | Sunset clauses are applied to a few of the exceptions |
Tunisia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Art. 24 - ... En cas de refus, le demandeur d’accès sera informé par une lettre motivée. L’effet de refus prend fin avec l’expiration des motifs exprimés par la réponse à la demande d’accès. Art. 28 - L’information inaccessible au sens de l’article 24 de la présente loi, devient accessible conformément aux délais et conditions prévus par la législation en vigueur relative aux archives. | No 20 year period but exceptions only apply for as long as the reasons remain pertinent. The delays in the Archives law are often very long. |
Uganda | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 32. Defence, security and international relations. (...) (2) A record may not be refused under subsection (l)(b) if it came into existence more than twenty years before the request. 33. Operations of public bodies. (...) (2) A record may not be refused under subsection (1) if the record came into existence more than ten years before the request concerned. | Sunset clauses apply to some, but not all categories of information. |
Ukraine | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 6.4 Information with limited access must be provided by the information administrator if there are no lawful grounds to restrict access to such information that have previously existed. | No time limit listed. The 6.4 rules requires restrictions to pre-date the request but this is not a current assessment rule. |
United Kingdom | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Section 63: "(1) Information contained in a historical record cannot be exempt information by virtue of section 28,30(1),32,33, 35,36,37(1)(a),42 or 43. (2) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section 28(3), 33(3), 36(3), 42(2) or 43(3). (3) Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created. (4) Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created. (5) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1)." | In the UK some material over 20 years old can be refused (1 point loss). |
United States | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | Executive Order 13526 establishes the mechanisms for most declassifications, within the laws passed by Congress. The originating agency assigns a declassification date, by default 10 years. After 25 years declassification review is automatic, with nine narrow exceptions that allow information to continue to be classified. At 50 years there are two exceptions, and classifications beyond 75 years require special permission. | |
Yemen | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 27: "Shall be established under the provisions of this law, the Office of the Commissioner General of Information has a legal personality and independence necessary for the exercise of his office functions. The office is allocated to a separate budget within the general budget of the state." | 27 contains a sunset clause of 30 years - a bit too long, but I'll give them the point. |
Zimbabwe | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 27(3) A record may not be refused in terms of subsection (1)(a)(ii) if it came into existence more than twenty years before the request. 30(3) Access to information may not be refused in terms of subsection (1) if the information came into existence more than twenty years before the request concerned. | Only two references to 20 years, for international relations (27(3)) and operations of public entities (30(3)). |
Angola | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 5(2): "The documents to which the preceding paragraph applies can be freely consulted, in terms of the present law, once they have been de classified or once the period of time provided for their classification has expired." | Art 5(2) contains a sunset clause for security info, but with no guidance on how it should be applied. Apparently the rule governing this has not yet been approved. |
Argentina | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Acceso A La Información Pública, Decree 206/2017. 8(a) a) El carácter reservado, confidencial o secreto de la información clasificada por razones de defensa, política exterior o seguridad interior debe ser dispuesto por normas que reglamenten el ejercicio de la actividad y por acto fundado de las respectivas autoridades competentes, de forma previa a la solicitud de información. En caso de no existir previsión en contrario, la información clasificada como reservada, confidencial o secreta mantendrá ese estado durante DIEZ (10) años desde su producción, transcurridos los cuales, el sujeto obligado deberá formular un nuevo análisis respecto de la viabilidad de desclasificar la información a fin de que alcance estado público. | The 10 year period is only mentioned for exception 8(a), state secrets related to defence and foreign policy |
Armenia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Australia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | This only applies to conditionally exempt documents. |
Austria | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 6 (1) Information shall not be intended for publication and shall not be made accessible upon request if and as long as this is… | No sunset clause. The reference to "as long as this is" in 6(1) suggests that information is to be released once an exception is no longer applicable, but this is not a sunset clause and in any case not clear enough to warrant a point. |
Bangladesh | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No sunset clauses. |
Belgium | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Belize | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No time limits are included in the exceptions. |
Benin | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Bosnia and Herzegovina | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Canada | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | See comments. | There are too few truly effective sunset clauses out of the numerous exceptions to warrant a point here -- only 16(1)(a), for which there are other very overlapping sections; s. 21(1), which is useful; s. 22.1(1), which is completely illegitimate in the first place; and s. 69(3)(a), which is useful (perhaps also arguably s. 69(3)(b)(ii). In May 2024, the Treasury Board of Canada Secretariat issued its Policy Guidance on the Disclosure of Historical Records under the Access to Information Act (https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information/access-informatio-policies-guidance/policy-guidance-disclosure-historical-records-access-information-act.html). This provides for certain recommended sunset clauses to be considered as a factor when deciding whether apply exceptions, but this does not establish firm rules here. |
Cape Verde | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Cook Islands | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No such clauses. |
Costa Rica | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Denmark | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Chapter 1, Section 3.2. "The minister concerned may stipulate that, after a certain number of years, a right of access shall be granted in respect of specified documents that are not otherwise subject to the right of access to administrative documents under this Act." | Article provides: "The Minister concerned may by Order provide that, after a specified term of years, right of access shall be granted in respect of specified documents that otherwise are not subject to the right of access to administration files as provided by this Act." |
Dominican Republic | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Ethiopia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 39(5) Information relating to any occurrence, event or matter which took place, occurred or happened more than twenty-five years before the date on which any request is made under Article 14 shall be provided to any person making a request under that article, provided that this sub-article shall not apply to the exceptions in articles 16, 17, 18 and 23. | 39(5) contains a limited sunset clause, but it only applies to certain exemptions and the period is too long. |
Fiji | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
France | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Greece | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Hungary | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Iran | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Ireland | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Israel | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No sunset clauses. |
Ivory Coast | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Japan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No time limits applied to exceptions. |
Jordan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 19 The Cabinet shall issue the rules required to put in place the Provisions of this Law, including the rule that fixes the protected documents that may be disclosed and kept for a period no less than thirty (30) years. | Article 19 has some vague wording about a 30 year time limit, but this is limited in its applicability. |
Kazakhstan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Kosovo | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Kuwait | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Kyrgyzstan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Lebanon | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Articles 8 and 9. | No specific overall list of exceptions. |
Lithuania | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Luxembourg | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Malta | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Moldova | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Mongolia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Montenegro | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Morocco | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Archives Law, Article 17. Le délai de trente ans au terme duquel les archives publiques sont librement communicables est porté à : 1 - Cent ans : a) à compter de la date de naissance de l'intéressé pour les documents comportant des renseignements individuels à caractère médical et pour les dossiers de personnel ; b) pour les minutes et répertoires des notaires et des adouls, les registres de l'état civil et de l'enregistrement. 2 - Soixante ans : a) à compter de la date de l'acte pour les documents dont la communication porterait atteinte : - au secret de la défense nationale ; - à la continuité de la politique extérieure du Maroc ; - à la sûreté de l'Etat, à la sécurité publique ou la sécurité des personnes ; - aux procédures juridictionnelles et aux opérations préliminaires à de telles procédures ; - à l'intimité de la vie privée. b) à compter de la date de recensement ou de l'enquête pour les documents contenant des renseignements individuels ayant trait à la vie personnelle et familiale et, d'une manière générale, aux faits et comportements d'ordre privé, collectés dans le cadre des enquêtes statistiques des services publics. | Secrecy periods of 60 or even 100 years |
Mozambique | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Namibia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Netherlands | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
New Zealand | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Niger | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Nigeria | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No sunset clauses |
Norway | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Palau | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned | |
Paraguay | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | |
Philippines | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | |
Poland | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Portugal | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Qatar | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned | |
Republic of Belarus | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned | |
Romania | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Russia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Rwanda | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | MINISTERIAL ORDER No. 005/07.01/13: Article 17: Information classified as "Top Secret, secret, confidential and restricted" shall be deemed classified respectively as follows: (1) Top Secret after a period of twenty five (25) years, (2) Secret after a period of twenty (20) years; (3) Confidential after a period of fifteen (15) years; (4) Restricted after a period of ten (10) years. However, the periods referred to in Paragraph One of this Article could be extended or reduced by competent classifying authorities. Classified information shall be automatically declassified upon the expiration of period referred to in Paragraph One of this Article unless these periods are extended or reduced by competent authorities. | The regulations mention this, but provide for indefinite extensions. |
San Marino | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 30(8). The limitations referred to in the present article cease once the documents have become consultable in accordance with the norms on the consultability of documents stored in the State Archives. | The legislation defers to the norms on state archives. There is no clause requiring earlier release. |
Saudi Arabia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Serbia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Seychelles | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Slovenia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | - | Some laws provide for this but it is not a general rule. Reviewer : In relation to the exemption of trade secrets, the Public Procurement Act states in Art. 22 that full documentation on awarded public procurement is public after the day of awarding the procurement (that means also potential trade secrets when information is public according to provisions of the Public Procurement Act and especially when the absolute positive exemption "the use of public funds" applies). Therefore, there is a provision that after a contract tender process decision has been taken, the information must be released. In every case, information on the use of public funds trumps the exemption of trade secrets (and most others). |
Spain | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | |
Sudan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 12(c) Secrets relating to national defense or state security, or its foreign policy if fifty years has not passed since their creation, | Only for defence, security and foreign policy and then 50 years |
Sweden | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Law is vague. Not specifically mentioned. | |
Switzerland | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
Tajikistan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | |
Togo | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Turkey | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
Uzbekistan | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Venezuela | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
Vietnam | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Article 6(1): When classified information is declassified, citizens shall have the right to access them under the provisions of this Law. | This does not meet the standards here because it does not apply whenever an exception cases to apply, only when classification does. No overall time limits. |
Zambia | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned |
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