By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 16(5) Where a request for information relates to information provided on a confidential basis by a third party, the institution shall contact that third party with a view to obtaining either his or her consent to disclosure of the information or objection to disclosure, provided that where he or she objects to disclosure, his or her objection shall be taken into account, but the decision as to whether or not the information falls within the scope of the prohibitions shall be assessed by the institution. | |
| Australia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 27 Consultation—business documents (1) This section applies if: (a) a request is made to an agency or Minister for access to a document containing information (business information) covered by subsection (2) in respect of a person, organisation or undertaking; and (b) it appears to the agency or Minister that the person, organisation or proprietor of the undertaking (the person or organisation concerned) might reasonably wish to make a contention (the exemption contention) that: (i) the document is exempt under section 47 (trade secrets etc.); or (ii) the document is conditionally exempt under section 47G (business information) and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5). (2) This subsection covers the following information: (a) in relation to a person—information about the person’s business or professional affairs; (b) in relation to an organisation or undertaking—information about the business, commercial or financial affairs of the organisation or undertaking. (3) In determining, for the purposes of paragraph (1)(b), whether the person or organisation concerned might reasonably wish to make an exemption contention because of business information in a document, the agency or Minister must have regard to the following matters: (a) the extent to which the information is well known; (b) whether the person, organisation or undertaking is known to be associated with the matters dealt with in the information; (c) the availability of the information from publicly accessible sources; (d) any other matters that the agency or Minister considers relevant. (4) The agency or Minister must not decide to give access to the document unless: (a) the person or organisation concerned is given a reasonable opportunity to make submissions in support of the exemption contention; and (b) the agency or the Minister has regard to any submissions so made. (5) However, subsection (4) only applies if it is reasonably practicable for the agency or Minister to give the person or organisation concerned a reasonable opportunity to make submissions in support of the exemption contention, having regard to all the circumstances (including the application of subsections 15(5) and (6) (time limits for processing requests)). (6) If the agency or Minister decides to give access to the document, the agency or Minister must give written notice of the decision to both of the following: (a) the person or organisation concerned; (b) the applicant. (7) However, the agency or Minister must not give the applicant access to the document unless, after all the opportunities of the person or organisation concerned for review or appeal in relation to the decision to give access to the document have run out, the decision to give access still stands, or is confirmed. (8) Subsections (6) and (7) do not apply unless the person or organisation concerned makes a submission in support of the exemption contention as allowed under paragraph (4)(a). (9) This section applies: (a) in relation to an edited copy of a document—in the same way as it applies to the document; and (b) in relation to a document containing business information—to the extent to which the document contains such information. | Similar provisions exist for documents where the affected third party is a private individual or a State of Australia: s. 27A Consultation—documents affecting personal privacy and s. 26A Consultation—documents affecting Commonwealth‑State relations etc. |
| Austria | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 10 (1) If the provision of information interferes with the rights of another person (§ 6 para. 1 subpara. 7), the competent body shall, if possible, hear that person before providing the information. If the person concerned has objected to the provision of the information or has not been heard and the information is nevertheless provided, he or she shall be notified in writing if possible. (2) If it is clear from the application (§ 7) that it not only concerns the private interests of the applicant, but also asserts a right to access to information in accordance with Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Federal Law Gazette No. 210/1958, or Art. 11 of the Charter of Fundamental Rights of the European Union, OJ No. C 83 of 30.03.2010 p. 389, the hearing or notification of the person concerned shall be omitted insofar as this is required on the basis of these provisions. Explanatory Note, Re § 10..."[N]o possibility" means that the body obliged to provide information should be obliged to consult to the extent that there are no factual obstacles to such consultation. Impossibility may also result from time constraints, because the deadlines provided for in this federal law must be observed. The obligation to be heard should depend in particular on whether the authority can establish contact with the person concerned within this timeframe and otherwise in a proportionate manner. Time-consuming research into who might be affected should not be required. Similarly, the hearing of a very large number of data subjects within the time limit provided may prove to be unmanageable and therefore "impossible". The person affected by the provision of information must be informed about the provision of the information (cf. the model provision of Section 7 para. 2 UIG). If they consider their fundamental right to data protection to have been violated as a result, they are free to lodge a complaint with the data protection authority (in accordance with Section 24 DSG in conjunction with Art. 77 GDPR). If, as part of the complaint, the complainant substantiates a significant impairment of their confidentiality interests worthy of protection through the processing of their personal data, the data protection authority can prohibit, partially prohibit or restrict the continuation of data processing with a mandate decision (see Section 57 para. 1 AVG) (Section 25 para. 1 in conjunction with Section 22 para. 4 DSG). The competence of the data protection authority to decide on a violation of the fundamental right to data protection should remain unaffected by the proposed hearing. | There is a process of consultation and the views of third parties only need to be taken into account. The timeline is a bit extended (4 + 4 weeks) but that is addressed under timelines. |
| Bangladesh | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 9(8): "Where an officer-in-charge thinks that the request made for information under sub-section (1) of section 8 is appropriate, and such information has been supplied by a third party or a third parties interest is involved in it and the third party has considered it as secret information, the officer-in-charge shall cause a notice to be served upon the third party with in 5(five) working days for written or oral opinion, and if the third party gives any opinion in response to such notice, the officer-in-charge shall take into consideration such opinion and make a decision in respect of providing information to the applicant." | |
| Bulgaria | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 31(1) The time period set in art. 28, sub-art. 1 may be extended with not more than 14 days also where the requested information is a matter of concern to a third party and his/her consent is needed for its disclosure. (2) In the cases under sub.art. 1, the respective body shall seek the explicit written consent of the third party within 7 days as from the registration of the application under art. 24. (3) When it takes the decision under art. 28, sub-art. 2, the respective body shall be obliged to comply strictly with the conditions under which the third party has consented to the disclosure of the information that concerns him/her. (4) (Amended, SG No. 104/2008) In the absence of consent by the third party within the term specified in sub-art. 1 or in case of explicit refusal by the third party to give its consent, the respective body shall disclose the requested public information in scope and in a manner so as not to disclose the information concerning the third party. (5) (Amended, SG No. 104/2008) The consent of the third party is not required when it is a responsible person and the information concerned is a public information under this act, as well as in case there is overriding public interest in its disclosure. | According to Art.31 of AIPA third parties should be consulted in all cases if their rights are affected and they are not subjects to APIA themselves. This applies also to information provided by them. They may order veto, but it is subject to overriding public interest test. |
| Chile | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | ARTICLE 20. Cuando la solicitud de acceso se refiera a documentos o antecedentes que contengan información que pueda afectar los derechos de terceros, la autoridad o jefatura o jefe superior del órgano o servicio de la Administración del Estado, requerido, dentro del plazo de dos días hábiles, contado desde la recepción de la solicitud que cumpla con los requisitos, deberá comunicar mediante carta certificada, a la o las personas a que se refiere o afecta la información correspondiente, la facultad que les asiste para oponerse a la entrega de los documentos solicitados, adjuntando copia del requerimiento respectivo. Los terceros afectados podrán ejercer su derecho de oposición dentro del plazo de tres días hábiles contado desde la fecha de notificación. La oposición deberá presentarse por escrito y requerirá expresión de causa. Deducida la oposición en tiempo y forma, el órgano requerido quedará impedido de proporcionar la documentación o antecedentes solicitados, salvo resolución en contrario del Consejo, dictada conforme al procedimiento que establece esta ley. En caso de no deducirse la oposición, se entenderá que el tercero afectado accede a la publicidad de dicha información. | |
| China | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 32 Where disclosure of open government information by application will harm the lawful rights and interests of third parties, administrative organs shall solicit the opinions of the third parties in writing. Third parties shall submit comments within 15 working days of receiving the written solicitation of opinions. Where third parties do not submit comments in the time provided, the administrative organs are to decide whether to disclose in accordance with the provisions of this Regulation. Where third parties do not consent to disclosure and have a reasonable reason, the administrative organs are not to disclose. Where administrative organs find that non-disclosure might have a major impact on public interests, the may decide to disclose, and inform third parties in writing of the content and grounds for the decision to disclose the government information. 33 . . . The time needed for administrative organs to seek the opinions of third parties and other organs is not be counted against the time limit provided in the preceding paragraph. 34 Where applications for disclosure are for government information jointly created by two or more administrative organs, the administrative organ that led the creation may solicit the opinions of relevant administrative organs after it receives the open government information application; and the organs whose opinions are being solicited are to submit comments within 15 working days of receiving the written solicitation of opinions, where comments are not submitted within the time provided, it is viewed as consent to disclosure. | |
| Cyprus | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | "Article 39 (Code of Practice) 39(1) Με σκοπό την παροχή πρακτικής καθοδήγησης σε σχέση με τις υποχρεώσεις που επιβάλλονται σύμφωνα με τις διατάξεις του παρόντος Νόμου και Κανονισμών που εκδίδονται με βάση αυτόν και ειδικότερα σε σχέση με την άσκηση των αρμοδιοτήτων που παρέχονται σε δημόσιες αρχές δυνάμει των διατάξεων του Μέρους ΙΙ, ο Επίτροπος ετοιμάζει και δημοσιεύει κώδικες πρακτικής, τους οποίους δύναται να αναθεωρεί, να τροποποιεί ή να αποσύρει. (2) Κώδικες πρακτικής που εκδίδονται δυνάμει των διατάξεων του εδαφίου (1) δύναται να περιλαμβάνουν διαφορετικές πρόνοιες για διαφορετικές δημόσιες αρχές. (3) Κώδικας πρακτικής που εκδίδεται δυνάμει των διατάξεων του εδαφίου (1) περιλαμβάνει πρόνοιες αναφορικά με - (α) Την παροχή συμβουλών και βοήθειας από δημόσιες αρχές σε πρόσωπα που σκοπεύουν να υποβάλουν ή έχουν υποβάλει αίτηση παροχής πληροφοριών, (β) τη διαβίβαση αιτημάτων παροχής πληροφοριών από μία δημόσια αρχή σε άλλη δημόσια αρχή η οποία κατέχει ή δυνατό να κατέχει τις ζητούμενες πληροφορίες, (γ) τη διαβούλευση με πρόσωπα με τα οποία σχετίζονται οι ζητούμενες πληροφορίες ή πρόσωπα των οποίων τα συμφέροντα πιθανόν να επηρεαστούν από την αποκάλυψη των πληροφοριών, (δ) τη συμπερίληψη σε συμβάσεις που συνομολογεί δημόσια αρχή όρων που αφορούν την αποκάλυψη πληροφοριών, και (ε) την ακολουθητέα διαδικασία από δημόσιες αρχές για την αντιμετώπιση παραπόνων αναφορικά με τη διαχείριση αιτημάτων παροχής πληροφοριών από αυτές. " | The Information Commissioner will determine the exact regulations around this |
| El Salvador | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | ARTICLE 24 Es información confidencial: a. La referente al derecho a la intimidad personal y familiar, al honor y a la propia imagen, así como archivos médicos cuya divulgación constituiría una invasión a la privacidad de la persona. b. La entregada con tal carácter por los particulares a los entes obligados, siempre que por la naturaleza de la información tengan el derecho a restringir su divulgación. c. Los datos personales que requieran el consentimiento de los individuos para su difusión. d. Los secretos profesional, comercial, industrial, fiscal, bancario, fiduciario u otro considerado como tal por una disposición legal. Los padres, madres y tutores tendrán derecho de acceso irrestricto a la información confidencial de los menores bajo su autoridad parental. ARTICLE 63 El solicitante tendrá derecho a efectuar la consulta directa de información pública dentro de los horarios de atención general del ente obligado correspondiente. Se permitirá la consulta directa de los datos o registros originales en caso que no se hallen almacenados en algún medio magnético, digital, microfichas y que su estado lo permita. Bajo ninguna circunstancia se prestará o permitirá la salida de registros o datos originales de los archivos en que se hallen almacenados. Los entes obligados deberán asesorar al solicitante sobre el servicio de consulta directa de información pública. | Article 24 and 63 contain a consultation mechanism, a time frame and an appeal. |
| Germany | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Section 8(2) The decision pursuant to Section 7(1), sentence 1 shall be provided in writing and shall also be notified to the third party. The information may only be accessed when the decision is final and absolute in relation to the third party or if immediate enforcement has been ordered and a period of two weeks has elapsed since notifying the third party of the order. Section 9(4) shall apply mutatis mutandis. | The law contains a provision for notifying third parties and giving them the opportunity to object; clear timeframes are established. |
| Greece | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 6(1) Before any action or measure against the rights or interests of a specific person, the administrative authorities are obliged to invite the interested party to express his/her opinion, in writing or orally, concerning the relevant issues. | |
| Guyana | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 34(1) A document is an exempt document if its disclosure under this Act would disclose information acquired by a public authority from a business, commercial or financial undertaking, and - (a) the information relates to trade secrets or other matters of a business, commercial or financial nature; (b) the disclosure of the information under this Act would be likely to expose the undertaking to disadvantage; or (c) the disclosure of such information would prejudice the competitive position of the public authority or interfere with contractual or other negotiations of the public authority. (2) In deciding whether disclosure of information would expose an undertaking to disadvantage, for the purposes of subsection (1)(b) the Commissioner of Information may take account of any of the following considerations - (a) whether the information is generally available to competitors of the undertaking; (b) whether the information would be exempt information if it were generated by a public authority; (c) whether the information could be disclosed without causing substantial harm to the competitive position of the undertaking; (d) whether there are any considerations in the public interest in favour of disclosure which outweigh considerations of competitive disadvantage to the undertaking, for instance, the public interest in evaluating aspects of regulation by a public authority of corporate practices or environmental controls, and of an.y consideration or considerations which in the opinion of the public authority is or are relevant; and (e) whether the information would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair the ability of the Government or the public authority to obtain similar information in the future. (3) Prior to making a determination under subsection (1) as to whether the disclosure of information would expose an undertaking to disadvantage, the Commissioner of Information shall notify the undertaking which has supplied the relevant document or documents that the Commissioner of Information has received a request for access to the document and shall - (a) seek the undertaking's view as to whether disclosure should occur; and (b) notify the undertaking where the Commissioner of Information after consultation has decided to disclose the document and in such a case notify the undertaking of the right to apply to the High Court for judicial review of the decision. (4) A document is an exempt document if - (a) it contains the results of scientific or technical research undertaken by a public authority, and - (i) the research could lead to a patentable invention; (ii) the disclosure of the results in an incomplete state under this Act would be reasonably likely to expose a business, commercial or financial undertaking unreasonably to disadvantage; (iii) the disclosure of the results before the completion of the research would be reasonably likely to expose the public authority unreasonably to disadvantage; or (b) it is an examination paper, a paper submitted by a student in the course of an examination, an examiner's report or similar document and the use or uses for which the document was prepared have not been completed. 40(1) Where the Commissioner of Information intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Commissioner of Information shall, within fourteen days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Commissioner of Information may consider disclosing the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Commissioner of Information under subsection (1) to a third party in respect of any information or record or part thereof, the third party shall, within twenty-one days from the date of receipt of such notice, be given the opportunity to make representation to the Commissioner of Information. | 34 and 40 have consultations - which fall within the original timeframe. |
| India | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. (4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision. | |
| Israel | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 13(1) If the information requested includes particulars about a third party, the disclosure of which is liable to harm the third party, and the authority is considering providing the requested information to the applicant, the authority shall notify the third party in writing that such a request has been filed, and of the third party's right to oppose the disclosure of the information, and will also inform the applicant that this has been done; if a person has received this notification, he is entitled within 21 days to notify the authority of his opposition to the request, giving as his grounds that under the stipulations of Section 9, or under the stipulations of any law, the information should not be provided. These 21 days shall not be counted as a part of the time periods mentioned in Section 7. (2) If the public authority decides to reject the third party's objection, it will provide him with its annotated decision in writing, and inform him of his right under this law to appeal this decision. (3) Regardless of the provisions in Section 7(b), the authority shall not provide the information to the applicant before the period for filing an appeal has passed, or before it is decided to reject the appeal, whichever is relevant, unless the objecting third party provides written notification of a waiver of his right to file such an appeal. | |
| Italy | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 5(5) Without prejudice to the cases of compulsory publication, if the recipient (administration) of the application identifies parties, if any, that may oppose to the publication, pursuant to article 5-bis, paragraph 2, of the law, it shall notify any such party thereof by sending a copy of the application by registered letter with acknowledgment of receipt, or by telematics means to those who have given their consent to this kind of communication. Within ten days from the date of receipt of such notice, said parties may submit, also by telematic means, a reasoned statement of opposition to the access application. From the date on which the notice is sent to the aforesaid parties, the term under paragraph 6 is suspended until an opposition, if any, is received from the latter. Upon expiry of said term, and after having acknowledged receipt of such communication, the public administration shall process the request. | |
| Japan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 13 (Granting a Third Party an opportunity to submit a written opinion, Etc.) (1) When information concerning a person other than the State, an Incorporated Administrative Agency, etc., a local public entity, a Local Incorporated Administrative Agency and the Disclosure Requester (hereinafter referred to as a "Third Party." in this Article, Article 19, and Article 20) is recorded in the Administrative Documents pertaining to a Disclosure Request, the head of an Administrative Organ, when making Disclosure Decisions, etc., may notify the Third Party pertaining to the information of an indication of the Administrative Documents pertaining to the Disclosure Request and other matters designated by a Cabinet Order, and may grant him or her an opportunity to submit a written opinion. (2) In the cases that fall under any of the following items, before making a Disclosure Decision, the head of an Administrative Organ shall notify the Third Party in writing of an indication of the documents pertaining to the Disclosure Request and other matters designated by a Cabinet Order, and shall grant him or her an opportunity to submit a written opinion; provided, however, that this shall not apply to the case that the Third Party's location is unknown. (i) When the Administrative Documents in which information concerning a Third Party is recorded are to be disclosed, and when it is found that the said information falls under the information prescribed in Article 5, item 1, (b) or in the proviso of item 2 of the same Article. (ii) When the Administrative Documents in which information concerning a Third Party is recorded are to be disclosed pursuant to the provision of Article 7. (3) In the case that the Third Party who was granted an opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs submits a written opinion manifesting the intention of opposition to disclosure of the Administrative Documents concerned, the head of the Administrative Organ, when making a Disclosure Decision, shall place at least two weeks between the day of the Disclosure Decision and the day that disclosure will be implemented. In this case, upon making the Disclosure Decision the head of the Administrative Organ shall immediately notify the Third Party who submitted the written opinion (referred to as a "Written Opposition Opinion" In Article 18 and 19) in writing to the effect that the Disclosure Decision was made and the grounds for its decision, and the date of implementation of disclosure. | Clear mechanism in Article 13. |
| Malawi | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 20. (1) Where an information holder determines that a request for access to information relates to confidential or commercial interests of a third party, the information holder shall notify the third party in writing of the details of the request. (2) The third party shall within ten working says from the date of receipt of the notice respond to the notice in subsection (1) in writing and indicate whether he considers the information to be confidential and give reasons why the information should not be disclosed. (3) If, based on the response in subsection (2), the information holder determines that harm is in all likelihood bound to occur to the third party, the information holder shall not disclose the information. | |
| Malta | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Section 6 of the Code of Practice. | |
| Mexico | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 120. For regulated entities to allow access to confidential information they need to obtain the consent of the holders of that information. The consent of the holder of the confidential information shall not be required when: I. The information is contained in public records or publicly available sources; II. It is public by law; III. There is a court order; IV. For reasons of national security and general health, or to protect the rights of third parties, its publication is required, or V. When it is shared between regulated entities and between them and the subjects of international law, in terms of the treaties and interagency agreements, provided the information is used to exercise the powers of those subjects. For purposes of section IV of this article, the Guarantor Agency must apply the public interest test. In addition, it must substantiate a clear connection between the confidential information and a subject of public interest, and the proportionality between the invasion of privacy caused by the disclosure of the con dential information and the public interest of the information. Article 150: The Guarantor Agencies will resolve the motion for review according to the following: III. Within the period referred to in Section II of this Article, the parties may o er all types of evidence or arguments except the confessional by the regulated entities and those that are contrary to law; IV. The Commissioner speaker may decide to hold hearings with the parties during the substantiation of the motion for review; VII. Once the closing order is decreed, the Record will go to resolution, within a period not exceeding twenty days. | |
| Morocco | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 9. Sous réserve des dispositions de l'article 7 ci-dessus, si la demande porte sur des informations déposées par un tiers auprès d'une institution ou d'un organisme concerné, à condition de maintenir leur confidentialité, l'institution ou l'organisme en question est tenu, avant de fournir les informations demandées, d'obtenir le consentement dudit tiers quant à leur délivrance. En cas de réponse négative du tiers, l'institution ou l'organisme concerné décide de la divulgation ou du refus de divulgation des informations, en prenant en considération les arguments présentés par ce tiers. | |
| Namibia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 37(4) If the request for access to information is granted under subsection (2) or (3), the notice referred to in that subsection must state - (c) that, if the information requested contains third party information, information is not released until such time - (i) any right of the third party to review the granting of access to the information has expired; or (ii) any review lodged by the third party has been determined; 38(1) If an information officer considers a request for access to information that contains - (a) personal information of a natural third party; or (b) commercial or confidential information of a third party, the information officer must, within seven days of receipt of the request, take reasonable steps to notify in writing - (i) the third party to whom the information relates; or (ii) if the third party is deceased, the executor of the deceased estate, the next of kin or legal representative of the third party. (2) Subject to subsection (9), the notice referred to in subsection (1) must include the - (a) nature of the request and the content of the information; and (b) information that - (i) the third party may consent to the release of the information or make a representation as to why access to the information should not be granted in accordance with subsection (3); (ii) if the third party does not make a representation as to why access to the information should not be granted, access must be granted; (iii) the information officer may grant or refuse the request even if the third party makes a representation under subsection (3); and (iv) if the information officer decides to release the information, the third party may lodge an application for review of the decision under section 48. (3) Subject to subsection (4), a third party may, within 14 days of being informed of a request under subsection (1) - (a) inform the information officer, orally or in writing, that he or she consents to the release of the information to the requester; or (b) make a representation to the information officer, orally or in writing, stating why the request for access to the information should not be granted. (4) If consent is given or a representation is made orally under subsection (3), the information officer must reduce the consent or representation to writing and provide a copy of the consent or representation to the third party. (5) If a third party - (a) does not provide a response under subsection (3); or (b) cannot be located after reasonable steps have been taken to do so, after 14 days of the request, the information officer must - (i) assume that the third party does not object to the granting of access to information to the requester; and (ii) if the third party cannot be located, prepare and sign an affidavit stating all steps taken to locate the third party, and retain such affidavit and grant access. (6) On determining whether to grant the requester access to the personal, commercial or confidential information of the third party, the information officer must notify the third party in writing of the decision within seven days. (7) If the third party objected to the granting of access and the information officer has granted the request for access, the notice referred to in subsection (6) must state - (a) the reasons for granting the request; (b) that the third party may apply for a review of the decision in accordance with section 48 within 14 days of receipt of the notice; and (c) that the requester will be granted access to the information, unless an application for review is lodged within 14 days of receipt of the notice. (8) If an information officer considers a request - (a) to which the information officer must respond to within 48 hours as required by section 37(3); and (b) that contains personal information of a natural third party or commercial or confidential information of a third party, the information officer must take reasonable steps to notify the third party to whom the information relates. (9) The notification referred to in subsection (8) must be in writing, and the notification must state - (a) the nature of the request and the content of the information; (b) the name of the requester; and (c) whether the information officer may or may not release the information to the requester. (10) If an information officer complies with subsection (8) but the third party cannot be located or fails to make his or her representation within 48 hours stating why the request should not be granted, the information officer must - (a) decide on the request with or without a representation being made; or (b) in the case where the request for access is granted, if appropriate, consider severing any portion that contains third party information from the information. 66(1) Subject to subsection (2), an information officer may not grant a request for access to information if the disclosure of the information - (a) would involve the disclosure of personal information about a natural third party, including a deceased individual; (b) would constitute a breach of duty of confidence owed to a third party in terms of an agreement; or (c) contains information that was supplied in confidence by a third party the disclosure of which could reasonably be expected to prejudice the future supply of - (i) similar information; or (ii) any information from the same source, and it is in the public interest that similar information or information from the same source should continue to be supplied. (2) An information officer must grant a request for access to information contemplated in subsection (1) if - (a) the third party does not make a representation under section 38(3) stating why access to the information should not be granted; (b) the third party consents to the disclosure; (c) the information relates to the physical or mental wellbeing of an individual who is under the care of the requester and who is - (i) under the age of 18 years; or (ii) incapable of understanding the nature of the request, and giving access would be in the interest of the individual; (d) the information is about a deceased individual and the requester is - (i) the next of kin or legal representative of the deceased; (ii) making the request with the written consent of the next of kin or legal representative of the deceased; (iii) the executor of the estate of the deceased; or (iv) the trustee of a trust which can benefit from the estate of the deceased; (e) the information relates to the position or functions of an individual who is or was an official of the information holder or any other public or private entity; or (f) the information was supplied to the information holder by the individual to whom it relates and the individual was informed by or on behalf of the information holder, before it was given that the information belongs to a class of information that would or might be made available to the public. | Procedures allow for extensions but not beyond the time for extensions also allowed for other instances of extensions (14 days), so this is considered within the original time frame |
| Norway | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Public Administration Act § 16. (advance notification) "A party who has not already expressed his opinion on the case through an application or by other means shall be notified before an administrative decision is made and be given an opportunity to express his opinion within a stipulated time limit. If a minor over 15 years of age is a party to the case and is represented by a guardian, this provision shall also apply to the minor himself. The time limit runs from the day on which the notification is dispatched unless otherwise expressly stated. The advance notification shall explain the nature of the case, and otherwise contain such information as is considered necessary to enable the party to protect his interests in a proper manner. Normally, such advance notification shall be in writing. The advance notification in writing may be given by means of electronic communication when the recipient has explicitly approved of this method and has stated the electronic address that is to be used for such a purpose. Should it be especially burdensome to provide notification in writing, notification may be given orally or in some other way. Advance notification may be omitted if: a) such notification is not practicable or would entail a risk that the administrative decision cannot be implemented, b) the party has no known address and tracing him would require more time or effort than is reasonable having regard to the party's interests and to the significance of the notification, c) the party concerned has already been informed by other means of the impending administrative decision and has had reasonable opportunity and time to express an opinion, or if such notification for other reasons is considered to be obviously unnecessary." | |
| Seychelles | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 33(1) If an Information Officer is considering a request for access to personal information of a natural third party or commercial or confidential information of a third party, the Information Officer shall take reasonable steps to inform the third party to whom or which the information relates or, where the third party is deceased, the next of kin or legal representative of the third party, in writing of the request as soon as reasonably possible, but in any event within eight days after the request is received. (2) Subject to subsection (7), when informing the third party under subsection (1), the Information Officer shall include in the notice— (a) the nature of the request and the content of the information; (b) that the third party may consent to the release of the information or make a representation as to why access to the information should not be granted in accordance with subsection (3); (c) that if the third party does not make a representation as to why access to the information should not be granted, access will be given; (d) that the Information Officer may give access after considering the representation under subsection (3) on merits; and (e) that if the Information Officer determines to release the information, the third party may apply for review under section 34. (3) Subject to subsection (8), within 10 days of being informed of a request under subsection (1), a third party may— (a) inform the Information Officer in writing that he or she consents to the release of the information to the requester; or (b) make a representation to the Information Officer in writing stating why the request for access to the information should not be granted. (4) Where a third party does not provide a response under subsection (3) within 10 days of receipt of the intimation or cannot be located after reasonable steps have been taken to do so, the Information Officer may assume that the third party does not object to the information being granted to the requester. (5) On determining whether to grant the requester access to the personal or commercial or confidential information of the third party, the Information Officer shall notify the third party in writing of the decision as soon as possible, but in any event within three days after the decision. (6) If the Information Officer has granted the request for access in circumstances where the third party objected to the granting of access, the notice referred to in subsection (5) shall state (a) the reasons for granting the request; (b) that the third party may apply for a review of the decision under section 34 within 10 days of receipt of the notice; and (c) that the requester will be granted access to the information unless an appeal is lodged within the 10-day period. (7) If the Information Officer is considering a request which the Information Officer shall respond to within 48 hours under section 11(2) and that information contains personal information of a natural third patty or commercial or confidential information of a third party, the Information Officer shall take reasonable steps to inform the third party to whom or which the record relates, in writing, of (a) the nature of the request and the content of the information; (b) the name of the requester; and (c) whether the Information Officer released the information to the requester. (8) Where an Information Officer shall respond to a request within 48 hours under section 11(2), a third party shall not have the right to make a representation to the Information Officer stating why the request should not be granted. | |
| Slovenia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Reviewer : Access to Public Information Act explicitly refers to the use of the General Administrative Procedure Act for the questions which are not governed by this Act. This is an absolute rule with all administrative procedures, enacted in the General Administrative Procedure Act. The latter provides for clear rules about engaging third party intervenes in the procedure (if they wish to protect their legitimate interests they can join in the administrative procedure) and consulting their opinion. The decision on the release of information, concerning interveners, is in full discretion of the body (they do not have the power of veto). In Slovenian legislation, such questions, common to all administrative procedures, would not be enacted in the RTI law, but General Administrative Procedure Act. | |
| South Africa | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 47. (1) The information officer of a public body considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1) must take all reasonable steps to inform a third party to whom or which the record relates of the request. (2) The information officer must inform a third party in terms of subsection (1)— (a) as soon as reasonably possible, but in any event, within 21 days after that request is received or transferred; and (b) by the fastest means reasonably possible. (3) When informing a third party in terms of subsection (1), the information officer must— (a) state that he or she is considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be, and describe the content of the record; (b) furnish the name of the requester; (c) describe the provisions of section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be; (d) in any case where the information officer believes that the provisions of section 46 might apply, describe those provisions, specify which of the circumstances referred to in section 46(a) in the opinion of the information officer might apply and state the reasons why he or she is of the opinion that section 46 might apply; and (e) state that the third party may, within 21 days after the third party is informed—(i) make written or oral representations to the information officer why the request for access should be refused; or (ii) give written consent for the disclosure of the record to the requester. (4) If a third party is not informed orally of a request for access in terms of subsection (1), the information officer must give a written notice stating the matters referred to in subsection (3) to the third party. 48. (1) A third party that is informed in terms of section 47(1) of a request for access, may, within 21 days after the third party has been informed— (a) make written or oral representations to the information officer concerned why the request should be refused; or (b) give written consent for the disclosure of the record to the requester concerned. | |
| Spain | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Artículo 19 (Tramitación): 3. Si la información solicitada pudiera afectar a derechos o intereses de terceros, debidamente identificados, se les concederá un plazo de 15 días para que puedan realizar las alegaciones que estimen oportunas. El solicitante deberá ser informado de esta circunstancia, así como de la suspensión del plazo para dictar resolución hasta que se hayan recibido las alegaciones o haya transcurrido el plazo para su presentación. Artículo 20 (Resolución): 2. Serán motivadas las resoluciones que denieguen el acceso, las que concedan el acceso parcial o a través de una modalidad distinta a la solicitada y las que permitan el acceso cuando haya habido oposición de un tercero. | |
| Sri Lanka | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Section 29. (1) Where a request made to an information officer by any citizen to disclose information which relates to, or has been supplied by a third party and such information has been treated as confidential at the time the information was supplied, the information officer shall, within one week of the receipt of such request, invite such third party by notice issued in writing, to make representation for or against such disclosure, within seven days of the receipt of the notice. (2) An information officer shall be required in making his decision on any request made for the disclosure of information which relates to or has been supplied by a third party, to take into consideration the representations made by such third party under subsection (1), and shall, where the third party- (a) does not respond to the notice, disclose information requested for; (b) responds to the notice and agrees to the disclosure of the information requested for, disclose such information; (c) responds to the notice and refuses to the disclosure of the information requested for, deny access to the information requested for: Provided however, the Commission may on the application made in that behalf by the citizen making the request, direct the disclosure of the information in question notwithstanding any objections raised by such third party against its disclosure, where the release of the information concerned demonstrably outweighs the private interest in non disclosure. | |
| Switzerland | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 11 (Consultation): "1. Should an application be made for access to official documents which contain personal data, and which the authority is considering granting, it shall consult the person concerned and afford him the opportunity to submit comments within ten days. 2. The authority shall then inform such consulted person of the position it intends to take concerning the application for access." Article 13 (Mediation). Section 1: "A request for mediation may be filed by any person: a. whose access to official documents has been limited, deferred or denied; b. whose application was not decided by the authority within the deadline; c. who was consulted pursuant to Art. 11, should t he authority intend granting access contrary to his disapproval. [...]" ORDINANCE ON FREEDOM OF INFORMATION IN THE ADMINISTRATION. Article. 6 (Evaluation of conflicts of interest between the protection of thirdparty privacy and the public interest): "1. Where it becomes apparent in the evaluation of an application for access that the public interest in obtaining such access would prejudice a third party’s right to the protection of privacy, the competent authority may, by way of an exception, grant access after having weighed up these interests against one another. 2 The public interest in gaining access shall outweigh the right to privacy where, in particular: a. the granting of access to a document serves a specific public interest in obtaining such information, particularly due to important events; b. the granting of access serves to protect a specific public interest, and in particular the protection of public order and security and the protection of public health; or c. the person whose privacy could be prejudiced by access to an official document has a legal or factual relationship with an authority subject to the Freedom of Information Act which affords him significant benefits." | |
| Taiwan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 12 (...) If the information referred to in paragraph 1 involves the right of a particular person, legal person or group, the government agency shall notify the particular person, legal person or group to make a comment within ten days, except that the particular person, legal person or group had agreed to provide or make available to the public. If the location of the particular person, legal person or group referred to in paragraph 2 is unknown, the government agency shall announce the content of notification in public. If the particular person, legal person or group referred to in paragraph 2 make no comment within ten days, the government agency shall determine without consulting anyone. | Art 12 |
| Tanzania | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Section 15(1) An information holder dealing wih a request for acces to information shall take all reasonable steps to notify any third party to whom or which any record containing the information requested relates. (2) The information holder acting under subsection (1) shall, within three days after the request is received, notify the third party. (3) Notification under subsection (2) shall: (a) state that the information holder is in receipt of the request for access to information; (b) describe the content of the request for access to information; (c) furnish the particulars of the person requesting information to the satisfaction of the information holder; and (d) inform the third party of the obligation to provide information (4) The provision of this Act relating to the request for access to information shall apply mutatis mutandis to the third party who received the notice under subsection (1). See also Regulation 8. | The law is not very clear but seems to be a system for consulting with third parties (says they have the rights of requesters but this does not quite work here because they need different rights). But this is clarified in the Regulations. |
| Trinidad and Tobago | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 30. (3) Where a request by a person other than a person referred to in subsection (2) is made to a public authority for access to a document containing personal information of any individual (including a deceased individual) and the public authority decides to grant access to the document, the public authority shall, if practicable, notify the individual who is the subject of that information (or in the case of a deceased individual, that individual's next-of-kin) of the decision and of the right to apply to the High Court for judicial review of the decision and the time within which the application for review is required to be made. | |
| Tunisia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Art. 20 - Lorsque l’information demandée a été fournie, à titre confidentiel, par un tiers à l’organisme, ce dernier est tenu, après information du demandeur, de consulter le tiers en vue d’obtenir son avis motivé, quant à la diffusion partielle ou totale de l’information, et ce, dans un délai maximum de trente (30) jours à compter de la date de réception de la demande d’accès par lettre recommandée avec accusé de réception. L’avis du tiers est contraignant pour l’organisme concerné. Le tiers doit présenter sa réponse dans un délai de quinze (15) jours à compter de la date de réception de la demande de consultation. Le défaut de réponse dans les délais précités, vaut accord tacite du tiers. | |
| United Kingdom | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Section 45 (Statutory code of practice issued under Section 45 of the Act, Part IV, Consultation with third parties) | Its also well established under guidance and case law that third parties who are consulted have no right of veto over disclosure. |
| United States | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | The mechanism of consultation, though not embodied in FOIA, is firmly part of the process by virtue of Executive Order 12600, in place for almost 25 years and incorporated in all agency regulations. | |
| Andorra | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 1 | "Article 14: 4. If the information requested affects the rights or interests of duly identified third parties, they shall be granted a period of fifteen working days so that they can make the allegations they deem appropriate. The the applicant must be informed of this circumstance, as well as of the suspension of the period for issue a resolution until the allegations of the third parties have been received or until the deadline has elapsed to make them." "Article 14: 4. Si la informació sol·licitada afecta drets o interessos de tercers degudament identificats, se’ls ha de concedir un termini de quinze dies hàbils perquè puguin realitzar les al·legacions que estimin oportunes. La persona sol·licitant ha de ser informada d’aquesta circumstància, així com de la suspensió del termini per dictar resolució fins que s’hagin rebut les al·legacions dels tercers o fins que hagi transcorregut el termini per efectuar-les." | |
| Canada | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | See comments. | Sections 27, 28, and 44 create a consultation and appeals procedure for certain types of third party information, which can lengthen the process if the third party exercises the right to appeal (see s. 28(4)). |
| Cook Islands | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 20. Duty to consider consulting person if request likely to be refused under section 18(e) or (f) - If a request is likely to be refused under section 18(e) or (f), the Ministry, Minister of the Crown, or organisation must, before that request is refused, consider whether consulting with the person who made the request would assist that person to make the request in a form that would remove the reason for the refusal. | Art 20 has something along these lines - but is not binding and lacks the necessary clarity. |
| Dominican Republic | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | ARTICLE 19. Cuando el acceso a la información dependa de la autorización o consentimiento de un tercero protegido por derechos de reservas o de autodeterminación informativa en los términos de los Artículos 2 y 16 de esta ley, podrá entregarse la información cuando haya sido dado el consentimiento expreso por parte del afectado. Este consentimiento también podrá ser solicitado al afectado por la administración cuando así lo solicite el peticionario o requeriente. Si en el plazo de quince (15) días o de veinticinco (25) días, en el caso que se haya optado por la prórroga excepcional, no hay demostración frente a la administración requerida de que se haya dado el consentimiento al que se refiere este artículo, se considerará, para todo efecto legal, que dicho consentimiento ha sido denegado. | Art 19 - some procedures are in place, but the 3rd party maintains veto power over the information's release. |
| Estonia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 14. Requirements applicable to requests for information "(2) If a person requests information which contains restricted personal data concerning him or her or third persons, the holder of information shall identify the person making the request for information. If a person requests restricted private personal data concerning a third person, he or she shall inform the holder of information of the basis and purpose of accessing the information." | |
| Ethiopia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 19 Where a pubic relation officer intends to disclose any information or record, or part thereof, on a request made under this Proclamation which relates to, or has been supplied by a third party and has been treated as confidential by the third party, he shall, within 15 days from the receipt of a request, give written notice to such third party of the request and of the fact that he intends to disclose the information or record or part thereof unless he make his protest against the proposed disclosure within 15 days from the date of the issuance of the notice. Any failure to lodge such an objection shall result in bringing about the effects of Article 15(2) (b) and Article 16(2) (b) of this Proclamation. | Art 19 has some procedure - but this seems like it's at the discretion of the authority whether or not to contact the 3rd party. |
| Finland | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | [Administrative Procedure Act] Article 34(1) Before the matter is decided, a party shall be reserved an opportunity to express an opinion on the matter and to submit an explanation on the demands and information which may have an effect on its decision. (2) A matter may be decided without hearing the party, if: (1) the demand is ruled inadmissible or immediately rejected as groundless; (2) the matter pertains to admission to service or to voluntary education or training; (3) the matter pertains to the granting of a benefit on the basis of the personal characteristics of the applicant; (4) hearing may jeopardize the objectives of the decision or the delay in the consideration of the matter arising from the hearing causes a significant hazard to public health, public safety or the environment; or (5) the demand, which does not concern other parties, is approved or the hearing is for another reason obviously unnecessary. | No mention about timeframes being respected (1 point loss). As a general rule a document delivered to an authority shall enter the public domain when the authority has received it. Exceptions relate to classified information and information received from another state when a commitment to keeping the information secret has been made. |
| Gambia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 14(7) and 37. | There is consultation, but third party information is blocked from release until appeals are exhausted, and there is no expedited appeal. |
| Ghana | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 23(8) Despite subsection (7), where the information requested contains third party information, an applicant may not be granted access to that information until (a) the time that the right of a party to appeal against the release of the information has expired, or (b) an appeal lodged by the third party has been determined. 33(4) Where the head of the public institution decides to release information that contains third party information, the applicant shall not be granted access to that information unless (a) the third party has been notified of the request and has consented to the release of the information; or (b) any appeal lodged against the release of the information by the applicant has been determined. (5) Where the head of the public institution decides to release the information despite the disapproval of the third party, the head of the public institution shall inform the third party in writing. 34(1) Where the head of a public institution receives a notice from the Commission of a hearing or an investigation pending before the Commission, the head of the public institution shall inform the Commission of all third parties to whom the information relates. (2) Subject to subsection (3), the Commission shall issue the directions that are necessary to ensure, to the extent reasonably possible that, third parties whose matters are before the Commission are notified of hearings or investigations. (3) The Commission may dispense with the notification to third parties where the Commission considers it necessary. | Clear provisions on notice to third parties but release delayed until all appeal procedures available to third party are exhausted |
| Guinea | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 24. Lorsque l'information demandée a été fournie, à titre confidentiel, par un tiers à l'organisme, ce dernier est tenu, après information du demandeur, de consulter le tiers en vue d'obtenir son avis motivé, quant à la diffusion partielle ou totale de l'information, et ce, dans un délai maximum de trente (30) jours à compter de la date de réception de la demande d'accès par lettre recommandée avec accusé de réception ou par toutes voies de communication susceptible d'être prouvée. L'avis du tiers est contraignant pour l'organisme concerné. Le tiers doit présenter sa réponse dans un délai de quinze (15) jours à compter de la date de réception de la demande de consultation. Le défaut de réponse dans le délai précité, vaut accord tacite du tiers. | Only 1 point because time frames are extended and third party's opinion is binding. |
| Ireland | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | Article 38(2) Subject to subsection (6), before deciding whether to grant a request to which this section applies, a head shall, not later than 2 weeks after the receipt of the request - (a) if the request is one to which section 35(3) applies, cause the person who gave the information concerned to the FOI body concerned and, if the head considers it appropriate, the person to whom the information relates, or (b) if the request is one to which section 36 (3) or 37(5)(a)applies, cause the person to whom the information relates, to be notified, in writing or in such other form as may be determined - (i) of the request and that, apart from this section, it falls, in the public interest, to be granted, (ii) that the person may, not later than 3 weeks after the receipt of the notification, make submissions to the head in relation to the request, and (iii) that the head will consider any such submissions before deciding whether to grant or refuse to grant the request. | When the exemptions under Article 35, 36 or 37 are being applied, the deciding officer must when using the public interest exemption, send a notification of intention to release to persons or bodies, giving that person/body 3 weeks to reply and that reply must be taken into account by the deciding officer in their decision to release. |
| Maldives | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 23(a) Where the information to be disclosed by a State Institute concerns the personal information of a third person, the Information Officer of that State Institute shall not disclose the information without the consent of the third party. (b) Notwithstanding subsection (a) of this section, where the disclosure of the third person’s personal information is in the interest of maintaining public interest, for that reason, that information may be without the consent of the third party, but with the authority of the review Committee set up in the State Institute under this Act. 34(a) Where a request for information of a third party, that is protected by sections 23, 24, 25 and 26, is received by a State Institute, and where the Information Officer of those State Institute intents to disclose it, the third party must be notified within 5 days of receiving the request, that such information is intended to be disclosed. (b)Where the third party receives a notification of disclosure as according to subsection (a) of this section, and where there is an objection to that disclosure, the Information Officer must be informed orally or by writing within 7 days following the date of notification (c) In deciding to disclose the said information, the Information Officer, having considered the reasons for objecting to disclose by the third party, can decide to disclose or not disclose the information. (d) Where the Information Officer decides to disclose the information despite objections from the third party, the third party must be notified in writing that the information has been disclosed and the reasons for its disclosure. The Information officer must also state in the said notice that where the third party is unsatisfied with the decision, he has the right of appeal as according to this Act. The notification must also specify the contact details of the appeal authority. (e) The Information Officer shall disclose information the disclosure of which is objected by the third party, after having the approval of the appeal and review stage. | Third parties can delay release until all appeal procedures exhausted. |
| Moldova | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 8 Access to private information (personal data) (7) Information providers may disclose any information containing personal data, requested in accordance with the present law, in the following cases: a) the person, to whom the information refers, has agreed to its disclosure; b) the requested information has been made public (published in accordance with the current legislation) in full before the day of the request. 21 General provisions on protection of right to information (1) When a person deems that one of his/her legitimate rights or interests has been violated by the information providers, he/she may contest these acts extrajudicially or directly in court. (4) During dispute-solving concerning access to information, the competent bodies will undertake necessary measures for the protection of the rights of all interested persons that can possibly be violated by means of information disclosure, including the assuring of the participation of those in the proceedings as third persons. | Some limited provisions on this in relation to privacy and appeals. |
| New Zealand | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 15 Decisions on requests (5) Nothing in subsection (4) prevents the chief executive of a department or any officer or employee of a department from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any request made to the department in accordance with section 12 of this Act or transferred to the department in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987. (...) | The OIA mentions this in 15(5), but does not mandate this, nor does it clarify how this should be done. |
| San Marino | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 2(3). Where, due to the number of interested parties, personal communications, publication and notification are not possible or are particularly burdensome, the Administration shall provide for the necessary elements to be made known by means of suitable forms of publicity established from time to time by the Administration itself. 25(3). The Director General of the Civil Service, the organizational units, the Departments, the Autonomous State Agencies and the wider Public Sector Bodies to which the request for access is addressed are obliged, should counterinterested parties be identified or easily identifiable pursuant to article 30, to notify them by sending a copy of the request by registered letter with advice of receipt or through secure computer channels, in accordance with the provisions of the relevant regulations. Within thirty days of receipt of the communication, the interested parties may present a reasoned objection, also with reference to the need to protect personal data; once this term has elapsed the Administration, having ascertained receipt of the communication, shall act on the request within the term provided for in article 29, paragraph 1. 29(1). The authorities concerned shall act within thirty days of the date of receipt of the request or from the expiry of the term granted to one or more interested parties to submit any opposition pursuant to article 25, paragraph 3, after which Article 10, paragraph 2, of Law no. 68 of June 28, 1989 shall apply. 31(3). In any case, administrative documents that fall under the cases provided for in Article 30 or that contain data, mentions or information of a personal nature may not be made public before such data, mentions or information have been redacted or before they have been processed in such a way as to make it impossible to identify the persons named therein unless they consent to it. | 1 point deducted, as the 30 day processing period runs from either the original request or receipt of the notification to interested parties, thus implying more than 30 days from the request in cases where third party notification is required. |
| South Korea | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 11(3) Where a public institution recognizes that information, the disclosure of which is requested, pertains, in whole or in part, to a third party, the public institution shall inform the third party of the fact without delay and may, if necessary, hear his/her opinions. 21(1) A third party, who is notified of the fact that a request was made to disclose information pursuant to Article 11 (3), may request the relevant public institution not to disclose the information pertaining to himself/herself within three days from the date he/she receives such notification. (2) Notwithstanding a request made by the third party not to disclose the information under paragraph (1), if a public institution decides to disclose such information, such public institution shall promptly notify in writing the third party of its decision to disclose the information, explicitly indicating reasons for deciding to disclose the information as well as the date of disclosure of the information, and the third party may raise an objection in writing to the relevant public institution or file for an administrative appeal or an administrative litigation. In such cases, the third party shall raise an objection within seven days from the date when notification of such decision is received. (3) The relevant public institution shall give an interval of at least 30 days between the date on which a decision is made to disclose the information under paragraph (2) and the date on which the information is to be disclosed. PD 8(1) Where any public institution listens to opinions from a third party under Article 11 (3) of the Act, such shall be done in writing. Provided, That where it is deemed necessary by the public institution or required by the third party, such may be done by words. (2) Where a public official in charge, etc. listens to a spoken opinion pursuant to the proviso to paragraph (1), he/she shall record the details and receive a confirmation from the third party. | Must consult but extended timeframes. |
| Thailand | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | Section 17. In the case where a State official is of the opinion that the disclosure of any official information may affect the interests of a person, the State official shall notify such person to present an objection within the specified period; provided that, reasonable time shall be given for this purpose which shall not be less than fifteen days as from the date of the receipt of the notification. The person having been notified under paragraph one or a person knowing that the disclosure of any official information may affect his interests has the right to present an objection in writing against such disclosure to the responsible State official. In the case where there is an objection, the responsible State official shall, without delay, consider the objection and notify the result thereof to the person presenting it. In the case where an order dismissing the objection is made, State officials shall not disclose such information until the period for an appeal under section 18 has elapsed or until the Information Disclosure Tribunal has made a decision permitting the disclosure of such information, as the case may be | S. 17 contains a clear procedure with a timeframe, but no expedited appeal provision. |
| Togo | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | Article 34 : Tout organisme public doit, avant de communiquer un renseignement industriel, financier, commercial, scientifique, technique ou syndical fourni par un tiers, obtenir son avis afin de lui permettre de présenter ses observations, sauf dans les cas où le tiers a renoncé à l'avis en consentant à la publication du renseignement. | There is a process of consultation but there is no reference to time limits. |
| Uganda | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 35. Notice to third parties. (1) Where an information officer intends to disclose any record requested for, that contains or that might contain - (a) trade secrets of a third party; (b) financial, commercial, scientific, or technical information that is confidential information supplied to the public body by the third party; (c) information the disclosure of which could result in material financial loss or gain, prejudice the competitive position of the third party or interfere with contractual or other negotiations of the third party, the information officer shall, if the third party can be located, within twenty one days after the request is received, give written notice to the third party of the request and the intention to disclose the record. (2) The third party to whom a notice is required to be given under subsection (2) may waive the requirement and where the third party consents to the disclosure, the third party shall be deemed to have waived the requirement. (3) A notice given under subsection (1) shall include - (a) the intention of the information officer to release the record; (b) a description of the content of the record, that it belongs to and was supplied by or relates to the third party; and (c) that the third party may, within twenty days after the notice, make representation as to why the record should not be disclosed. (4) The information officer may extend the period prescribed by subsection (3)(c) if the time limit prescribed by section 17 is extended but the extension under this subsection shall not exceed the extension under section 17.
36. Representation by third party. (1) The third party to whom notice is given under section 35 shall make the representation within the period stated in the notice; and the information officer shall, within twenty one days of the notice, make a decision whether or not go give access to the record. (2) The representation made under subsection (1) shall be given in writing unless the information officer provides otherwise. (3) The information officer shall give the third party notice of the decision made under subsection (1) and the notice shall include a statement - (a) that the third a party is entitled to request for a review of the decision; and (b) that the person who requested for access will be given access unless a review is requested. |
Ss. 35-36 - but this seems to apply only to information regarding commercial secrets. |
| Uruguay | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | N/A | Regs Art 30 |
| Vanuatu | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 17. If information requested contains information relating to a third party, a Right to Information Officer may: (a) consider any representations made by a third party refusing to allow access under paragraph 32(a); and (b) refuse to grant access to that information until: (i) the time for the third party to appeal the release of the information has expired without any appeal being made; or (ii) an appeal made by the third party has been finally determined in favor of the release of the information. 31. Notice to third parties (1) When considering an application for access to information under section 13 that is: (a) personal information of a third party; or (b) commercial and confidential information of a third party, a Right to Information Officer must take reasonable steps to ensure that the third party to whom the information relates, is informed of the application within 14 days after the application is received or transferred. (2) When informing a third party under subsection (1), the Right to Information Officer must: (a) state that the application for access to information may be for personal or commercial and confidential information and state the nature and describe the content of the application; and (b) state the name of the applicant requesting the information; and (c) describe the provisions of subsection 42(1), or section 44 as the case may be; and (d) if the Right to Information Officer is of the opinion that the granting of access to such information is in the public interest under section 38, he or she must: (i) specify under which of the circumstances referred to in section 38 that access is being granted; and (ii) give reasons for his or her decision; and (e) state that the third party may, within 14 days after being informed: (i) make written or oral representations to the Right to Information Officer as to why the application for access should be refused; or (ii) give written consent for the disclosure of the information to the applicant.33 Decision on representations and notice 33(1) A Right to Information Officer must, within 21 days after a third party is informed: (a) decide, after giving due regard to any representations made by a third party under section 31 or 32, whether to grant or refuse to grant the application for access; and (b) notify the third party so informed, and a third party who was not informed of the application but who made representations or is located before the decision is taken, of the decision. (2) If after all reasonable steps have been taken as required under section 31, a third party is not informed of the application in question and the third party does not make any representations, a decision whether or not to grant the application for access must be made with due regard to the fact that the third party did not have the opportunity to make representations as to why the application should be refused. (3) If an application for access is granted, the notice under paragraph (1)(b) must state: (a) the reasons for granting the application, including the provisions of this Act relied upon; and (b) that the third party may lodge an appeal with the Information Commissioner against the decision within 14 days after notice is given and the procedure for making the appeal; and (c) that the applicant will be given access to the information after the expiry of the period of appeal, unless the appeal is made within that period. (4) If a Right to Information Officer decides to grant access, the applicant must be given access to the information after the expiry of the 14 day period set out in paragraph (3)(b). | Extended timelines. |
| Vietnam | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | Article 7(1): Information related to business confidentiality shall only be accessible upon consent of the business owner; (2) Information related to privacy, individuals' secret shall only be accessible upon consent of such person, information with regard to family's secret shall only be accessible upon consent of each member of the family. Article 24(3): A written consent of the concerned individuals or organizations shall be attached if the requested information falls under the provision of Items 1 and 2 of Article 7 of this Law. | Implies consultation with third parties in some cases, but seems to be the requester who must do this. |
| Zambia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 20 | |
| Zimbabwe | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 2 “third party”, in relation to a request for access to information, means any person, group of persons or organisation other than the person who made the request; 8(7) Where the information requested contains third party information, the applicant may not be given access to such information until any right of the third party to appeal the release of the information has expired or until any appeal lodged by the third party has been finally determined in terms of section 38. 32 (1) An information officer of an entity considering a request for access to information containing information of any third party which may be protected in terms of Part IV must take all reasonable steps to notify the third party concerned in writing of the request. (2) The information officer must notify a third party in terms of subsection (1)— (a) as soon as reasonably possible, but in any event, within seven days of the receipt of the request or the transfer of the request to another entity; and (b) by the fastest means reasonably possible. (3) When informing a third party in terms of subsection (1), the information officer must— (a) state that the information officer is considering a request for information which may include information relating to the third party and describe the content of the information; and (b) furnish the name of the applicant; and (c) describe the protection granted in terms of this Act with respect to the information concerned; and (d) state that the third party may, within seven days of the date of the notification— (i) make written representations to the information officer why the request for access should be refused; or (ii) give written consent for the disclosure of the information to the applicant. 33. (1) A third party notified in terms of section 32(1) of a request for access may, within seven days of the date of the notification— (a) make written representations to the information officer concerned stating why the request should be refused; or (b) give written consent for the disclosure of the information to the applicant concerned. 34(4)If an information officer decides to grant a request for access, the information officer shall give the applicant access to the information concerned after the expiry of seven days of the date of the notice referred to in subsection (1)(b) unless an appeal or an application to court is lodged against the decision within that period. 37(1) If the Secretary is considering an appeal against the refusal of a request for access to information which affects any third party, the Secretary shall notify any such third party concerned of the appeal unless all necessary steps to locate the third party have been unsuccessful. | Definition of third party does not exclude the public entity; rights of third party arise for all third party information, not just when the information was provided by the third party on a confidential basis (unlike the exceptions); disclosure delayed until all third party rights to appeal are exhausted or expired. |
| Albania | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | The Law does not establish any clear procedure regarding third party consultations. |
| Angola | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 8(3) Access by third parties to personal data can further be authorised in the following cases: (a) by means of a written authorisation from the person to whom the data applies; (b) when communicating personal data has the objective of safeguarding the legitimate interest of the person to whom the data applies should the latter not be in a position to concede authorisation, and once an opinion has been obtained as provided for in the previous number. | 8(3) has the requirement for consent, but no mechanism for obtaining it. |
| Antigua and Barbuda | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | No such procedures. |
| Argentina | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | |
| Armenia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Azerbaijan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Bahamas | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Belgium | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Belize | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | There is no mechanism for consultations with third parties. |
| Benin | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Bolivia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Bosnia and Herzegovina | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Brazil | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Section V touches on this, but doesn't provide a proper mechanism for consultation. Hopefully this will be addressed in the regs. |
| Burkina Faso | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Cape Verde | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Colombia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | No such procedures. |
| Costa Rica | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Croatia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Czech Republic | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Denmark | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Article 8(5) A third party may only have access to documents on an identified or identifiable natural person, appraisal or value judgment, or information covered by the privacy reserve, if it has a written authorization from it or demonstrates a direct, personal and legitimate interest sufficiently relevant in accordance with the principle of proportionality. (6) A third party may only have access to documents containing trade, industrial secrets or the internal life of an undertaking if it has received a written authorization from it or demonstrates a direct interest in accordance with the principle of proportionality. | No procedure for consultation. |
| Ecuador | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Fiji | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| France | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Gambia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 14(7) and 37. | There is consultation, but third party information is blocked from release until appeals are exhausted, and there is no expedited appeal. |
| Georgia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | No procedures listed. |
| Guatemala | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Artículo 28. Cuando persistan las causas que hubieren dado origen a la clasificación de información reservada, de conformidad con esta ley, los sujetos obligados podrán hacer la declaración de la ampliación del plazo de reserva hasta por cinco años más sin que pueda exceder de doce años el tiempo total de clasificación. En estos casos será procedente el recurso de revisión. Artículo 29. La información clasificada como reservada o confidencial debe ser puesta a disposición de las autoridades encargadas de la procuración y administración de justicia cuando así lo solicitaren, mediante orden judicial, siempre que ésta sea indispensable y necesaria en un proceso judicial. Artículo 30. Los sujetos obligados serán responsables de los datos personales y, en relación con éstos, deberán: (1) Adoptar los procedimientos adecuados para recibir y responder las solicitudes de acceso y corrección de datos que sean presentados por los titulares de los mismos o sus representantes legales, así como capacitar a los servidores públicos y dar a conocer información sobre sus políticas en relación con la protección de tales datos; (2) Administrar datos personales sólo cuando éstos sean adecuados, pertinentes y no excesivos, en relación con los propósitos para los cuales se hayan obtenido; (3) Poner a disposición de la persona individual, a partir del momento en el cual se recaben datos personales, el documento en el que se establezcan los propósitos para su tratamiento; (4) Procurar que los datos personales sean exactos y actualizados; (5) Adoptar las medidas necesarias que garanticen la seguridad, y en su caso confidencia o reserva de los datos personales y eviten su alteración, pérdida, transmisión y acceso no autorizado. Los sujetos activos no podrán usar la información obtenida para fines comerciales, salvo autorización expresa del titular de la información. Artículo 31: Los sujetos obligados no podrán difundir, distribuir o comercializar los datos personales contenidos en los sistemas de información desarrollados en el ejercicio de sus funciones, salvo que hubiere mediado el consentimiento expreso por escrito de los individuos a que hiciere referencia la información. El Estado vigilará que en caso de que se otorgue el consentimiento expreso, no se incurra en ningún momento en vicio de la voluntad en perjuicio del gobernado, explicándole claramente las consecuencias de sus actos. Queda expresamente prohibida la comercialización por cualquier medio de datos sensibles o datos personales sensibles. Artículo 32. No se requerirá el consentimiento del titular de la información para proporcionar los datos personales en los siguientes casos: (1) Los necesarios por razones estadísticas, científicas o de interés general previstas en ley, previo procedimiento por el cual no puedan asociarse los datos personales con el individuo a quien se refieran; (2) Cuando se transmitan entre sujetos obligados o entre dependencias y entidades del Estado, siempre y cuando los datos se utilicen para el ejercicio de facultades propias de los mismos; (3) Cuando exista una orden judicial; (4) Los establecidos en esta ley; (5) Los contenidos en los registros públicos; (6) En los demás casos que establezcan las leyes. En ningún caso se podrán crear bancos de datos o archivos con datos sensibles o datos personales sensibles, salvo que sean utilizados para el servicio y atención propia de la institución. | Articles 28 - 32 mentions this, but does not provide a clear procedure. |
| Honduras | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Hungary | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Iceland | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Indonesia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | The law allows for consent, but does not provide a mechanism for obtaining it. |
| Iran | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Article 15. The intuitions that fall under the purview of this law must refrain from providing information if the request involves illegal disclosure of third party private information unless: (A) The third party clearly and in writing consents to the disclosure of personal information. (B) The applicant is guardian, custodian or attorney of the third party and acts within the given authority. (C) The applicant is a public institution and the requested information directly pertains to the duties of that institution as a public institution within [related] legal framework. | Article 15 suggests that consent can be obtained but it is limited to personal (private) information and contains no mechanism for obtaining consent. There is no general mechanism for consulting with third parties. |
| Ivory Coast | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Jamaica | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Article 22(1) Subject to the provisions of this section, a public authority shall not grant access to an official document if it would involve the unreasonable disclosure of information relating to the personal affairs of any person, whether living or dead. | |
| Jordan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Kazakhstan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Kenya | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Kosovo | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Kyrgyzstan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 8.7. Holders of information who possess confidential information may disseminate it only with the consent of persons who have restricted the right of access to information. 9. Access to the following information is not restricted:(8) on the formation and expenditure of funds from the republican and local budgets, with the exception of information containing state secrets; the current state of public debt; expenses for the maintenance of state and local self-government bodies and officials; persons providing financial and other assistance to state bodies, local self-government bodies with the consent of these persons; expenditures from contingency funds; | Some provisions require consent for dissemination of or access to information but no clear system for consultation. |
| Latvia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Lebanon | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Liberia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Liechtenstein | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | |
| Lithuania | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Monaco | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Mongolia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Montenegro | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Mozambique | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Nepal | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Netherlands | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Nicaragua | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Niger | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Nigeria | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 14(2) A public institution shall disclose any information that contains personal information if (a) the individual to whom it relates consents to the disclosure; (b) the information is publicly available. | 14(2) allows individuals to consent, but provides no mechanism for consultation. |
| North Macedonia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Pakistan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Palau | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned | |
| Panama | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Paraguay | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | |
| Peru | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Philippines | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | |
| Poland | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | No procedures listed. | |
| Portugal | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Qatar | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned | |
| Romania | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Russia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | No procedures of this kind listed. | |
| Rwanda | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Saint Kitts and Nevis | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Saudi Arabia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| Serbia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | No clear procedures listed, and the required information shall not be granted unless the person concerned has given his/her consent. No points awarded. | |
| Sierra Leone | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | ||
| Slovakia | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
| South Sudan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Sudan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Sweden | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
| Tajikistan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | |
| Turkey | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | No procedures listed. |
| Ukraine | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | There is no clear procedure for consulting with third parties. |
| Uzbekistan | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
| Venezuela | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned (except as a reason for extending the time for responding to a request) |
| Yemen | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. |
