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 |
---|---|---|---|---|---|---|---|
Azerbaijan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Chapters VI and VII of the Law on Administrative Proceedings | |
Bahamas | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 28. Internal review. (1) Subject to subsection (2), a person may apply for an internal review of a decision by a public authority— (a) to refuse to grant access to a record; (b) to grant him access only to some of the records specified in an application; or (c) to defer the grant of access to a record. (2) An application for internal review of a decision— (a) in relation to a matter under sections 17, 18 and 20, shall be made to and conducted by the Minister with responsibility for matters thereunder; and; (b) in relation to a matter other than those under paragraph (a), shall be made to and conducted by the chief officer in the relevant public authority whose decision is subject to review, but no review shall be conducted by the same person who made the decision or a person junior in rank to him (3) Failure to make a decision on matter referred to in subsection (1) shall be regarded as a refusal to do so— (4) An application for an internal review may only be made where the decision to which the application relates was taken by a person other than the minister with responsibility for the record or the chief officer of the public authority Section 29.Procedure for Internal review. (1) An application for internal review shall be made— (a) within thirty days after the date of a notification to the applicant of the relevant decision, or within such further period, not exceeding thirty days, as the public authority may permit; or (b) where no such notification has been given, within thirty days after the expiration of the period allowed for the giving of the decision or of any other period permitted by the public authority. (3) A person who conducts an internal review— (a) may take any decision in relation to the application which could have been taken on an original application which could have been taken on an original application; and (b) shall take that decision within a period of 30 days after the date of receipt of the application. | |
Belgium | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Loi n° 94-1724, Article 8.2: " Lorsque le demandeur rencontre des difficultés pour obtenir la consultation ou la correction d'un document administratif en vertu de la présente loi, (y compris en cas de décision explicite de rejet visée à l'article 6, § 5, alinéa 3,) il peut adresser à l'autorité administrative fédérale concernée une demande de reconsidération. Au même moment, il demande à la Commission d'émettre un avis. La Commission communique son avis au demandeur et à l'autorité administrative fédérale concernée dans les trente jours de la réception de la demande. En cas d'absence de communication dans le délai prescrit, l'avis est négligé. L'autorité administrative fédérale communique sa décision d'approbation ou de refus de la demande de reconsidération au demandeur (et à la Commission) dans un délai de quinze jours de la réception de l'avis ou de l'écoulement du délai dans lequel l'avis devait être communiqué. En cas d'absence de communication dans le délai prescrit, l'autorité est réputée avoir rejeté la demande. Le demandeur peut introduire un recours contre cette décision conformément aux lois sur le Conseil d'Etat, coordonnées par arrêté royal du 12 janvier 1973. Le recours devant le Conseil d'Etat est accompagné, le cas échéant, de l'avis de la Commission" | The article establishes the possibility of asking the authority that refused the information to reconsider its action. They have 15 days to answer. If they don't answer, the administrative silence is negative. |
Belize | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | SECTION 36 "(1) Where a decision has been made, in relation to a request to a Ministry or prescribed authority, otherwise than by the responsible Minister or principal officer (not being a decision on a review under this section), the applicant may, within 28 days after the day on which notice of the decision was given to the applicant in accordance with section 21, apply to the responsible Minister or principal officer concerned for a review of the decision in accordance with this section. (2) A person is not entitled to apply to the Ombudsman for a review of a decision in relation to which subsection (1) applies unless- (a)he has made an application under that subsection in relation to the decision: and (b)he has been informed of the result of the review or a period of 14 days has elapsed since the day on which he made that application. (3) Where an application for a review of a decision is made to the responsible Minister or the principal officer in accordance with subsection (1), he shall forthwith arrange for himself or a person (not being the person who made the decision) authorized by him to conduct such reviews to review the decision and to make a fresh decision on the original application." | 14 days turnaround. |
Bosnia and Herzegovina | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 12 Inability to Comply with a Request. "Should a public authority be unable to comply with a request owing to the absence of formal requirements as provided for in Article 11(2) and (3), it shall, as soon as possible and no later than 8 days from receipt of the request, notify the requester in writing, where such notification is possible, that the request cannot be processed for that reason. This notice shall inform the requester of the availability of appeal, the specific body to whom the appeal should be addressed including the necessary contact information, and the dead line for and cost of filing an appeal. The notice shall also inform the requester of his or her right to apply to the Ombudsman, and shall include the necessary contact information." | |
Brazil | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 15. After the request is received, and should the requested information be available, the access to information shall be granted immediately. Paragraph 1. In case it is not possible to grant immediate access, the related body or entity shall, within twenty days: I – send the requested information to the applicant's postal or email address informed; II – inform the applicant of the date, location and means to retrieve the requested information, extract the said information or obtain a certificate related to the requested information; III – inform the applicant that it neither holds the requested information nor is aware of its existence; IV – indicate, should that be possible, the body or entity responsible for the requested information or in possession of same; or V – indicate the grounds for either fully or partially denying access to the requested information. Paragraph 2. In situations where the access to information request requires the handling of a large volume of documents or in case the moving of the document may compromise its regular processing, the measure set forth in item II of Paragraph 1 shall be adopted. Paragraph 3. Should the integrity of the requested information or document be subject to any harm because of their handling, the related body or entity shall indicate the date, location and means of consultation to be performed by the applicant, or offer him a certified copy. Paragraph 4. Should it not be possible to obtain the copy referred to in Paragraph 3, the applicant may request, at his/her expenses and under the supervision of a public servant, a document reproduction that does not put the integrity of the original material at risk. Article 16. The time frame for response to the request may be extended for ten days upon justification to be sent to the applicant prior to the expiration of the initial term of twenty days. | 15 and 16 - there is an internal appeal with clear timelines, which is free of charge. |
Burkina Faso | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 73 : Lorsqu’un usager conteste la décision d’un organisme de service public en matière d’accès à l’information, il dispose des recours administratifs suivants : - le recours gracieux ; - le recours hiérarchique. L’autorité publique saisie dispose d’un délai d’un mois à compter de la réception de la demande pour donner son avis. Article 74: Le recours gracieux est adressé à l’auteur de la décision de refus de communiquer l’information ou les documents afin qu’il revienne sur sa décision. Article 75 : Le recours hiérarchique est adressé au supérieur hiérarchique immédiat de l’auteur de la décision de refus afin qu’il la réforme. | |
Cape Verde | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 18(1) Any citizen or group of citizens may complain, to the bodies or entities referred to in article 2 of this diploma, for non-compliance with the obligation of active disclosure, undue or incorrect partial disclosure of information or administrative document. 19(1) In case of unfounded claim, the applicant may lodge an appeal with the member of the government that supervises or supervises or with the highest leader of the organ or organizational unit requested. 20(1) The deadline for submitting a complaint regarding the act of rejection of the request for access or reuse of administrative documents is 20 (twenty) days, counting from the date of knowledge of the rejection decision, and the respective decision must be issued within the maximum period of 20 (twenty) days, counting from its presentation. (3) The deadline for filing an appeal is 30 (thirty) days, counting from the date of knowledge of the complaint decision, and the respective decision must be issued within a maximum period of 20 (twenty) days, counting from its presentation. | |
China | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 47 . . . Where citizens, legal persons, or other organizations find that administrative organs have not followed requirements to proactively disclose government information or do not lawfully respond to and handle open government information applications, they may submit it to the competent departments for open government information work. Where the competent departments for open government information work investigate and find it is true, they shall urge corrections or circulate criticism. 51 Where citizens, legal persons, or other organizations find that administrative organs have violated their lawful rights and interests during open government information work, they may make a complaint or report to the administrative organ at the level above or the competent department for open government information work, and may also lawfully apply for an administrative reconsideration or initiate administrative litigation. | |
Costa Rica | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 8. Dilación indebida. Cuando haya transcurrido el plazo contemplado en el artículo 5 de este Decreto sin obtener la información pública solicitada, la persona interesada podrá presentar ante el Oficial de Acceso a la Información establecido en este Decreto, la queja respectiva para la atención de la omisión de su interés. Lo anterior, sin perjuicio de los recursos administrativos o jurisdiccionales que confiere el ordenamiento. 10. Plazo para resolver el recurso de apelación. El solicitante podrá formular el recurso administrativo correspondiente contra el rechazo total o parcial de su solicitud de información pública ante la autoridad institucional respectiva, en el plazo de tres días hábiles, contado a partir de la notificación de la denegatoria. La autoridad administrativa competente tendrá el plazo de ocho días hábiles para resolver el recurso planteado, contado a partir de la recepción del escrito. | |
Croatia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Art.25.: (1) Against the Decision issued by the public authority body, the submitter may file a Complaint to the Commissioner within 15 days since the Decision has been delivered. (3)The Commissioner is bound to issue a decision on the Complaint and deliver it to the requesting party, through the first degree body, no later than 30 days since an orderly Complaint has been filed. | The deadline is 30 days, which means approximately 21-23 working days. |
Denmark | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Chapter 4, article 15, Section 2. "Appeals against decisions in respect of requests for access to documents may be submitted to the authority designated as the appeals authority for the decision or for the general handling of the case to which the request relates." | Administrative (internal) appeal. There is generally no time limit for such appeal. |
Estonia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 46. Filing of challenges and actions concerning refusal to comply with request for information or unsatisfactory compliance with request for information "A person whose rights provided for in this Act are violated may file a challenge with a supervisory body specified in 44 of this Act or an action with an administrative court either personally or through a representative." | |
Ethiopia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 31(1)Any person who is aggrieved by the decision of the public relation officer under this part may lodge his appeal to the concerned head of public body within 30 days from the day the decision is made. (2) If the appellant can prove sufficiently that he could not lodge his appeal due to force major, the head of the public body may accept the appeal after the lapse of period referred to in sub-article (1). (3) The head of the public body to which the appeal is lodged shall give a decision with in 10 days. (4) Any person who is aggrieved by the decision of the head of the public body may lodge his appeal the to Ombudsman within 30 days of receiving that decision." | |
Finland | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | [Principles of Openness] Article 14(3)(2) If the official or the other person referred to in paragraph (2) refuses to grant the requested access, he/she shall [...] (2) inform the person requesting access that he/she may have the matter decided by the authority; [...] | |
Gambia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 39, 40. | |
Germany | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 9(4) It is permissible to challenge the decision to reject the application by lodging an administrative appeal or bringing an action to compel performance of the requested administrative act. Administrative appeal proceedings pursuant to the provisions of Part 8 of the Code of Administrative Court Procedure (VwGO) are also to be carried out when the decision has been reached by a supreme federal authority. | |
Ghana | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 31 Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution. 32(1) An application for internal review shall be made within thirty days of the receipt of the decision of an information officer. (2) An application for internal review (a) may be in writing; (b) may be made orally; (c) shall be addressed to the head of the public institution; and (d) shall state the request and the decision of the information officer which is the subject of the application for internal review. (3) Where an applicant makes a request for internal review, the information officer shall put the oral request into writing and provide a copy of the written request to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (CAP 262); (b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) require the applicant to make a thumbprint or a mark on the request. (5) Where a request for internal review referred to in subsection (1) is lodged after the expiry of thirty days, the information officer may, upon good cause shown, allow the late lodging of the request. (6) On the receipt of a request for internal review, the information officer shall, as soon as practicable, but in any event within five days after receipt of the request, (a) submit to the head of the public institution (i) the request for internal review; (ii) the reasons of the information officer for the decision; and (iii) the application that is the subject of the review; and (b) notify the applicant and other interested persons in writing of the submission of the records to the head of the public institution. 33(1) The head of the public institution to whom a request for internal review is made shall, as soon as reasonably practicable, but in any event within fifteen days of receipt of the request (a) make a decision; and (b) notify the applicant of that decision in writing. (2) Where the head of the public institution determines that access should be granted, the notice referred to in subsection (1) shall state (a) the fee payable; and (b) the form in which access will be given. (3) Subject to subsection (4), where the applicant has been notified that access to the information has been granted, that applicant shall, upon payment of the prescribed fee or where no fee is payable, be given access to the information. (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. (6) Where the head of the public institution refuses access to the information, the head of the public institution shall notify the applicant in writing. (7) The notice to the applicant shall (a) state the reason for the refusal based on the (i) contents of the request; and (ii) the information considered by the head of the public institution; (b) contain a reference to the specific provision of this Act relied on; and (c) inform the applicant of the right to apply to the Commission for a review of the decision in accordance with section 65 and the process of lodging that appeal. 35 Where the head of the public institution fails to give a decision on a request for internal review within fifteen days, the head of that public institution is deemed to have affirmed the original decision of the information officer. | |
Guatemala | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Artículo 50. Las autoridades educativas competentes incluirán el tema del derecho de acceso a la información pública en la currícula de estudios de los niveles primario, medio y superior. Artículo 51. Los sujetos obligados deberán establecer programas de actualización permanente a sus servidores públicos en materia del derecho de acceso a la información pública y sobre el derecho a la protección de los datos personales de los particulares, mediante cursos, talleres, seminarios y toda estrategia pedagógica que se considere pertinente. Igual obligación corresponde a los sujetos obligados que no formen parte de la administración pública ni de la organización del Estado. Artículo 52. El recurso de revisión regulado en esta ley es un medio de defensa jurídica que tiene por objeto garantizar que en los actos y resoluciones de los sujetos obligados se respeten las garantías de legalidad y seguridad jurídica. Artículo 53. La máxima autoridad de cada sujeto obligado será la competente para resolver los recursos de revisión interpuestos contra actos o resoluciones de los sujetos obligados referidas en esta ley, en materia de acceso a la información pública y hábeas data. Artículo 54. El solicitante a quién se le hubiere negado la información o invocado la inexistencia de documentos solicitados, podrá interponer, por sí mismo o a través de su representante legal, el recurso de revisión ante el máxima autoridad dentro de los quince días siguientes a la fecha de la notificación. Artículo 55. El recurso de revisión también procederá en los mismos términos y plazos cuando: (1) El sujeto obligado no entregue al solicitante los datos personales solicitados, o lo haga en un formato incomprensible; (2) El sujeto obligado se niegue a efectuar modificaciones, correcciones o supresiones a los datos personales; (3) El solicitante considere que la información entregada es incompleta o no corresponda a la información requerida en la solicitud; (4) En caso de falta de respuesta en los términos de la presente ley; (5) Por vencimiento del plazo establecido para la entrega de la información solicitada; (6) En los casos específicamente estipulados en esta ley. | |
Guinea | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 38. Le demandeur d'accès à l'information insatisfait de la décision prise au sujet de sa demande, peut exercer un recours gracieux auprès du chef de l'organisme concerné, dans un délai ne dépassant pas les vingt (20) jours suivants la notification de la décision. Le chef de l'organisme est tenu de lui répondre dans un délai ne dépassant pas dix (10) jours a compter de la date du dépôt de la demande en révision. Le silence du chef de l'organisme concerné, pendant ce délai, vaut refus tacite. Le demandeur d'accès à l'information peut alors faire un recours directement auprès de l'instance d'accès à l'information mentionnée à l'article 46 de la présente loi. | Comprehensive but would be better if it were not conditioned by a "decision" relating to a request, in case there were no decision (mute refusal). |
India | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 18(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. Article 19(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. | |
Indonesia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 26. The Information Commission has the following duties: (a) to receive, check and decide upon a request for the settlement of a public information dispute, be it through mediation and/or non-litigation adjudication that is filed by every Public Information Applicant based on the reason as referred to in this Law [...] 35(1) Every Public Information Applicant may file his/her objection(s) in writing to the supervisor of the Information Management and Documentation Officer, based on the following reasons: (a) a request for information is rejected for the reason of the exemption as referred to in Article 17; (b) the information that must be made available periodically as referred to in Article 9 is not provided; (c) the request for information gets no response; (d) the response to the request for information is not as requested; (e) the request for information is not fulfilled; (f) unreasonably high fee is charged; and/or (g) the information is supplied after the lapse of time that is regulated in this Law. (2) The reasons as referred to in paragraph (1) letter b up to letter g can be settled amicably by the parties hereto. 36(1) An objection is filed by a Public Information Applicant within no later than 30 (thirty) working days after finding out the reason as referred to in Article 35 paragraph (1). (2) The supervisor of the officer as referred to in Article 35 paragraph (1) responds to the objection that is filed by the Public Information Applicant within no later than 30 (thirty) working days from the receipt of the written objection. (3) The written reason is sent along with the response if the supervisor of the officer a referred to in Article 35 paragraph (1) confirms the award that is provided by his subordinate. | 26(a) seems to allow for internal appeals. 35 and 36 provide a clear enough procedure. |
Italy | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. | 20 days. |
Jamaica | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 30(1) An applicant for access to an official document may, in accordance with subsection (4), apply for an internal review of a decision by a public authority to - (a) refuse to grant access to the document; (b) grant access only to some of the documents specified in an application; (c) defer the grant of access to the document; (d) charge a fee for action taken or as to the amount of the fee. (2) An applicant for amendment or annotation of a personal record may, in accordance with subsection (4), apply for a review of a decision by a public authority to refuse to make that amendment or annotation. (3) For the purposes of subsections (1) and (2), a failure to give a decision on any of the matters referred to in subsection (1) (a) to (c) or to amend or annotate a personal record within the time required by this Act shall be regarded as a refusal to do so. (4) An application under subsection (1) or (2) may only be made where the decision to which the application relates was taken by a person other than the responsible Minister, a Permanent Secretary or the principal officer of the public authority concerned. | |
Kyrgyzstan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 46.1. A complaint of an information user against a decision, action (inaction) of the information holder shall be submitted to a higher authority or official in writing by mail, fax, courier or electronic communication channels within 30 calendar days from the day when he became aware of the commission of the appealed action (inaction) by the information holder or the delivery of the appealed decision to him. A complaint may be filed by a representative of the information user on the basis of a duly executed power of attorney, a copy of which must be attached to the complaint when it is submitted. 2. The complaint shall indicate: 1) the name of the superior body and (or) the surname, initials of the official to whom the complaint is directed; 2) surname, first name, patronymic or name of the information user, last name, first name, patronymic of the representative (if any); 3) contact details of the information user and (or) his/her representative, depending on the preferred form of receiving a response to the submitted complaint; 4) a description of the circumstances that are the basis for filing a complaint by the user of information; 5) the request of the person filing the complaint; 6) the date of filing the complaint; 7) the signature of the person filing the complaint. 3. The information user and/or his/her representative may provide any additional information, including copies of documents confirming the circumstances set forth in the complaint. 47.1. The complaint of the information user shall be considered no later than 15 working days following the day of receipt of the complaint. The period for consideration of the complaint is calculated from the day following the day of receipt of the complaint by the superior body or official to whom the complaint is sent, and expires on the day the decision is sent to the user of information using the contact details specified in the complaint. 47.2. The information user has the right to apply in writing at any time before the decision on the complaint is made with a request to return the application, in which case the complaint is left without consideration. 47.3. The owner of the information shall have the right to adopt an internal procedure for the consideration of complaints that does not contradict the provisions of this Law. The holder of the information is obliged to make this procedure public and to make its contents available on its premises, as well as online on the relevant website, or at the written request of any person. | They have to identify the name of the "superior body" or name of the official, which is not ideal, although responses to requests are supposed to indicate options for appeal. Not explicitly free of charge although we presume that it would be. |
Latvia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 15. Decision of an Institution and Control of Actions "An administrative act issued by an institution or the actual actions performed may be disputed or appealed according to the procedures specified in the Administrative Procedure Law." | |
Liberia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 6.2: "Internal Review: An applicant who receives a negative decision or action regarding a request for information or who believes that the transfer of his or her request or the fees charged by the public body or private entity are inconsistent with this law shall in all cases be entitled to an internal review of the action or decision. Such internal review shall be conducted by a senior official or an internal information request review body to be established by each authority or agency. An internal review shall be concluded within thirty (30) working days as of its filing by the applicant. The outcome of each internal review shall be in writing and copies shared with the applicant." | |
Lithuania | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 11. Right to Protect Freedom of Information "1. Every person shall have the right to appeal in court against the decisions and actions of state and municipal institutions and agencies as well as officials should they violate or unlawfully restrict a person's right to obtain, collect or disseminate information. 2. It shall be prohibited to persecute a producer or disseminator of public information, their participant or a journalist for the information published if there has been no violation of law in the course of production and dissemination thereof." | Appealing to the administrative dispute commission - either the Municipality Administrative Dispute Commission or the Chief Administrative Dispute Commission - is considered to be an optional pre-trial procedure. |
Malawi | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 41. (1) The head of an institution to which an application for internal review of a decision is submitted in accordance with section 42, shall, within five working days of receipt of the application for review – (a) make a new decision on behalf of the institution; and (b) notify the applicant and, where relevant, the third party of that decision in writing. (2) Where the head of the information holder decides to disclose the information requested, the notice to the applicant referred to in subsection (1) shall state the fees if any, payable for access to the information requested and the form in which access to the information will be given. (3) Where an applicant has been given notice that access to the information has been granted, that applicant shall be given access to the information immediately, or upon payment of fees if so required. (4) Where the head of the information holder has determined to disclose information containing third party information, the applicant may not be granted access to that information until such time as any right of the third party to oppose the release of the information has expired, or any appeal lodged by the third party has been finally determined. (5) If the head of the information holder decides not to disclose information requested, the notice to the applicant referred to in subsection (1) shall- (a) state reasons for the refusal with reference to specific provisions of this Act upon which the refusal is based; and (b) inform the applicant that he may lodge an appeal against the decision. 42. The decision referred to in section 43 shall be made by the head of the information holder personally and may not be delegated to any other person. 43. Where the head of the information holder fails to give a decision on an application for request for an internal review within the time specified in section 40, he shall be deemed to have affirmed the original decision of the information officer which is the subject of the application for internal review. | |
Maldives | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 41(a) Each State Institute shall set up a Review Committee with the task of examining and reviewing complaints lodged by those unsatisfied by the decisions of the Information Officers. And that Committee must consist of those at a higher rank than the Information Officer(s). (b) Where there is a party dissatisfied with the decision made by the Information Officer(s) of a State Institute, a submission may be made to the Review Committee of the State Institute requesting a review of the decision, within 30 days from the date the decision was made or should have been made. (c) The Review Committee mentioned in subsection (a) of this section, may accept a complaint to be reviewed, even after the lapse of the period mentioned in subsection (b) of this section, where the Committee believes there is a reasonable justification for the delay. (d) Where the complaint submitted concerns the information of a third party, a decision on that complain must be reached after having heard the third party. (e) The, complaints submitted to the Review Committee must be reviewed within 30 days and where the review is not completed within this period, due to a special circumstance, it must be completed within an additional 15 days. (f) The Review Committee, having examined and reached a decision about a complaint submitted to it, shall notify its decision to all concerned parties in writing. | Meets the conditions but the time limit for processing such appeals is excessively long. |
Mongolia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. 17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws: 17.2.1. Law on the resolution of application and complaint submitted by the citizens to state organization and official, Law on Administrative Procedure, and Law on Civil Procedure if the complaint is made to higher level organization or official; | Internal appeal according to pre-etablished rules in other laws. |
Montenegro | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 20: "A complaint may be presented against any document of a first instance government agency deciding upon any request for the information, before the authority performing supervision of such first instance agency’s work. If such authority does not exist, an administrative dispute may be instituted against such document." | |
Morocco | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 19. Si le demandeur d'informations n'a pas reçu de réponse à sa demande ou s'il a reçu une réponse négative, il a le droit de déposer une plainte auprès du président de l'institution ou de l'organisme concerné dans un délai de vingt (20) jours ouvrables suivant l'expiration du délai réglementaire imparti pour répondre à sa demande ou à compter de la date de réception de la réponse. Le président de ladite institution ou organisme doit étudier la plainte et informer l'intéressé de la décision prise à son égard dans un délai de quinze (15) jours à compter de la date de sa réception. | |
Mozambique | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. ARTIGO 35 (Opinion of the Commission for the Evaluation) 1. The decision of the hierarchical procedure should be previously submitted to the Commission for the Evaluation of the Documents of the region. 2. The Commission has 5 days to give its opinion. | |
Namibia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 47(1) If a requester is not satisfied with a decision of an information officer, the requester may apply for internal review of the decision. (2) If a third party is not satisfied with the decision of an information officer granting access to information containing third party information, the third party may apply for internal review of the decision.48. (1) An application for internal review of the decision of an information officer must - (a) be lodged within 14 days of receipt of the decision; (b) be lodged in writing or orally with the information officer; (c) set out particulars of the decision and the grounds for review; and (d) be determined by the head of the information holder or any staff member designated in writing by the information holder. (2) If a requester or a third party orally applies for internal review, the information officer must reduce the oral application to writing and provide a copy of the application to the applicant. (3) An information officer, within five days of receipt of the application for internal review, must submit to the head of the information holder - (a) the application for internal review; (b) the reasons for his or her decision; and (c) all forms of proof, and notify the applicant in writing that the application together with all documentation have been so submitted. (4) If an application for internal review is lodged after the expiry of 14 days, the information officer may, on good cause shown, allow the late lodging of the application. 49(1) The power to determine a matter brought on internal review in terms of section 48 is to be exercised by - (a) the head of the information holder; or (b) a staff member designated in writing by the information holder. (2) The head of the information holder or staff member referred to in subsection (1) (b) must, within 14 days of receipt of the application for internal review, consider the review of the decision of the information officer and must - (a) refuse the application and confirm the decision; or (b) grant the application and set aside or amend the decision, and must notify the requester or third party in writing. (3) If the head of the information holder or staff member decides to grant access to information, the notice to the requester referred to in subsection (2) must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester may appeal to the Information Commissioner under section 59 against the decision in respect of the reproduction fee, translation fee or transcription fee payable or the form of access, and the process for lodging the appeal. (4) The notice to the third party referred to in subsection (2) must state - (a) the reasons for the decision; and (b) that the third party may appeal to the Information Commissioner against the decision in accordance with section 52, and the process for lodging the appeal. (5) Subject to subsection (6), if a requester has been given notice that access to information has been granted, the head of the information holder or the staff member must immediately give the requester access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (6) If the head of the information holder or the staff member has on internal review decided to release information containing third party information the requester may not be granted access to the information until such time - (a) any right of the third party to appeal against the decision to release the information under section 52 has expired; or (b) any appeal lodged by the third party has been finally determined. (7) If the head of the information holder or the staff member has on internal review refused to grant access to information, the notice to the requester referred to in subsection (2) must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the head; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may appeal to the Information Commissioner against the decision in accordance with section 52, and the process of lodging the appeal. 50. If the head of an information holder or the staff member referred to in section 49(1)(b) fails to make a determination on an internal review within 14 days as required by section 49, the application for review is deemed to have been refused, unless the determination could not be made due to a reason provided and agreed to by the requester at least three days before the expiry of that period. | Must be decided within 14 days of application for internal review |
Nepal | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 9. Complaint may be made: (1) If, Information Officer, does not provide information, denies to provide information, partially provides information, provides wrong information or does not provide information by stating that the applicant is not a stakeholder, the concerned person shall make a complaint to the Chief within (7) days from the date of information denied or partially information received. (2) While investigating the complaint received pursuant to Sub-Section (1), the Chief shall order the Information Officer to provide information as demanded by applicant if it is found that the information was denied or partially provided or wrong information was provided and the Information Officer has to provide information to the concerned applicant if such order is issued. (3) While conducting investigation pursuant Sub-Section (2), if it is found that the Information Officer denied to provide information or partially provided the information knowingly or with mala fide intention or provided wrong information, the Chief may take departmental action against such Information Officer. (4) While investigating pursuant to Sub-Section (2), if it is found that the information cannot be provided; the Chief shall make a decision accordingly and provide a notice stating the reasons to the applicant. Rules 27 (1) The Chief shall finalize the complaint registered pursuant to Sub-section (1) of Section 9 within seven days after necessary inquiry. (2) While making an inquiry over the application pursuant to Sub-Rule (1), if it is found that the information has to be provided to the person who registered complaint pursuant to Sub-section (2) of Section 9, the Chief shall issue an order to the concerned Information Officer to provide information by giving seven days of time in maximum from the date of finalization of such complaint. | |
Netherlands | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Netherland Administrative Law Act, Chapter 6 (about appeals on decisions). Section 5: The notice of objection or appeal shall be signed and shall contain at least: (a) the name and the address of the person lodging it; (b) the date; (c) a description of the order against which the objection or appeal is brought; (d) the grounds of the objection or appeal. 2. A copy of the order to which the dispute relates shall if possible be lodged with the notice of objection. 3. If the notice of objection or appeal is stated in a foreign language and a translation is necessary for the proper processing of the objection or appeal, the person lodging it shall arrange for a translation. Section 7: The period for lodging a notice of objection or appeal shall be six weeks And Section 8: The period shall start on the day after that on which the order is published in the prescribed manner. | |
Norway | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 32. (Appeal): "Decisions made pursuant to this Act may be appealed to the administrative agency that is immediately superior to the administrative agency that has made the decision.<...>" Public Administration Act. Article 29. (time limit for appeals): "The time limit for lodging an appeal shall be three weeks from the date on which notification of the administrative decision has reached the party concerned. If notification is made by public announcement, the time limit for an appeal shall run from the date on which the administrative decision was first published." | |
Peru | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 11 Procedimiento El acceso a la información pública se sujeta al siguiente procedimiento: (...) f) Si la apelación se resuelve en sentido negativo, o la entidad correspondiente no se pronuncia en un plazo de diez (10) días útiles de presentado el recurso, el solicitante podrá dar por agotada la vía administrativa. g) Agotada la vía administrativa, el solicitante que no obtuvo la información requerida podrá optar por iniciar el proceso contencioso administrativo, de conformidad con lo señalado en la Ley N° 27584 u optar por el proceso constitucional del Hábeas Data, de acuerdo a lo señalado por la Ley N° 26301.
|
Article 11(g): there is a mandatory appeal in cases where the department is subject to a higher department. Timeline is found in 11(f):10 business days. No mention of any fees. |
Philippines | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 8: People's Freedom to Information (FOI) Manual: For the effective implementation of this Order, every government office is directed to prepare within one hundred twenty (120) calendar days from the effectivity of this Order, its own People's Manual, which shall include among others the following provisions... (f) The procedure for the administrative appeal of any denial for access to information; Section 13(a): Denial of any request for access to information may be appealed to the person or office next higher in the authority, following the procedure mentioned in Section 8 (f) of this Order: Provided, that the written appeal must be filed by the same person making the request within fifteen (15) calendar days from the notice of denial or from the lapse of the relevant period to respond to the request. Regulations #6 also requires the creation of a Central Appeals and Review Committee within government agencies. | Internal appeal to the Central Appeals and Review Committee is relatively clearly spelled out, including a timeline of 30 working days to respond, according to Reg. 4. |
Poland | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 21 To the complaints considered in the proceedings on making public information available the provisions of the Act of 30 August, 2002 – the Law on proceedings before the administration courts (Journal of Laws No 153, it. 1270) shall apply with the stipulation of the case, defined in Article 22, however: 1) transferring the files and replies to the complaints shall be made within 15 days of receiving the complaint, 2) the complaint is considered within 30 days of receiving the files alongside with the reply to the complaint. | Article 21 provides a procedure with a short frame (14-15 days) relating to the Code of Administrative Proceedings. The refusal has to be considered by the administrative entity of higher instance or in the lack of higher instance shall be reconsidered by that entity that refused access (Article 17.2) |
Romania | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 21(1): "The explicit or tacit refusal of the designated employee of a public authority or institution for the application of the provisions of the present law constitutes a misconduct and entails disciplinary liability of the culprit. (2) Against the refusal provided in paragraph (1), a complaint may be lodged with the head of the respective public authority or institution within 30 days of the acquaintance of the injured person. (3) If, after the administrative injury, the complaint is substantiated, the reply shall be sent to the injured person within 15 days of the filing of the complaint and shall contain both the information of public interest requested initially and the disciplinary sanctions against the culprit." | |
San Marino | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 12 of Legge No. 68/1989 Anyone who is directly affected by an act of the Administration referred to in the preceeding, any person who is directly affected by an act of the Administration referred to in the preceeding articles may lodge an appeal against it with the same body that issued the act, on the grounds of competence, legitimacy and merit [...] The administrative body hearing the appeal [...] decide within a maximum of 15 days from the reciept of the appeal in opposition, whether to reject the appeal or to annul or to reform it. The appellant shall be notified immediately of the decision. | Timeline is less than the 20 days stated |
Serbia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 16. Paragraph 10: "If the authority refuses to inform the applicant in whole or in part about the possession of information, to present the document containing the requested information, to issue or send him a copy of the document, it is obliged to without delay, and no later than 15 days from receipt of the request, make a decision to reject the request and to explain the decision in writing, as well as to instruct the applicant in the decision on legal remedies that he can declare against such a decision." Article 23: "Provisions of the Law on General Administrative Procedure related to the appellate decisions of second instance body shall be applied to the procedure before the Commissioner, unless specified differently by this Law." Article 24: The Commissioner shall reach a decision promptly and within 30 days from the submission of the complaint at the latest, upon giving the public authority and, if necessary the applicant, the opportunity to reply in writing. | A simple procedure with a short timeframe (20 working days) exists. The appeal will be submitted to another body. Proceedings shall be governed by the provisions of another law, the Law on General Administrative Proceedings. |
Seychelles | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 34.(1) The head of the information holder may, on application, review a decision taken by the Information Officer under this Act. (2) A requester may apply for a review of any decision of an Information Officer. (3) A third party may apply for a review of a decision of an Information Officer to grant access to information containing its third party information. (4) An application for review under subsection (2) shall be filed with the Information Officer of the public body within 60 days of the receipt of the relevant decision of an Information Officer. (5) An application for review under the subsection (3) shall be filed with the Information Officer of the relevant body within 10 days of the receipt of a decision of an Information Officer. (6) An application for review shall identify the request and decision of the Information Officer which is the subject of the review. (7) If an application under subsection (1) is lodged after the expiry of 60 days, the Information Officer may, upon good cause shown and with the approval of the head of the information holder, allow the late lodging of the application. (8) As soon as possible, but in any event within five days after receipt of a review application, the Information Officer shall submit to the head of the information holder the - (a) review application, (b) Information Officer’s reasons for the decision; and (c) information that is the subject of the review, and notify the requester and, where relevant, the third party in writing that the documents have been so submitted. 35 (1) The head of the information holder to whom a review application is submitted in accordance with section 34 shall as soon as reasonably possible, but in any event within 15 days after the review application is received by the Information Officer— (a) make a decision; and (b) notify the requester or the third party, as the case may be, of that decision in writing. (2) If the head of the information holder determines to grant access to the information, the notice to the requester referred to in subsection (1) shall state - (a) the reproduction fee or transcription fee, if any payable; (b) the form in which access will be given; and (c) that the requester may apply to the Information Commission under section 58 for appeal against the decision in respect of the reproduction fee, or transcription fee payable or the form of access and the process for lodging that appeal. (3) Subject to subsection (4), where a requester has been given notice under subsection (2), that requester shall-— - (a) if a reproduction fee or transcription fee is payable, upon payment of that fee; or (b) if no reproduction fee or transcription fee is payable, immediately, be given access to the information. (4) Where the head of the information holder has determined to release information containing third party information, the requester may not be granted access to that information until such time as any right of the third party to appeal against the decision under section 58 has expired or any appeal lodged by the third party has been finally determined. (5) If the head of the information holder determines not to grant access to the information, the notice to the requester referred to in subsection (I) shall - (a) state reasons for the refusal. based on the contents and substance of the request and the information considered by the head of the information holder; (6) Where a third party has lodged an application for review, the notice referred to in subsection (1) shall state—(a) reasons for the decision; and (b) that the third party may appeal to the Information Commission under section 58 against the decision, and the process for lodging that appeal. (7) If the head of the information holder fails to give a decision on a review application within the time specified in subsection (I), the head of the information holder is deemed to have affirmed the original decision of the Information Officer and the requester may file appeal to the Information Commission under section 58. | |
Sierra Leone | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 42. (1) A public authority may create an internal appeal mechanism which requesters may use, if they wish to complain that they have not been provided with information in accordance with this Act. (2) An internal appeals mechanism created by a public authority under subsection (1) shall be inexpensive, simple and shall require disposal of the appeal in not more than twenty-one days. | |
Slovakia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 19 Remedies: \"(1) Parties to the proceeding may file appeal against the obliged person Ìs decision rejecting the provision of requested information within fifteen days from the delivery of a decision note or the expiration of the period for compliance with request under Section 17. The appeal shall be filed with the obliged person that issue d or should have issued the decision. (2) The decision on the appeal against the decision of the obliged person shall be made by the superior of the obliged person that issued or should have issued th e decision. If it is a decision of municipal author ity, the decision on the appeal shall be made by the mayor ( city mayor). It shall be possible to file an appeal against the decision of a central body of the state administrat ion, which will be decided by the head of a central body of the state administration. (3) The appellate body shall decide on the appeal withi n fifteen days from the delivery of the appeal by the obliged person. If the appellate body fails to make decision within this period, it shall be deemed th at it issued the decision rejecting the appeal and confirming the contested decision; the decision shall be regarded as delivered on the second day after the expiration of the period for the issuance of a decision. (4) The decision rejecting the request can be examined in legal proceedings under a special law.\" | |
Slovenia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Art 27.1 "(1) The applicant has the right of appeal against the decision by which the body has refused the request, as well as against the order by which the body has dismissed the request." | |
South Korea | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 18(1) When any applicant is dissatisfied with a decision made by any public institution not to disclose information or a decision made by any public institution to partially disclose information, or when no decision is made to disclose information even after 20 days elapse after a request for information disclosure is made, he/she may raise an objection in writing to the relevant public institution within 30 days from the date on which he/she receives a notice on whether or not to disclose the information or from the date on which 20 days elapse after a request for information disclosure is made. (2) State agencies, etc. shall hold a meeting of the Council when any objection under paragraph (1) is raised: Provided, That this shall not apply to any of the following cases: 1. Matters which have already underwent deliberations of the Council; 2. Simple and repetitive requests; 3. Requests for information classified as confidential information pursuant to statutes., PD 18(1): The formal objection pursuant to Articles 18 (1) and 21 (2) of the Act shall be done in writing with matters of the following subparagraphs: 1. Name, resident registration number, address (in case of a corporation or organizations, name, business office, or location of business place and name of representative) and contact point of an applicant; 2. Contents of resolution whether to disclose the information subject to the formal objection; 3. Intent of and reason for the formal objection; 4. The date of receipt of notice of determination on whether to disclose the information, or that of application for the information disclosure. (2) Where public institutions issue notice of the extension of the determination period of the formal objection pursuant to the proviso to Article 18 (3) of the Act, they shall specifically and explicitly indicate the reason for the extension, the period of extension, etc. in a written notice. (3) Where public institutions decide on the rejection or dismissal of the formal objection, they shall specifically and explicitly indicate reasons for the determination and the method and procedure for raising objections. (4) Public institutions shall keep and maintain the records of the processing status of the formal objection in the processing ledger of formal objections. Admin. Appeals Act 25: (1) Where an appellee receiving a written appeal pursuant to Article 23 (1) and (2) or Article 26 (1) finds that the appeal is well-grounded, the appellee may revoke or modify a relevant disposition ex officio, confirm the disposition, or make a disposition upon request by the party (hereafter referred to as "ex officio revocation, etc." in this Article) in accordance with the objective of the appeal. In this case, the appellant shall be notified thereof in writing. (2) Where the appellee has made ex officio revocation, etc. under paragraph (1), unless the appellant withdraws an appeal, the appellee shall present to the commission a written document attesting ex officio revocation, etc. when sending a written appeal and a written answer in accordance with the main body of Article 24 (1). | Appeal and procedures but does not apply where information is excluded under another law. |
South Sudan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 46-48 | |
Sri Lanka | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 31. (1) Any citizen who is aggrieved as a result of (a) refusing a request made for information; may, prefer an appeal to the designated officer within fourteen days of the refusal, act or date of becoming aware of the grounds on which the appeal is sought to be made, as the case may be: ... (2) The designated officer shall issue a receipt on the acceptance of the appeal, to the citizen making the appeal, and in any case within three working days. (3) The decision on any appeal preferred under subsection (1), shall be made by the designated officer within three weeks of the receipt of the appeal and shall include the reasons for the said decision including specific grounds for the same. | |
Taiwan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 20 An applicant who has an objection to the decision made by a government agency for the request of providing, correcting or supplementing the government information may seek for administrative relief as provided by law. | Art 20 |
Tanzania | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 19(1) A person who, having made a request for information, is aggrieved by a decision of the information holder in relation to the request, may apply to the head of institution for review of the decision in respect of any of the following: (a) refusal of access by the information holder to the information requested; (b) payment of fees or charges which the person considers unreasonable; (c) failure of the information holder to comply with time limits set out under this Act; (d) any other matter relating to a request for or access to information made under this Act. (2) The head of institution shall, within thirty days of receiving an application made under subsection (1), determine such application for review in accordance with its own laid down procedures. (3) Any party aggrieved by the decision of the head of institution made under subsection (2) may, within thirty days from the date of receiving such decision, appeal to the Minister whose decision shall be final | 30 calendar days. |
Togo | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 46 : Lorsqu'un requérant conteste la décision d'un organisme public en matière d'accès à l'information ou à la documentation publique, il dispose des voies de recours suivantes : - le recours gracieux ; - le recours hiérarchique ; - le recours devant le médiateur de la République ; - le recours juridictionnel. | |
Tunisia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Art. 29 - Le demandeur d’accès à l’information insatisfait de la décision prise au sujet de sa demande, peut faire un recours gracieux auprès du chef de l’organisme concerné, dans un délai ne dépassant pas les vingt (20) jours suivants la notification de la décision. Le chef de l’organisme est tenu de lui répondre dans les plus brefs délais possibles à condition de ne pas dépasser un délai maximum de dix (10) jours à compter de la date du dépôt de la demande en révision. Le silence du chef de l’organisme concerné, pendant ce délai, vaut refus tacite. Le demandeur d’accès à l’information peut faire un recours directement auprès de l’instance d’accès à l’information mentionnée à l’article 37 de la présente loi. | |
Ukraine | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 23.1 Decisions, actions or inaction of information administrators may be appealed to the administrator’s superior official, a higher authority or court. | |
United Kingdom | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 45(1) The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities' functions under Part I. (2) The code of practice must, in particular, include provision relating to- (e) the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information. Chapter 5 of the 2018 Code of Practice addresses the issue of internal reviews (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/744071/CoP_FOI_Code_of_Practice_-_Minor_Amendments_20180926_.pdf). | The internal appeals process is simple and free of charge. There is no statutory time limit (because it is not mandatory) but the IC recommends 20 working days for this stage, with no case taking more than 40 working days and this is repeated in the 2018 Code of Practice. In practice, this is largely respected. |
United States | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 6(a)(ii) provides for an internal appeal with a relatively short timeframe. | |
Vietnam | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 8(1): 1. Citizens shall have the rights as follows: (b) b) Filing complaints, lawsuits, and denunciations against violations of provisions of the law on access to information. Article 14(1): Information requester are entitled to file complaints and lawsuits against agencies, individuals responsible for information provision mentioned in Article 9 of this Law; (2) Citizens are entitled to make denunciations on violations of law on access to information; (3) Settlement of complaints, lawsuits, and denunciations shall comply with provisions of the laws on complaints, lawsuits, and denunciations and administration procedures. Article 34(1): Agencies providing information as prescribed in Article 9 of this Law shall have responsibilities as follows: (k) Handling complaints, denunciations, and violations of right to access to information in compliance with the laws. | There does seem to be an internal complaints procedure but the rules for handing it are not clear. However, the Laws on Complaints and Denunciations, however, do provide for procedures for internal complaints. |
Afghanistan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 32(1) (1) If an applicant feels that his/her request for information has not been addressed or is not satisfied with the institution’s treatment, he/she can lodge a complaint to the same institution or the Commission. 33(1) (1) The Public Information Officer of the institution that the applicant has requested information from, shall investigate the complaint and respond to the complainant based on the provisions of this law in five working days. | Review again by the PIO is not a new review as is required here (should be a more senior officer at the same public body). |
Albania | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 15 Administrative Appeal "Every person has the right to appeal, through administrative, if it determines that rights have been violated under this law. Administrative appeal procedures regulated by law nr.8475, dated 12.5.1999 "Code of Administrative Procedure of the Republic of Albania". | The law does not endorse the mechanism of internal appeals but an internal appeal is possible under general administrative law/procedure |
Andorra | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 1 | "Article 16: Appeals 2: An administrative appeal may be lodged against decisions on access to public information. prior to its challenge before the administrative jurisdiction, as follows: a) In the case of acts of the General Administration or of the bodies and entities that depend on them or that are under its direction, before the National Commission for Access and Evaluation of Documentation (CNAAD). b) In the case of acts of the commons or of the bodies and entities that depend on them or that are under their direction, before the Council of Common, except the case that an ordination of the corresponding common one attributes this one competence to a specific body. In both cases, the CNAAD report is mandatory and non-binding." "Article 16: Recursos 2: Davant les resolucions en matèria d’accés a la informació pública pot interposar-se recurs administratiu, prèviament a la seva impugnació davant la jurisdicció administrativa, de la manera següent: a) Si es tracta d’actes de l’Administració general o dels òrgans i entitats que en depenen o que estan sota la seva direcció, davant de la Comissió Nacional d’Accés i Avaluació de la Documentació (CNAAD). b) Si es tracta d’actes dels comuns o dels òrgans i entitats que en depenen o que estan sota la seva direcció, davant del Consell de Comú, salvat el cas que una ordinació del comú corresponent atribueixi aquesta competència a un òrgan específic. En ambdós casos és preceptiu i no vinculant l’informe de la CNAAD." | |
Angola | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. | 16_A/95 Article 16 "The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access." Law of administrative appeals. |
Australia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 52 Internal review of decisions—guide This Part [Part VI] provides for internal review of decisions by agencies, other than decisions made personally by the principal officer of an agency or the responsible Minister. Agencies are required to complete internal reviews within 30 days. However, this period may be extended. | Timeline is 30 days. |
Bangladesh | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 24: "Disposal of appeal, etc.- (1) If Any person fails to receive information within the time specified in sub-section (1), (2) and (4) of section 9 or is aggrieved by a decision of the officer-in-charge may, within 30 (thirty) days from the expiry of such period or, as the case may be, from the receipt of such a decision, prefer an appeal to the appellate authority;" | Procedure seems clear enough, but the timeframe is 30 days. |
Bolivia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. (II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | Appeal to a 'competent superior authority' is presumably internal. There is nothing explicit about the procedure being free but there are clear timelines within which any issue needs to be resolved |
Colombia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 27 Resources of the applicant. When the response to the request for information backup invoke national security and defence or international relations, the applicant may appeal to the administrative appeal, which must be filed in writing and supporting diligence in reporting, or within three (3 ) days following it. Denied this resource correspond to administrative courts with jurisdiction in the place where the documents are, whether it is national, departmental and the Capital District of Bogotá authorities or the ALJ if it comes from district and municipal authorities to decide in one instance or if he refuses the request is accepted, in whole or in part. For this, the official concerned shall send the relevant documentation to the court or administrative judge in a period not exceeding three (3) days. If the officer fails to do so the applicant may send the respective directly. The administrative judge will decide within ten (10) days. This term will be discontinued in the following cases: 1 When the court or administrative judge requests a copy or photocopy of the disclosure documents to decide, or any other information required, and to date in which officially received. 2 When the authority requests, to the section of the State Council that the regulation provides, assuming knowledge of the matter in view of its legal significance or purpose of unifying about it. If after five (5) days silent section, or choose not advocate knowledge continue acting before the respective court or administrative tribunal. Paragraph. Be from the tutela for cases not covered in this article, once the internal appeal of the Administrative Code exhausted. | Article 27 of Law 1712 allows for a limited internal appeal if the exception falls under national security/defence or international relations. |
Dominican Republic | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | ARTICLE 27. En todos los casos en que el solicitante no esté conforme con la decisión adoptada por el organismo o la persona a quien se le haya solicitado la información podrá recurrir esta decisión por ante la autoridad jerárquica superior del ente u órgano que se trate, a fin de que ésta resuelva en forma definitiva acerca de la entrega de los datos o información solicitados. | Art 27 contains such a provision, but it is vague. |
East Timor | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 19 Guarantees Acts of refusal of access to official documents of a confidential nature are subject to a hierarchical and judicial appeal in accordance with the law. (d) Refuse access to the document, explaining the grounds of the same, under the terms of this decree-law. | |
Georgia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 1 | Section 27. Commercial Secrets 4. Any person may appeal a decision to consider information to be a commercial secret to a superior administrative body, and to a court as determined by the procedural law of Georgia. Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | Internal appeal only available to challenge application of commercial courts, court only. |
Greece | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 24(1) If the relevant provisions does not allow for the possibility to file the special administrative or remedial appeal under the following article, for the restitution of material or moral prejudice of lawful interests caused by an individual administrative deed, the interested party may, for any reason, apply for revocation or amendment thereof (application for remedy) to the administrative authority that issued the deed, or for cancellation thereof (hierarchical appeal) to the superior authority of the authority that issued the deed. (2) The administrative authority to which the said application is submitted should notify its decision to the interested parry within thirty (30) days, unless special provisions stipulate a different time limit. Article 25(1) When so stipulated by special provisions, for the restitution of material or moral prejudice of lawful interests caused by an administrative deed, the interested party may appeal to the administrative body stipulated by such provisions within the time limit stated therein and request the cancellation or amendment of the deed, as the case may be. (2) [...] The competent body should notify its decision to the appellant within the time limit, if any, set by the special provisions or, in case of special appeal, within thirty (30) days and, in case of remedial appeal, within three (3) months [...]. | |
Ireland | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | S.I. No. 484/2014 - Freedom of Information Act 2014 (Fees) Regulations 2014. | 4(1) Subject to paragraph (3)(a), a fee of 30.00 euros is prescribed for the purposes of paragraph (a)(i) of section 27(13), in respect of a person who makes an application under section 21, not being (a) an application in relation to a decision under section 9 or 10, or (b) an application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount, under section 27. |
Israel | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | N/A | See Decision 2950, which established the Freedom of Information Unit. |
Ivory Coast | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 22. Lorsqu’un requérant conteste la décision d’un organisme public en matière d’accès à l’information, il dispose des voies de recours suivantes: le recours hiérarchique; le recours devant la CAIDP; le recours juridictionnel. | Deadlines not stated. |
Japan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | N/A | See Administrative Complaint Review Act (Act No. 68 of 2014), aka the Administrative Appeal Act, here. |
Kazakhstan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 18(1) Unlawful limitation of the right for access to information may be appealed to a higher state body (a higher rank official) or to a court. (2) An appeal of actions (inactions) of state officials and also state bodies' decisions is to be addressed to a higher rank official or an body or a court not later than three months from the day when a person learnt that an action was done or decision taken by a relevant state official or an body. Missing a deadline for bringing an appeal will not serve as a reason to deny the admittance of the appeal by a state body or a state official or a court. The reasons for missing the deadline will be revealed during the consideration of the appeal and may become one of the basis for denying the appeal. | Little information available about the procedures for internal appeals. |
Kuwait | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | In all cases of rejection of the application or absence of reply, the applicant may file a grievance to the authority which shall reply thereto within sixty days, and the rejection of the grievance shall be in a letter indicating the reasons for rejection. The absence of reply shall be considered as a rejection of the grievance. The executive regulations shall regulate the grievance procedure and settlement. Litigation procedures should not be taken before settling the grievance. | Right to an internal appeal but too long to respond. Articles 5-8 of the Regulations set out addition procedural rules on internal appeals. |
Moldova | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 22. Contesting information provider's actions extrajudicially (1) When the party requesting information believes that his/her rights and legitimate interests to access information have been violated, he/she may contest the actions of the person in charge of receiving and examining information-access requests during a 30-day period form the date when he or she found out or was supposed to find out about the violation to the top management of the information provider or/and to the higher body in hierarchy (2) The top management of the information provider or/and the higher body in hierarchy will examine the information solicitor's petition during a period of 5 working days and will inform him/her about the results of the examination during 3 working days. (3) Notifications, by which actions or lack of actions of the organizations that have no higher body are contested, are addressed directly to the judicial institution. | The procedure is simple and has short timeframes but there are some public institutions that have no higher body to respond the appeal and, in this case, appeals must be addressed directly to a court. |
Niger | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 27: Lorsqu’un usager conteste la décision d’une administration ou d’un organisme privé assurant une mission de service public, en matière d’accès à l’information, il dispose des voies de recours suivantes : le recours gracieux ; le recours hiérarchique ; 6 le recours devant le médiateur ; le recours juridictionnel. Les recours s’exercent dans les conditions prévues par les textes en vigueur. | Article 27 provides for an appeal, but is vague as to how it works. Recours hierchique and recours gracieux are internal mechanisms, but the procedure is not defined here. |
Paraguay | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 22 Definition. Public Information is the one that has been or is qualified or determined as such expressly by law. | This seems to point to some form of internal appeals mechanism, but it's very vague. |
Qatar | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | مادة 1: في تطبيق أحكام هذا القانون، تكون للكلمتين والعبارات التالية، المعاني الموضحة قرين كل منها، ما لم يقتضِ السياق معنى آخر … الرئيس: الوزير، أو رئيس الجهاز الحكومي أو الهيئة أو المؤسسة العامة أو الجمعية، أو رئيس مجلس إدارة الشركة، ومن في حكمهم ممن قد يترأسون إحدى الجهات المنصوص عليها في المادة (2) من هذا القانون، بحسب الأحوال . مادة 18: لطالب المعلومات أن يتظلم للرئيس في حال رفض طلبه، وذلك خلال (30) ثلاثين يوماً من تاريخ إخطاره بنتيجة البت في الطلب، ويبتُّ الرئيس في التظلم في مدة لا تجاوز (15) خمسة عشرة يوماً من تاريخ تقديمه، ويُعتبر مضي هذه المدة دون البت في التظلم رفضاً ضمنياً له 1. In applying the provisions of this law, the following words and phrases will have the meanings indicated next to each of them, unless the context requires another meaning. … President: The Minister, the head of the government agency, the public authority or institution, or the association, or the chairman of the company’s board of directors, and those of the like who may head one of the bodies stipulated in Article (2) of this law, as the case may be. 18. The information requester may file a grievance with the President if his request is rejected, within (30) thirty days from the date of his notification of the result of deciding on the request. The President shall decide on the grievance within a period not exceeding (15) fifteen days from the date of its submission. Where this period has passed without deciding on the grievance, it is deemed to be implicitly rejected. |
There is an internal complaint with reasonable timelines, but the exact procedure for how to file the complaint is not specified, nor does it explicitly state that it is free of charge. |
Russia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Article 23(1): (Protection of the Right to Access to Information on the Activities of Government Bodies and Bodies of Local Self-Government): Decisions and actions (omissions) of government bodies and bodies of local self-government, or by officials of these bodies, that violate the right to access information on the activities of government bodies and bodies of local self-government, can be appealed to a higher body or to higher official or in court. | No mention about the timeframe. It can be inferred that the procedure will be free. |
Rwanda | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | A mechanism for general administrative complaints is provided under Rwanda\'s administrative procedure law. | |
Saint Kitts and Nevis | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 43(2)(b) | Seems to be an optional procedure for public bodies |
South Africa | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 74. (1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1— (a) to refuse a request for access; or (b) taken in terms of section 22, 26(1) or 29(3), in relation to that requester with the relevant authority. (2) A third party may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1 to grant a request for access. 74 (3) (a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any). 75. (1) An internal appeal— (a) must be lodged in the prescribed form— (i) within 60 days; (ii) if notice to a third party is required by section 49(1)(b), within 30 days after notice is given to the appellant of the decision appealed against or, if notice to the appellant is not required, after the decision was taken; (b) must be delivered or sent to the information officer of the public body concerned at his or her address, fax number or electronic mail address; (c) must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known to the appellant; (d) if, in addition to a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed; (e) if applicable, must be accompanied by the prescribed appeal fee referred to in subsection (3); and (f) must specify a postal address or fax number. (2)(a) If an internal appeal is lodged after the expiry of the period referred to in subsection (1)(a), the relevant authority must, upon good cause shown, allow the late lodging of the internal appeal. (b) If that relevant authority disallows the late lodging of the internal appeal, he or she must give notice of that decision to the person that lodged the internal appeal. (3)(a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any). (b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision on the internal appeal may be deferred until the fee is paid. (4) As soon as reasonably possible, but in any event within 10 working days after receipt of an internal appeal in accordance with subsection (1), the information officer of the public body concerned must submit to the relevant authority— (a) the internal appeal together with his or her reasons for the decision concerned; and (b) if the internal appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party that must be notified in terms of section 47(1) of the request. 2001 Regulations Relating to the Promotion of Access to Information, 7. The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his or her request for access, as contemplated in section 75(3) (a) of the Act is R 50.00 | There is an internal appeal, but it is not free. |
Sweden | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | OSL 6:3 (the secrecy law) | The secrecy law does provide for this but there is no timeframe. |
Uganda | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 16. Decision on request and notice (2) Where the request for access is granted, the notice under subsection (1)(b) shall state– (...) (c) that the person requesting access may lodge an internal appeal or an application with the court, as the case may be, against the access fee to be paid or the form of access granted and the procedure, including the period, for lodging the internal application or appeal, as the case may be. (3) Where the request for access is refused, the notice under subsection (1)(b) shall- (...)(c) state that the person may lodge an internal appeal or an application with the Court, as the case may be, against the refusal of the request and the procedure, including the period, for lodging the internal application or appeal as the case may be. 17. Extension of period to deal with request. (3) A notice given under subsection (2) shall state - (...) (c) that the person may lodge an internal appeal or an application with a court, as the case may be, against the extension, and the procedure, including the period, for lodging the internal appeal or application, as the case may be. | The law provides for an internal appeal, but the cost, timelines and general procedures are unclear. |
Venezuela | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 12. La omisión de la respuesta en el lapso establecido o la negativa expresa de la información de interés público solicitada dará lugar al ejercicio de los recursos administrativos establecidos en la Ley Orgánica de Procedimientos Administrativos. Ley Orgánica de Procedimientos Administrativos 91. El recurso de reconsideración, cuando quien deba decidir sea el propio Ministro, así como el recurso jerárquico, deberán ser decididos en los noventa (90) días siguientes a su presentación. 94 El recurso de reconsideración procederá contra todo acto administrativo de carácter particular y deberá ser interpuesto dentro de los quince (15) días siguientes a la notificación del acto que se impugna, por ante el funcionario que lo dictó. Si el acto no pone fin a la vía administrativa, el órgano ante el cual se interpone este recurso, decidirá dentro de los quince (15) días siguientes al recibo del mismo... | Procedures detailed in the Ley Orgánica de Procedimientos Administrativos. Point deducted for timelines -- 15 day timeline only applies to appeals for reconsideration of non-final decisions. Appeals decided by Minister or hierarchical appeals have 90 day limit. |
Antigua and Barbuda | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeals. |
Argentina | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | |
Armenia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Austria | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned | N/A |
Benin | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Bulgaria | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Canada | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeals procedure. |
Chile | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Cook Islands | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeals procedure - which is troubling since the Ombudsman's website repeatedly instructs complainants to go through an internal appeal first. |
Cyprus | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Unclear. |
Czech Republic | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Section 16 - Appeal "(1) An appeal may be filed against the decision on request rejection of the obligated body.(2) The obligated body shall submit the appeal and file documentation to the superior body within 15 days of the receipt of the appeal." | |
Ecuador | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No - the requests go to the head of the agency anyway, so no room for appeals. |
El Salvador | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Fiji | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Article 36(2) The information officer must - [...] (d) receive complaints under this Act. | Although the information officer receives complaints, there does not appear to be any internal appeal. |
France | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | The appeal mechanism with the CADA includes the need of the administrative authority that refused the info to reconsider its decision. |
Guyana | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Honduras | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | ARTICULO 18. ACUERDO DE CLASIFICACION DE LA INFORMACION COMO RESERVADA. Para clasificar la información como reservada, en base a cualquiera de las causales enumeradas en el articulo anterior, el titular de cualquier órgano publico, deberá elevar la petición por medio de la instancia de máxima jerarquía de la institución a la cual pertenezca, quien de considerarlo pertinente, emitirá el respectivo acuerdo de clasificación de la información, debidamente motivado y sustentado. El titular respectivo debe remitir copia de la petición al Instituto de Acceso a la Información Publica. Cuando este considere que la información cuya clasificación se solicita no se encuentra en ninguno de los supuestos del articulo anterior, lo hará del conocimiento del superior respectivo y este denegara la solicitud del inferior. Si, contrariando esta opinión, se emitiere el acuerdo de clasificación, este será nulo de pleno derecho. | Article 18 - No internal appeal - classifications must go through the head of the department. |
Hungary | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Iceland | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Iran | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Jordan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeals. |
Kenya | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Kosovo | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Lebanon | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not in law nor regulation. |
Luxembourg | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Malta | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Check code of practice - article 41. | |
Mexico | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | ||
Monaco | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
New Zealand | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | No internal appeals. | |
Nicaragua | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | No - appeals in the first instance go to the information disclosure bodies. | |
Nigeria | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
North Macedonia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Pakistan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Palau | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned | |
Panama | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Portugal | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Republic of Belarus | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Article 21 on the provision of publicly accessible information upon request states that “the procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus.” | There is a law of the Republic of Belarus “On petitions (appeals) of citizens and legal entities” of 18 July 2011. The legislation on citizens' appeals is used in practice when considering FoI requests. At the same time, the legislation on citizens' appeals does not have any specific procedure directly for FoI requests. |
Saudi Arabia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | The main steps for the request to access public information (pp. 46 - 47) Third: In the event the applicant wants to appeal a denial by a public entity, they could submit a written or electronic notice of appeal to the public entity's Office within a specific period of time, not exceeding ten (10) working days after receiving the decision of the public entity. The Board of Grievances within the entity's office, shall review the application, make the appropriate decision and notify the applicant of the related fees – it is retrieved if the Board approves the request – and the appeal decision. | The Board of Grievances is the Kingdom of Saudi Arabia's system of courts that handle administrative disputes. The wording is a little vague here, possibly due to translation issues - the reference to the Board of Grievances "within the [public] entity's Office" sounds a little like an internal appeal, but it is likelier that this is simply a judicial appeal given the specific "Board of Grievances" terminology. Thus, no points awarded for this indicator since there does not appear to be an internal appeal (only a judicial one). |
Spain | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | 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. Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común. Artículo 89 (Contenido): 3. Las resoluciones contendrán la decisión, que será motivada en los casos a que se refiere el artículo 54. Expresarán, además, los recursos que contra la misma procedan, órgano administrativo o judicial ante el que hubieran de presentarse y plazo para interponerlos, sin perjuicio de que los interesados puedan ejercitar cualquier otro que estimen oportuno. | El recurso administrativo queda sustituido por el recurso al Consejo de la Transparencia por lo que consideramos que no hay recurso administrativo. |
Sudan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Switzerland | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned. | |
Tajikistan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | 14(3) allows for appeals - but provides no guidance on how they function. | |
Thailand | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeal available. |
Trinidad and Tobago | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | 10. (1) A person may serve upon a public authority a notice in writing stating that, in the opinion of the person a statement published by the public authority under section 8(2)(a) or (b) or section 9(2)(a) or (b) does not specify a document as described in section 8(1) or 9(1) that was required to be specified in the statement. | 10(1) allows for internal appeals, but only against substandard proactive publication. |
Turkey | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeal listed. |
Uruguay | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | No internal appeals - denials must be made by the highest authority in the agency. |
Uzbekistan | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
Vanuatu | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
Yemen | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned. | |
Zambia | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned | |
Zimbabwe | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
- Methodology & Rating
- Historical
- News & Reports
- COVID-19 Tracker