By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 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(2) (2) In case the applicant lodges a complaint first with the institution that he or she requested information from, after receiving a written answer or after five working days can address his/her complaint to the commission. | |
| Albania | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 24(1) Every person, when it considers that his rights under this Law have been violated, has the right to appeal administratively to the Commissioner for the Freedom of Information and Protection of Personal Data in accordance with this Law and the Code of Administrative Procedure. | |
| Angola | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. 19 It is the responsibility of the Monitoring Commission: (a) to draft its internal rules; (b) evaluate all complaints submitted to it by the interested persons; (c) advise on access to personal documents; (d) present its position on the system of classification of documents; (e) give opinions on the implementation of this law, as well as on the drafting and implementation of the complementary laws; (f) prepare an annual report on the implementation of this law and on its activity, to be forwarded to the National Assembly and then to the government for publication. | |
| Antigua and Barbuda | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 41 A person who has made a request for information may apply in writing to the Commissioner for a decision that a public authority or private body has failed to comply with an obligation under Part III, including the following: (a) refusing to indicate whether or not it holds a record, or to communicate information, contrary to section 13; (b) failing to respond to a request for information within the time limits established in section 18; (c) failing to provide a notice in writing of its response to a request for information, in accordance with section 19; (d) failing to communicate information forthwith, contrary to section 19 (3); (e) charging an excessive fee, contrary to section 20; or (f) failing to communicate information in the form requested, contrary to section 21." | |
| Argentina | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | ARTÍCULO 15° — Reclamo por incumplimiento. Ante los supuestos de denegatoria de una solicitud de información establecidos en el artículo 13 de la presente ley o ante cualquier otro incumplimiento a lo dispuesto en la presente, el solicitante podrá, dentro de un plazo de cuarenta (40) días hábiles contados desde el vencimiento del plazo para la respuesta establecido en el artículo 11 de esta norma, interponer un reclamo ante la Agencia de Acceso a la Información Pública o, a su opción, ante el organismo originalmente requerido. Este último deberá elevarlo de inmediato y sin dilación a la Agencia de Acceso a la Información Pública para su resolución. | |
| Armenia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. HRD Law Article 2(1) The Defender is an independent official who observes the maintenance of human rights and freedoms by public and local self-government bodies and officials, and in cases prescribed by this law also by organisations, facilitates the restoration of violated rights and freedoms, improvement of normative legal acts related to rights and freedoms. HRD Law Article 5(1) In the course of exercising his or her powers, the Defender shall be independent, be guided only by the Constitution of the Republic of Armenia, this Law and international treaties of the Republic of Armenia. HRD Law Article 16(1) Every natural and legal person shall have the right to apply to the Defender if his or her rights and freedoms are violated by state and local self-government bodies and officials, as well as by organisations in cases prescribed by this Law. | |
| Australia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 54L IC reviewable decisions—access refusal decisions (1) An application may be made to the Information Commissioner for a review of a decision covered by subsection (2). (2) This subsection covers the following decisions: (a) an access refusal decision; (b) a decision made by an agency on internal review of an access refusal decision (see section 54C); (c) a decision refusing to allow a further period for making an application for internal review of an access refusal decision (under section 54B). (3) The IC review application may be made by, or on behalf of, the person who made the request to which the decision relates. | S. 54M is a similar provision allowing affected third parties to appeal an access grant decision. |
| Azerbaijan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 27-1. Complaint about refusal or improper execution of the information request. The applicant has the right to appeal to the court or the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan against the refusal or improper execution of the request. The owner of the information requesting the information shall explain to the requester this right and state it in the response (information) provided | |
| Bahamas | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 39. Appeal to Commissioner. (1) A person who has exhausted the internal review procedure provided for under Part IV of this Act may, in writing, apply to the Commissioner for a decision that a public authority has— (a) failed to indicate whether or not it holds a record; (b) failed to communicate the information contained in a record within the time allowed by this Act or at all; (c) failed to respond to a request for a record within the time limits established in this Act; (d) failed to provide a notice in writing of its response to a request for a record; (e) charged a fee that is in contravention of this Act; or (f) otherwise failed to comply with an obligation imposed under this Act. (2) An appeal— (a) shall be made within thirty days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or (b) shall, where no notification has been given, be given within the period required by this Act, within thirty days after the expiration of that period. (3) Where an appeal is not made within the period specified in subsection (2), the Commissioner may extend that period if he is satisfied that the appellant’s delay in doing so is not unreasonable. (4) On the consideration of an appeal, the Commissioner may make any decision which could have been made on the original application. | |
| Bangladesh | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 13: "Powers and functions of the Information Commission.- (1) If any person files a complaint regarding any one of the following reasons, the Information Commission shall, subject to the provision of this Act, receive, inquire into and dispose of such complaint, namely:- (a) non-appointment of an officer-in-charge by any authority, or its refusal to accept a request for information; (b) refusal of any request for information; (c) a request for information has been left unattended of no information received within the time-limit specified under this Act; (d) if the applicant is asked for a fee or compelled to pay an amount of fee which he considers to be unreasonable; (e) if the applicant is provided with incomplete information or such information that appears to be misleading or false; and (f) any other matter relating to requesting or obtaining information under this Act. (2) The Information Commission may, on its own accord or upon a complaint, conduct an inquiry regarding the complaint raised under this Act. (3) The Information Commission, or as the case may be, the Chief Information Commissioner or Information Commissioners, may exercise such powers as a civil court may exercise under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters, namely:- (a) to issue summons to enforce the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or other things; (b) to examine and inspect information; (c) to receive evidence on affidavit; (d) to bring in any information from any office; (e) to issue summons for witnesses or documents; and (f) any other matter prescribed by rules for carrying out the purposes of this Act. (4) Notwithstanding anything contained contrary in any other law, while inquiring after a complaint under this Act, the Information Commission or, as the case may be, the Chief Information Commissioner or the Information Commissioners may examine on spot any information relating to the complaint kept in the custody of any authority. (5) The Functions of the Information Commission shall be as follows namely:- (a) to issue directives for the preservation, management, publication, publicity of and access to information by authority; (b) to prescribe the procedure for applying for information from the authority and, as the case may be, to fix appropriate price of information; (c) to formulate guidelines and directives as to the preservation and implementation of the right to information of the citizens; (d) to consider the provisions recognized under the Constitution of the People's Republic of Bangladesh or any other law for the time being in force in order to preserve the right to information and recommend to the Government for their effective implementation by indicating the impediments; (e) to identify the impediments against the preservation and implementation of right to information of the citizens and recommend to the Government for appropriate solution; (f) to conduct research on the agreements relating to the right to information and other international instruments and to recommend to the Government for their implementation; (g) to examine the similarities of the prevailing law relating to the maintenance and implementation of the right to information of the citizens and to make necessary recommendation to the Government or, as the case may be, to the appropriate authority in order to ensure their harmonization with the international instruments; (h) to advise the Government to ratify or sign any international instrument on right to information; (i) to conduct research on preservation and implementation of the right to information and to assist the educational and professional institution for conducting such research; (j) to publicize the issues relating to the preservation and implementation of the right to information among different classes of citizens of the society and to increase their awareness about the right to information by publishing, disseminating or any other means; (k) to advise and provide assistance to the Government in order to make necessary laws and administrative directives for preservation and implementation of right to information; (l) to advise and provide assistance to the organizations or institutions working for the preservation and implementation of the right to information and to citizens in general; (m) to increase public awareness on right to information by conducting research, seminars, symposiums, workshops and similar other measures and disseminate the result obtained from the research; (n) to give the authority technical and other assistance with a view to ensuring right to information; (o) to establish a web portal for Bangladesh to ensure right to information; (p) to oversee the actions taken under any other law relating to the preservation and implementation of the right to information;" 25: "Making of Complaint, disposal, etc.- (1) A person may lodge a complaint to the Information Commission for any of the following reasons namely:- (a) if he gets no information under sub-section (1) of section 13; (b) if he is aggrieved by the decision on his appeal under section 24; (c) if he gets no information within the time-limit mentioned in section 24 or, as the case may be, gets no decision about providing information. (2) A complaint may be lodged to the Information Commission at any time in respect of any matter mentioned in clause (a) of sub-section (1), and within 30 (thirty) days from the date of such decision or, as the case may be, the date of exceeding the time-limit in respect of any matter mentioned in clause (b) and (c) of sub-section (1). (3) If the Information Commission is satisfied that the complainant, for any reasonable cause, fails to lodge a complaint within the time limit as mentioned in sub-section (2), it may accept the appeal even after the expiry of that time. (4) If the Information Commission is satisfied upon an complaint or otherwise that any authority or, as the case may be, any officer-in-charge has failed to do an act or has done an act that was not necessary to do in accordance with the provisions of this Act, it may take action against such authority or, as the case may be, such officer-in-charge under this section. (5) On receipt of a complaint under sub-section (1) or if it is required to take an action under sub-section (4), the Chief Information Commissioner himself shall enquire into the complaint or delegate the duty to any other information Commissioner to enquire into the same. (6) The Chief Information Commission or, as case may be, the Information Commissioner, within 30 (thirty) days from the date of taking or receiving duty under sub-section (5), shall, after completing the enquiry into the complaint, prepare a decision-paper for the Information Commission. (7) The decision-paper mentioned in sub-section (6) shall be presented in the next meeting of the Information Commission, and it shall, on discussion in the meeting, take decision regarding the matter. (8) During the enquiry into any complaint under this section, the authority or, as the case may be, the officer-in-charge against whose decision the complaint is lodged, shall be given an opportunity to present arguments in support of his decision. (9) If a third party is involved in the complaint, the Commission shall also give such third party an opportunity to present his statements. (10) The Information Commission shall, in general, dispose of any complaint made under sub-section (1) with in 45 (forty five) days of receiving such complaint, but, in special cases, if it requires extended time to complete the enquiry and depositions of the witnesses, the complaint may be disposed of within such extended time: Provide that the time limit of disposing of a complaint shall not, in any way exceed more than 75 (seventy five) days inclusive of extended time. (11) At the time of taking decision under this section, the Information Commission shall have the following powers namely:- (a) to direct the authority or, as the case may be, the officer-in-charge to take the following steps which are necessary to take under the provisions of this Act, namely:- (i) to provide the requested information in a specific manner; (ii) to appoint an officer-in-charge; (iii) to publish any special information or special class of information; (iv) to being changes in the procedures to be followed by the authority in respect of preservation, management or publication of information; (v) to impart better training on right to information to the officers of the authority; (vi) to give compensation for any loss or damage; (b) to impose fines under this Act; (c) to keep the decision of the authority in force; (d) to reject any complaint; (e) to classify the information newly by the authority; (f) to interpret any matters relating to the nature, classification, preservation, publication, supply of information in the light of this Act. (12) Any decision passed under this section by the Information Commission shall be binding upon all concerned. (13) The Information Commission shall inform its decision to all concerned in writing. (14) The Information Commission shall take other steps in disposing of a complaint in such manner as may be prescribed by regulations." | |
| Belize | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | SECTION 35 (1) Application may be made to the Ombudsman for review of a decision refusing to grant access to a document in accordance with a request or deferring the provision of access to a document. (2) Subject to subsection (3), in proceedings under this Part, the Ombudsman has power, in addition to any other power, to review any decision that has been made by a Ministry or prescribed authority in respect of the request and to decide any matter in relation to the request that, under this Act, could have been or could be decided by a Ministry or prescribed authority, and any decision oI the Ombudsman under this section has the same efect as a decision of the Ministry or prescribed authority. (3) Where, in proceedings under this section, it is established that a document is an exempt document, the Ombudsman does not have power to decide that access to the document, so far as it contains exempt matter, is to be granted. (4) Where, under a provision of Part IV, it is provided that a certificate of a specified kind estahlishes conclusively, for the purposes of this Act, that a document is an exempt document and such a certificate has been given in respect of a document, the powers of the Ombudsman do not extend to reviewing the decision to give the certificate or the existence of proper grounds for the giving of the certificate. (5) The powers of the Ombudsman under this section extend to matters relating to fees and charges payable under this Act in relation to a request. | S 35 - with the Ombudsman. |
| Benin | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 97: Le demandeur qui entend contester une décision de rejet peut déposer une plainte auprès de la Haute Autorité de l’Audiovisuel et de la Communication dans les cinq (05) jours francs à compter de la date de la notification ou du constat de la décision implicite de rejet, sous peine de forclusion. | |
| Bolivia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 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. | Complaint before Ombudsman |
| Bosnia and Herzegovina | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 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 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 16. When the applicant has the access to information denied by organs or entities of the Federal Executive Branch, the applicant may appeal to the Office of the Comptroller General, which shall decide within five days (...). Article 35. The Commission for Reassessment of Information, consisting of State Ministers and representatives from the Legislative and Judiciary branches appointed by their respective presidents, shall be in frequent contact with the Chief of Staff of the Presidency of the Republic and under the jurisdiction of the federal government. (...) | 16 and 35 - the CGU and the Reevaluation Commission |
| Burkina Faso | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 54 : L’Autorité nationale d’accès à l’information publique est chargée de: résoudre les litiges liés au droit d’accès à l’information et aux documents administratifs à travers notamment la négociation, la conciliation ou la médiation lorsqu’elle juge un tel recours approprié ; Article 69 : Les autres membres de l’Autorité nationale d’accès à l’information publique sont chargés d’assister les citoyens dans l’exercice de leurs recours visant l’accès à l’information publique et aux documents administratifs. Article 77 : En cas de refus d’accès à l’information et aux documents administratifs, le citoyen peut exercer un recours devant l’Autorité nationale d’accès à l’information publique après épuisement de l’une des voies de recours administratifs. | |
| Canada | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 30(1) Subject to this Act, the Information Commissioner shall receive and investigate complaints (a) from persons who have been refused access to a record requested under this Act or a part thereof; (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable; (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable; (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate; (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate; (e) in respect of any publication or bulletin referred to in section 5; or (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Nothing in this Act precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Act, the Commissioner may initiate a complaint in respect thereof. | |
| Chile | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | ARTICLE 33. El Consejo tendrá las siguientes funciones y atribuciones: a) Fiscalizar el cumplimiento de las disposiciones de esta ley y aplicar las sanciones en caso de infracción a ellas. b) Resolver, fundadamente, los reclamos por denegación de acceso a la información que le sean formulados de conformidad a esta ley. c) Promover la transparencia de la función pública, la publicidad de la información de los órganos de la Administración del Estado, y el derecho de acceso a la información, por cualquier medio de publicación. d) Dictar instrucciones generales para el cumplimiento de la legislación sobre transparencia y acceso a la información por parte de los órganos de la Administración del Estado, y requerir a éstos para que ajusten sus procedimientos y sistemas de atención de público a dicha legislación. e) Formular recomendaciones a los órganos de la Administración del Estado tendientes a perfeccionar la transparencia de su gestión y a facilitar el acceso a la información que posean. f) Proponer al Presidente de la República y al Congreso Nacional, en su caso, las normas, instructivos y demás perfeccionamientos normativos para asegurar la transparencia y el acceso a la información. g) Realizar, directamente o a través de terceros, actividades de capacitación de funcionarios públicos en materias de transparencia y acceso a la información. h) Realizar actividades de difusión e información al público, sobre las materias de su competencia. i) Efectuar estadísticas y reportes sobre transparencia y acceso a la información de los órganos de la Administración del Estado y sobre el cumplimiento de esta ley. j) Velar por la debida reserva de los datos e informaciones que conforme a la Constitución y a la ley tengan carácter secreto o reservado. k) Colaborar con y recibir cooperación de órganos públicos y personas jurídicas o naturales, nacionales o extranjeras, en el ámbito de su competencia. l) Celebrar los demás actos y contratos necesarios para el cumplimiento de sus funciones. m) Velar por el adecuado cumplimiento de la ley Nº 19.628, de protección de datos de carácter personal, por parte de los órganos de la Administración del Estado. | |
| Cook Islands | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 30. Functions of Ombudsman - (1) It shall be a function of the Ombudsman to investigate and review any decision by which a Ministry or Minister of the Crown or organisation - (a) refuses to make official information available to any person in response to a request made by that person in accordance with section 11 of this Act; or (b) decides, in accordance with section 16 or section 17 of this Act, in what manner or, in accordance with section 14 of this Act, for what charge a request made in accordance with section 11 of this Act is to be granted; or (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 11 of this Act; or (d) gives a notice under section 9 of this Act. (2) It shall be a function of the Ombudsman to investigate and review any decision by which the permanent head of a Ministry or an officer or an employee of a Ministry authorised by its permanent head or a Minister of the Crown or an organisation extends any time limit under section 15 of this Act. (3) An investigation and review under subsection (1) or subsection (2) may be made by the Ombudsman only on complaint being made to the Ombudsman in writing. (4) If, in relation to any request made in accordance with section 11 of this Act, any Ministry or Minister of the Crown or organisation fails within the time limit fixed by section 14(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 14(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make available the official information to which the request relates. (5) Undue delay in making official information available in response to a request for that information, shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make that information available. | |
| Croatia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art.26.1.: No complaint may be filed against the Decision issued by the Commissioner, but an administrative dispute may be initiated before the High Administrative Court of the Republic of Croatia. The High Administrative Court of the Republic of Croatia must issue a decision on Complaint within 90 days. The Complaint shall delay the execution of the Decision granting access to information. | |
| Cyprus | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 4 (Information Commissioner) | There is an Information Commissioner |
| Denmark | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Danish Ombudsman Act, Article 13. "Any person may lodge a complaint with the Ombudsman against the authorities referred." | Link to the Ombudsman Act here |
| El Salvador | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | ARTICLE 29 En caso de discrepancia sobre la clasificación de la información entre el particular y un ente obligado o entre entes obligados, resolverá el Instituto. | Art 29 provides for an appeal to the "Instituto". |
| Estonia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 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." [RT I 2002, 61, 375 - entry into force 01.08.2002] | |
| Ethiopia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art 31(4) Any person who is aggrieved by the decision of the head of the public body may lodge his appeal to the Ombudsman within 30 days of receiving that decision. | |
| Finland | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | [The Constitution of Finland] Article 109(1) The Ombudsman shall ensure that the courts of law, the other authorities and civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfil their obligations. In the performance of his or her duties, the Ombudsman monitors the implementation of basic rights and liberties and human rights. (2) The Ombudsman submits an annual report to the Parliament on his or her work, including observations on the state of the administration of justice and on any shortcomings in legislation. | A complaint to the Parliamentary Ombudsman or the Chancellor of Justice is possible. But we have focus on the Parliamentary Ombudsman because the Chancellors of Justice does not have the necessary international standard about the administrative independent. [The Constitution of Finland] Article 108(1) The Chancellor of Justice shall oversee the lawfulness of the official acts of the Government and the President of the Republic. The Chancellor of Justice shall also ensure that the courts of law, the other authorities and the civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfil their obligations. In the performance of his or her duties, the Chancellor of Justice monitors the implementation of basic rights and liberties and human rights. |
| France | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 20, Appeal to the CADA. | |
| Gambia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 67 A requester or a third party may appeal against the decision of the head of the Information holder in writing to the Commission. | |
| Germany | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 12(1) Anyone considering their right to access to information pursuant to this Act to have been violated may appeal to the Federal Commissioner for Freedom of Information. (2) The function of Federal Commissioner for Freedom of Information shall be performed by the Federal Commissioner for Data Protection. (3) The provisions of the Federal Data Protection Act on the monitoring tasks of the Federal Commissioner for Data Protection (Section 24(1) and (3) to (5)), on complaints (Section 25 (1), sentence 1, nos. 1 and 4, sentence 2 and sub sections 2 and 3) and on further tasks pursuant to Section 26(1) to (3) shall apply mutatis mutandis. | |
| Ghana | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 65(1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision. (2) An application to the Commission may be made orally or in writing. (3) Where an application is made orally, the Commission, shall reduce the oral application into writing and provide a copy of the written record to the applicant. (4) Where the applicant is illiterate and the application has been reduced into writing, the information officer at the commission 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) ask the applicant to make a thumbprint or mark on the request. 66 Subject to subsections (1) and (2) of section 65, an application to (a) the Commission for a review of the decision of a public institution shall only be made to the Commission after the applicant has exhausted all rights of internal review offered by the public institution or relevant private body, | |
| Guinea | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 39. En cas de refus de la demande par le chef de l'organisme concerné ou en cas de défaut de réponse de sa part à l'expiration du délai de dix (10) jours à compter de la date de réception de la demande de révision, le demandeur d'accès peut interjeter appel devant l'instance d'accès à l'information mentionnée à l'article 46 de la présente loi, et ce, dans un délai ne dépassant pas les vingt (20) jours à compter de la réception de la décision du refus du chef de l'organisme ou de la date du refus tacite. | 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). |
| Honduras | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 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. ARTICULO 26: PROCEDIMIENTOS A SEGUIR ANTE LA DENEGATORIA DE ENTREGA DE LA INFORMACION. Cuando la solicitud de información se hubiere denegado o cuando no se hubiere resuelto en el plazo establecido en el artículo 21, el solicitante podrá acudir ante el Instituto de Acceso a la Información Publica (IAIP) para solicitar la revisión de la denegatoria. La resolución de este se emitirá dentro de un plazo de diez (10) días, contado a partir de la presentación de la solicitud. Contra esta resolución solo procederá el recurso de amparo en los términos de la Ley de Justicia Constitucional. | Article 18 - all classifications are automatically appealed to the oversight body. There is also a separate appeal under Article 26. |
| Hungary | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 52(1) Anyone is entitled to request an investigation from the Authority, on the grounds of infringement of law, in connection with the control of personal data, as well as exercising rights relating to access to data of public interest or data public on grounds of public interest, or in the event of such immediate threat to the above. Article 31(3) Litigation must be launched against the body undertaking public duties within a period of 30 days following the announcement of the rejection of the request, the expiry of the deadline which was inconclusive and the expiry of the deadline set for paying the fee charged. Should it be in the interests of the applicant to request an investigation of the Authority due to the rejection of the request, its non-fulfilment or the fee charged for making a copy and the applicant declares this to the Authority, litigation concerning the refusal to effectively assess this submission, termination of the assessment procedure may be launched within a period of 30 days following the receipt of the notification on termination specified in Section 55(1)(b) or notification specified in Section 58(3). Justification must be provided should the deadline period available for launching litigation expire. (4) Persons normally not having the capacity to be a party to legal proceedings may also be parties to the litigation. The Authority is entitled to intervene in the proceedings in favour of the applicant. Article 38(1) The Authority shall be an autonomous state administration organ. (2) The task of the Authority shall be to supervise and promote the enforcement of the right to the protection of personal data, and of the right to access to data of public interest or to data public on grounds of public interest. (3) In the performance of its tasks pursuant to subsection (2) and to the provisions laid down in this Act, the Authority (a) shall conduct investigations on the basis of reports; (b) may conduct ex officio data protection procedures; (c) may conduct ex officio procedures for the supervision of classified data; (d) may institute legal proceedings for infringements relating to access to data of public interest or to data public on grounds of public interest; (e) may intervene in legal proceedings initiated by others; (f) shall keep a data protection register. (4) In the performance of its tasks pursuant to subsection (2), the Authority (a) may put forward proposals for the making or amendment of rules of law affecting the processing of personal data or affecting access to data of public interest or to data public on grounds of public interest, and shall give an opinion on the draft rules of law affecting its tasks; (b) shall publish an annual report on its activities by 31 March of the calendar year and submit the report to Parliament; (c) shall issue general recommendations and recommendations for specific controllers; (d) shall provide recommendations relating to special and/or individual publication lists to be published pursuant to this Act in connection with the activities of organs performing public tasks; (e) shall represent Hungary, in cooperation with the organs or persons specified in an Act, in the joint data protection supervisory bodies of the European Union; (f) shall organise the conferences of internal data protection officers; (g) shall define the professional criteria for data protection auditing; (h) may conduct data protection audits at the request of controllers. (5) The Authority shall be independent, subordinated only to Acts; it may not be given instructions as to the performance of its tasks, and shall perform its tasks separately from other organs, free of any outside influence. Tasks for the Authority may only be established by an Act. | |
| Iceland | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 14. Should a government authority refuse to grant access to material according to this Act, the matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. | |
| India | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 19(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. | |
| Indonesia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 37(1) An attempt to settle a public information dispute is made to the Central Information Commission and/or the provincial Information Commission and/or the district/municipal Information Commission in accordance with their authority if the response of the supervisor of the Information Management and Documentation Officer in the process of the objection is not satisfactory to the Public Information Applicant. (2) An attempt to settle a public information dispute is made within no later than 14 (fourteen) working days- from the receipt of the written response from the supervisor of the officer as referred to in Article 36 paragraph (2). | |
| Iran | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 18. In order to support the freedom of information and public access to the existing information in public and private institutions that provide public service, a commission on publication and free access to information is established by the order of the president to formulate necessary executive plans for public notification, overall overseeing over the performance of duties and resolution of conflicts in the ways the information related to this law are presented, considering consistency in action and providing guidance and consultation in the following: (A) Minister of Culture and Islamic guidance (head of the commission). (B) Minister of communication and information technology or related deputy. (C) Minister of Information or related deputy. (D) Minster of Defense or related deputy. (E) Head of institution for management and planning or related deputy. (F) Head of administrative justice department. (G) Head of cultural commission in the parliament of Islamic Republic of Iran. (H) Secretory general of High Council of information technology. Note 1 - The secretariat of the mentioned commission should be established in the ministry of culture and Islamic guidance. The manners the meetings should be held in addition to its management and duties of secretariat will be recommended by the commission and will be approved by cabinet. Note 2 - Resolutions passed by the commission on publication and free access to information and approved by the president are binding. | |
| Ireland | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 22(2) Subject to this Act, the Commissioner may, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person - (a) review a decision to which this section applies, and (b) following the review, may, as he or she considers appropriate - (i) affirm or vary the decision, or (ii) annul the decision and, if appropriate, make such decision in relation to the matter concerned as he or she considers proper, in accordance with this Act. | |
| Ivory Coast | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 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. | |
| Jamaica | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 32(1) An appeal shall lie pursuant to subsections (2) and (3), to the tribunal established for that purpose, constituted in accordance with the Second Schedule. (2) A person may lodge an appeal - (a) where internal review under section 30 is applicable - (i) against a decision taken on such review; (ii) if the time specified in section 31(2)(b) has expired without the applicant being notified of a decision; (b) in any other case, against a relevant decision in relation to any of the matters referred to in paragraphs (a) to (c) of section 30 (1) or section 30(2), and accordingly section 30(3) shall apply with necessary modifications to an appeal under this paragraph. (3) An appeal shall be made - (a) by the lodgement of a document within sixty days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or (b) where no notification has been given within the period required by this Act, within sixty days after the expiration of that period. (4) Where an appeal is not made within the period specified in subsection (2), the Appeal Tribunal may extend that period if it is satisfied that the appellant's delay in so doing is not unreasonable. (5) On the hearing of an appeal, the onus of proving that the relevant decision was justified or that a decision adverse to the appellant should be made by the Appeal Tribunal, shall lie on the public authority which made the relevant decision. (6) On hearing an appeal, the Appeal Tribunal - (a) may subject to paragraph (b), make any decision which could have been made on the original application; (b) shall not nullify a certificate issued under section 23. (7) The Appeal Tribunal may call for and inspect an exempt document, so however that, where it does so, it shall take such steps as are necessary to ensure that the document is inspected only by members of staff of the Appeal Tribunal acting in that capacity. | |
| Japan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | N/A | See Administrative Complaint Review Act (Act No. 68 of 2014), aka the Administrative Appeal Act, here. |
| Jordan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 17(b) The Requester may file a complaint against the Official in Charge to the Board by the Information Commissioner in case of his/her rejection or the Official un Charge's refrainment from the provision of the information required within the legally fixed period. | |
| Kenya | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 14(1) Subject to subsection (2), an applicant may apply in writing to the Commission [on Administrative Justice] requesting a review of any of the following decisions of a public entity or private body in relation to a request for access to information [...] | |
| Kosovo | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 3(1.10) Agency – shall mean the Information and Privacy Agency, established under a special law on personal data protection; (1.11) Commissioner – an independent body within the Agency, appointed by the Assembly of Kosovo, who is responsible for ensuring the implementation of this Law and the Law on Protection of Personal Data; 20(1) If the public institution has completely or partially refused the request for access to public documents or in case of silence or non-response of the public institution, the applicant may address a complaint to the Agency within a time limit of fifteen (15) days from the receipt of the decision on refusal or decision for partial approval of the request for access. (2) The Agency shall communicate the complaint received to the public institution that has decided on the request for access, which shall within seven (7) days of receipt of the complaint issue a written response to the allegations raised by the complainant. 21(2) Each person has the right to address the Ombudsperson Institution with a request or a complaint, if they consider that any right acknowledged by this Law or other acts for access to public documents has been violated. | |
| Kyrgyzstan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 44. Refusal to provide information, as well as other actions (inaction) and decisions of the information holder that violate the requirements of this Law, may be appealed at the discretion of the information user to a higher body or official, Akyikatchy (Ombudsman) of the Kyrgyz Republic, taking into account the features provided for in Chapter 10 of this Law, or to the court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic. | Right to appeal to an independent administrative body but not a dedicated such body which would be preferable for a country like Kyrgyzstan. |
| Lebanon | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: 1 – Receive complaints pertaining to the application of this law, investigate them, and issue decisions on them in accordance with Article 23 of this law. 2 – Provide advice to the relevant authorities regarding any issue related to the application of this law. 3 – Produce an annual report including, in particular, the significant difficulties facing people’s access to information with respect to the various categories of documents, as well as specific reports on important topics where necessary. Said reports shall be published in accordance with Article 9 of this law. 4 – Help educate citizens and raise their awareness of the importance of the right to access information and the procedures for exercising it, and contribute to the training of employees and officials in the administration on the means and importance of enabling individuals to obtain information. | |
| Liberia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 6.1: "Right of Appeal: In all events where a request for information is denied and or not responded to, or an action of a public body or private entity in respect of the transfer or any handling of such request if is alleged not to be in keeping with this law, the applicant shall have a right to appeal the decision or action of the public authority or private entity concerned." 6.3: "Complaints to the Independent Information Commissioner: Where (i) an applicant receives a negative decision or action and (ii) is not satisfied with the outcome of an internal review conducted pursuant to Section 6.2, such applicant shall have a right to appeal the decision of the authority or entity directly to the Independent Information Commissioner. The Independent Information Commissioner shall be the final administrative arbiter of all complaints concerning denial of information requests and any other alleged infringement of the right of access established under this Act. A final decision of the Independent information officer may include any of the civil sanctions provided for in Chapter 7 of this Act." | |
| Lithuania | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | N/A | Ombudsman, the term for filing complaints to the Seimas Ombudsman is one year from the commission of the act complained about or adoption of the contested decision. |
| Luxembourg | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | A10(1) Toute personne qui se voit opposer une décision refusant de faire droit, en tout ou en partie, à sa demande de communication d’un document peut saisir par écrit dans le mois de la notification de la décision la Commission d’accès aux documents pour avis. | |
| Malawi | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 8. The Commission, in its oversight functions, have the power to – (c) review, on application, decisions of information holders with regard to requests for information and make recommendations to the relevant information holder resulting from applications made. 44. (1) A person who has exhausted the internal review mechanism of the information holder may apply to the Commission for the review of a decision of that information holder. | |
| Maldives | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 56(a) Where there is a party unsatisfied with the decision reached by the Review Committee after review, the party may appeal the matter to the Information Commissioner, within 90 days from the date the decision was made or should have been made. | |
| Malta | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art. 15. "b. state that the applicant has the right, under article 23, to seek an investigation and review by the Commissioner of the refusal." Art. 23. "(1) Any applicant may apply to the Commissioner for a decision whether, in any specified respect -(a) a request for information made by the applicant to a public authority has been dealt with in accordance with the requirements of this Act; or(b) a public authority is in compliance with the requirements set out in Part III.(2) On receiving an application under this article, the Commissioner shall make a decision unless it appears to him -(a) that the applicant has not exhausted any complaints procedure which may be provided by the public authority in conformity with the code of practice issued under article 41:Provided that the Commissioner may decide on the application if in his opinion the complaints procedure provided by the public authority has not been, or is unlikely to be, concluded within a reasonable period;(b) that there has been undue delay in making the application;(c) that the application is frivolous or vexatious; or(d) that the application has been withdrawn or abandoned.(3) Where the Commissioner has received an application under this article, he shall either -(a) notify the applicant that he has not made any decision under this article as a result of the application and of his grounds for not doing so; or(b) serve notice of his decision (in this Act referred to as a"decision notice") on the applicant and the public authority.(4) Where the Commissioner decides that a public authority -(a) has failed to provide access to a document, or to confirm or deny the existence of a document, in a case where it is required to do so under this Act; or(b) has failed to comply with any of the other requirements of Part II in its handling of the applicant's request for a document; or(c) has failed to comply with any of the requirements of Part III, the decision notice shall specify the steps which must be taken byte authority for complying with that requirement and the period within which they must be taken.(5) A decision notice shall contain particulars of the right of appeal conferred by article 39. (6) Where a decision notice requires steps to be taken by the public authority within a specified period, the time specified in the notice shall not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, no step which is affected by the appeal need be taken pending the determination or withdrawal of the appeal.(7) This article shall have effect subject to article 26." | |
| Mexico | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 159. In the case of resolutions to the motions for review of Guarantor Agencies of the States, individuals may choose to resort to the Institute or to the Judicial Branch of the Federation. | |
| Moldova | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 21 General provisions on protection of right to information (2) The person can turn to the ombudsman for protection of his or her legal rights and interests. | |
| Monaco | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 26(2) Il peut donner lieu à un recours administratif préalable formé auprès du Ministre d’État. En ce cas, celui-ci peut en saisir le Haut Commissaire à la protection des droits. (4) À des fins de médiation, le Haut Commissaire peut en outre proposer au pétitionnaire de procéder à des vérifications, arrêtées d’un commun accord, sur le document administratif et de lui en rendre compte. | |
| Mongolia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 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: 17.2.2. Law on the National Commission for Human Rights of Mongolia if the complaint is made to National Commission for Human Rights; | Appeal to the Human Rights Commission based on its law |
| Morocco | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 20. Le demandeur d'informations a le droit de déposer une plainte auprès de la commission visée à l'article 22 ci-dessous, dans un délai ne dépassant pas trente (30) jours après l'expiration du délai réglementaire imparti pour répondre à la plainte adressée au président de l'institution ou de l'organisme ou à compter de la date de réception de la réponse à cette plainte. La commission est tenue d'étudier la plainte et d'informer l'intéressé de la suite qui lui a été réservée dans un délai de trente (30) jours à compter de la date de sa réception. La plainte peut être adressée par courrier recommandé ou par courrier électronique contre accusé de réception. | |
| Namibia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 51(2) A person may directly appeal to the Information Commissioner against the decision or failure to make a decision without exhausting the internal review process under this Part if - (a) the information officer refused to grant - (i) the personal information of the requester; and (ii) access to the information which was previously in the public domain and has never been withdrawn; (b) the head of the information holder is also the information officer of the information holder; or (c) the requester reasonably believes that access to the information requested is necessary to safeguard the life or liberty or rights of a person and to be granted in 48 hours of the request and - (i) notice of a decision on the request for access to information is not received in the 48 hours; or (ii) the request for access to information is refused. 52(1) If a requester is not satisfied with - (a) the decision of - (i) the head of an information holder or a staff member taken on internal review in terms of section 49; or (ii) the information officer made under section 37; or (b) the failure to make a decision as contemplated in section 41 or 50, the requester may appeal to the Information Commissioner against the decision or the failure to make a decision in accordance with section 53. (2) A third party who is not satisfied with the decision of the head of an information holder or a staff member taken on internal review in terms of section 49 granting a requester access to information containing the third party information may appeal to the Information Commissioner against the decision in accordance with section 53. 53(1) An appeal to the Information Commissioner under section 52 - (a) must be lodged within 14 days of receipt of the decision of - (i) the head of the information holder or a staff member; or (ii) the information officer in terms of section 51(2); (b) must be lodged in writing or orally with Information Commissioner; (c) must set out particulars of the decision and the grounds for appeal in the prescribed manner; and (d) must be decided by the Information Commissioner or a Deputy Information Commissioner acting as the Information Commissioner or such other person in that acting capacity. (2) If an appeal is lodged orally, the Information Commissioner must ensure that the oral appeal is reduced to writing and provide a copy of the appeal to the requester or third party, if applicable. | |
| Nepal | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 10. Appeal can be made: (1) An individual, who is aggrieved by the decision of the Chief made pursuant to Sub-Section (4) of Section 9, shall appeal before the Commission within Thirty Five (35) days of the notice of decision received. | |
| New Zealand | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 28 Functions of Ombudsmen (1) It shall be a function of the Ombudsmen to investigate and review any decision by which a department or Minister of the Crown or organisation— (a) refuses to make official information available to any person in response to a request made by that person in accordance with section 12; or (b) decides, in accordance with section 16 or section 17, in what manner or, in accordance with section 15, for what charge a request made in accordance with section 12 is to be granted; or (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12; or (d) gives a notice under section 10. (2) It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department or an officer or an employee of a department authorised by its chief executive or a Minister of the Crown or an organisation extends any time limit under section 15A. (3) An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally. (3A) A complaint made orally must be put in writing as soon as practicable. (...) | Yes – s. 28 – the Ombudsmen. |
| Nicaragua | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Artículo 37.- Contra la Resolución expresa negativa a la solicitud de acceso a la información pública, el interesado podrá interponer recurso de apelación dentro del término de seis días de notificada ante la Oficina de Coordinación de Acceso a la Información Pública de cada poder del Estado, los Consejo Regionales de las Regiones Autónomas de la Costa Atlántica, los Consejo Municipales, según el caso. La Resolución de esta segunda instancia se dictará dentro de un término de treinta días agotándose con ella, la vía administrativa. También se podrá recurrir en caso de silencio administrativo, para que el funcionario competen ordene la entrega de la información al que omitió resolver expresamente otorgamiento o la denegación de información. El agotamiento de la vía administrativa es opcional, pudiendo el solicitante recurrir directamente a la Jurisdicción de lo Contencioso- Administrativo. | |
| Niger | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 28: Le médiateur de la République est l’institution chargée de veiller au respect du droit d’accès des citoyens à l’information publique telle que prévu par la présente ordonnance. | Yes - to the ombudsman. Article 28 (Mediateur de la Republique) |
| North Macedonia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art. 28 "(1) The requester shall have the right to initiate a complaint in front of the Commission for Protection of the Right to Free Access to Information of Public Character, against the decision in which the information holder has rejected its request, within 15 days following the date of the requester's receipt of the relevant decision." | |
| Norway | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 32 Appeal : "<...> Where an appeal is lodged against a decision made by a ministry, the ministry shall inform the appellant that the right to appeal to the Parliamentary Ombudsman for Public Administration does not apply to decisions made by the King in Council." Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Details regarding complaints and time limit for complaints): "Any person who believes he has sustained an injustice from the public administration may bring a complaint to the Ombudsman." | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
| Pakistan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 17(1) An applicant who is not satisfied by decision of the designated official or where no decision has been communicated to him within the time fixed for such decision, he may, within a period not exceeding thirty days after either receiving a decision or after the time-limit for such a decision has passed, prefer an appeal to the information Commission; 19(1) The Information Commission shall have the primary responsibility to receive and decide on appeals under section 17. | |
| Panama | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Artículo 36: Toda persona puede recurrir ante la Autoridad por el incumplimiento de los procedimientos y términos establecidos para el efectivo ejercicio del derecho de petición y derecho de acceso a la información pública en poder del Estado, previstos en las disposiciones legales, dentro de les treinta días a partir de la fecha en que se demuestre se incurrió en el incumplimiento. Para que la Autoridad gestione un reclamo por el incumplimiento del efectivo ejercicio de derecho de petición y derecho de acceso a la información pública en poder del Estados, es necesario que la persona interesada demuestre haber presentado una petición ante la institución. | Article 36 of Law 33 of 2013 allows for appeals to the oversight body constituted in the law. |
| Portugal | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art 15.1: Applicants may complain to CADA about a lack of response, denial of an application, or any other decision which restricts access to administrative documents. | |
| Russia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 24(3): (Control and Supervision over Providing Access to Information on the Activities of Government Bodies and Bodies of Local Self-Government): Supervision of execution of the present Federal Law by government bodies and bodies of local self-government, and their officials is carried out by bodies of the Prosecutor's Office of the Russian Federation in the procedure defined by the Federal Law "On the Office of the Prosecutor of the Russian Federation." Federal Law on the Prosecutor's Office of the Russian Federation, Article 10(1): (Examination and settlement by prosecution bodies of petitions, complaints and other applications): Prosecution bodies shall examine and settle petitions, complaints and other applications containing information on violations of the law in accordance with their powers. Any decision taken by the prosecutor shall not prevent an individual from applying to a court for protection of his rights. | Any oversight body is created by the law to defend access information to public documents, but the Russian citizens may to appeal a complaint to the Russian Prosecutor. |
| Saint Kitts and Nevis | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 42 | |
| Serbia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 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. | |
| Seychelles | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 58. A requester or a third part may file appeal against the decision of the head of the information holder in writing to the Information Commission. | |
| Sierra Leone | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 43. A person who has made a request for information to a public authority and which has been refused may apply to the Commission for a review of the decision of the public authority and to ascertain whether the public authority failed to comply with an obligation under this Act, including (a) refusing to indicate whether or not it holds a record, or to provide access to information, contrary to section 2; (b) failing to respond to a request for information within the time limits established in section 4; (c) failing to communicate information in the form requested under this Act; (d) charging an excessive fee, contrary to section 6; (e) refusing to accept an application requesting access to information; or (f) any other matter relating to a request for or access to information under this Act. | |
| Slovenia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art 27.3 "(3) The Commissioner for Access to Public Information shall decide on the appeal." | |
| South Africa | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 77A Complaints (1) A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); (c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1- (i) to refuse a request for access; or (ii) taken in terms of section 22, 26 (1) or 29 (3); or (d) aggrieved by a decision of the head of a private body- (i) to refuse a request for access; or (ii) taken in terms of section 54, 57 (1) or 60, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. (3) A third party- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1 to grant a request for access; or (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. | |
| South Korea | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 19(1) When any applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, or when no decision is made about whether to disclose information even after 20 days elapse after a request for information disclosure was made, he/she may file an administrative appeal as prescribed by the Administrative Appeals Act. In such case, the administrative agency that supervises the decision of a public institution, other than state agencies and local governments, shall be the head of the relevant central administrative agency or the head of the relevant local government. (2) An applicant may file an administrative appeal without going through the procedures for filing administrative appeals under Article 18. | |
| South Sudan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 41 | |
| Sri Lanka | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 32. (1) Any citizen aggrieved by: (a) the decision made in respect of an appeal under section 31(1), may within two months of the communication of such decision; may appeal against that decision or the failure, to the Commission and the Commission may within thirty days of the receipt of such appeal affirm, vary or reverse the decision appealed against and forward the request back to the information officer concerned for necessary action. | |
| Sudan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 5(1)The Commission shall assume the following functions and competences: (c) Examine the complaints lodged by persons requesting access to information and seek to settle these complaints in accordance with the regulations. | Does not state this directly but it is clearly integrated into the functions of the Commission. |
| Sweden | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | The Act with Instructions for the Parliamentary Ombudsmen Article 5 "Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out." | The Ombudsman is an independent administrative oversight body. |
| Switzerland | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 13 (Mediation): "1. A request for mediation may be filed by any person: a. whose access to official documents has been limited, deferred or refused; b. whose application was not decided by the authority within the deadline; c. who was consulted pursuant to Article 11, should the authority intend granting access contrary to his wishes. 2 The request for mediation must be filed in writing with the Federal Data Protection and Information Commissioner within 20 days of receipt of the decision from the authority or the date of the authority’s failure to comply with the deadline. 3 Should mediation succeed, the matter is deemed to have been settled." | The appeal must be lodged to the Commissioner. It´s called "mediation" and the Federal Data Protection and Information Commissioner shall provide to the parties this proceeding. |
| Togo | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 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. Article 47 : Les recours s'exercent dans les conditions prévues par les textes en vigueur. Article 48 : Le médiateur de la République est chargé de veiller au respect du droit d'accès des usagers à l'information et aux documents publics tel que prévu par la présente loi. | |
| Trinidad and Tobago | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 38A. (1) A person aggrieved by the refusal of a public authority to grant access to an official document, may, within twenty-one days of receiving notice of the refusal under section 23(1), complain in writing to the Ombudsman and the Ombudsman shall, after examining the document if it exists, make such recommendations with respect to the granting of access to the document as he thinks fit. (2) In recommendations under subsection (1), the Ombudsman - (a) is not required to include any matter that is of such a nature that its inclusion in a document of a public authority would cause that document to be an exempt document; (b) may state the recommendations in terms which neither confirm or deny the existence of any document, if the recommendations relate to a request for access to a document which is an exempt document under section 24, 25 or 28 or which, if it existed, would be an exempt document under section 24, 25 or 28. (3) A public authority is required to consider the recommendations of the Ombudsman and, to such extent as it thinks fit, exercise its discretion in giving effect to the recommendations. | Section 38A - to the ombudsman
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| Tunisia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art. 30 - En cas de refus de la demande par le chef de l'organisme concerné ou en cas de défaut de réponse de sa part à l’expiration du délai de dix (10) jours à compter de la date de réception de la demande de révision, le demandeur d’accès peut interjeter appel devant l’instance d’accès à l’information mentionnée à l’article 37 de la présente loi, et ce, dans un délai ne dépassant pas les vingt (20) jours à compter de la réception de la décision du refus du chef de l’organisme ou de la date du refus tacite. Art. 29 - ...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 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 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. Law of the Ukrainian Parliament Commissioner for Human Rights, Article 16 The Commissioner shall perform his or her duties on the basis of information about acts of violation of human and citizens' rights and freedoms, which he or she obtains through: 1. the appeals of citizens of Ukraine, foreigners, stateless persons or their representatives; 2. the appeals of the People’s Deputies of Ukraine; 3. his or her own initiative. Article 17. Consideration of appeals by the Commissioner The Commissioner shall receive and consider appeals of citizens of Ukraine, foreigners, stateless persons or persons acting in their interests, in accordance with the Law of Ukraine «On Appeals of Citizens». | Right to appeal to ombudsman (Parliament Commissioner for Human Rights). |
| United Kingdom | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 50. | |
| Uruguay | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Artículo 21. "(Cometidos).- El órgano de control deberá realizar todas las acciones necesarias para el cumplimiento de los objetivos y demás disposiciones de la presente ley. A tales efectos tendrá las siguientes funciones y atribuciones:(...) J) Denunciar ante las autoridades competentes cualquier conducta violatoria a la presente ley y aportar las pruebas que consideren pertinentes." | 21(j) - The law does set up such a body, and there is some right to appeal refusals to them according to our expert. |
| Vanuatu | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 64. Appeal to Information Commissioner (1) A person who is not satisfied with a decision of a Right to Information Officer may within 20 days of being notified, appeal against that decision to the Information Commissioner. | - |
| Yemen | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 25: "Subject to the provisions of Articles (4, 19.20 / b, 23) of the Act, the officer shall reject any request for access to information if that information contains: A. Information which, if disclosed, may endanger the life of an individual or put his physical safety at risk. B. Personal data which, if disclosed, may be considered as an illogical violation to the privacy of the individual, unless the personal data are connected to the duty or function or public office held by that individual." | Art 25 - with the Office of the Commissioner-General |
| Zambia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 33(1) | |
| Zimbabwe | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 2 “Commission” means the Zimbabwe Media Commission established by section 248 of the Constitution; 35(1) An applicant may lodge an appeal to the Commission against any decision of an information officer in terms of this Act. (2) A third party may lodge an appeal to the Commission against a decision of the information officer to grant a request for access to information concerning that third party’s information. | But oversight allocated to Media Commission which is less than ideal |
| Andorra | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 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, 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: 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." | |
| Belgium | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Loi n° 94-1724. Article 8.2 establishes the possibility of asking a commission for an opinion on the case but its opinion is not binding. | |
| Bulgaria | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | N/A | There is no information about commission under APIA, but requesters may address the general ombudsman or the administrative courts. |
| Colombia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 23 Functions of the Public Ministry. The Public Ministry will be responsible for ensuring proper compliance with obligations under this Act. For this purpose, the Attorney General's Office no later than six months to establish a methodology that and perform the following functions and powers: a) To develop preventive actions for the enforcement of this law; b) Prepare reports on compliance with the guardianship decisions on access to information; c) Publish guardianship decisions and regulations on access to public information; d) To promote the knowledge and application of this law and its provisions among obligors and understanding among the public, taking into account accessibility criteria for differential, on matters within its jurisdiction through the publication and dissemination of guidance on the right of access to information; e) Apply the disciplinary sanctions that the present law guarantees; f) Decide disciplinary, where preferred exercise power, misdemeanors or misconduct arising from the right of access to information; g) Promoting transparency in the public service, access and disclosure of information from state agencies, by any means of publication; h) Require the regulated entities to adjust their procedures and citizen services system to such legislation; i) Make, directly or through third parties, training public officials on transparency and access to information; j) Perform statistics and reports on transparency and access to information of the organs of state administration and enforcement of this Act; k) Deliver duly responses to requests with application ID reserved for the paragraph of Article 4 of this Law refers; l) Implement and manage information systems in the performance of their duties for which he set forth the terms and criteria of reporting by public entities as necessary. Entities of Public Prosecutions will have a designated office shall have the means necessary to carry out the above functions and powers. | Public Ministry can be informed of absence to comply with the law and they can monitor and impose sanctions (article 23 Law 1712 and general functions of Public Ministry). Note that this is a "threshold" question for indicators 38-43. The fact that the Public Ministry does not function as an appeals body precludes Colombia from getting points on these indicators. |
| Fiji | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 22(1) If a public agency fails or refuses to provide any person with the information which the public agency has been directed by the Commission to make available to that person, that person may lodge a complaint with the Commission. | Only one point given because the Commission has already been involved in the initial decision, so this is not really a proper second review. Also, the Commission needs to be created by another law, which has not yet been passed. |
| Greece | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | [Law on the Ombudsman of Greece] Article 1(1) The independent authority entitled "The Ombudsman", has as its mission to mediate between citizens and public services, local authorities, private and public organizations as defined in article 3, para. 1 of this Law, with the view to protecting citizens' rights, combating maladministration and ensuring respect of legality. Article 3(3) The Ombudsman shall investigate individual administrative acts or omissions or material actions of public officials, which violate rights or infringe upon the legal interests of physical or legal persons. In particular, the Ombudsman shall investigate cases in which an individual or collective public body: (i) by an act or omission, infringes upon a right or interest protected by the Constitution and the legislation; (ii) refuses to fulfill a specific obligation imposed by a final court decision; (iii) refuses to fulfill a specific obligation imposed by a legal provision or by an individual administrative act; (iv) commits or omits a due legal act, in violation of the principles of fair administration and transparency or in abuse of power. | The Ombudsman is not mentioned by the law like oversight body, but he have a proactive attitude in defense of the access to public documents field. Link to the Law on the Ombudsman of Greece, Law No. 2477/97 (In English) here. |
| Italy | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | 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. Article 8. If the object of the application are acts of the regional administrations or local entities, the applicant may also lodge an appeal with the Ombudsman having territorial jurisdiction, if appointed. If no Ombudsman has been appointed, the case shall be referred to the Ombudsman competent for the immediately higher territorial scope. The appeal shall also be notified to the interested administration. The Ombudsman shall make its decision within thirty days from the date on which the appeal is lodged. If the Ombudsman deems unlawful the rejection or the postponement, it shall inform the applicant and the competent authority thereof. If the latter confirms the rejection or postponement within thirty days form the date of receipt of the Ombudsman\'s notice, the access will be permitted. If the applicant has resorted to the Ombudsman, the term under art. 116, paragraph 1, of the Code of Administrative Proceeding, shall start from the date of receipt by the applicant of the outcome of the application that it has sent to the Ombudsman. If the access is denied or postponed to protect the interests under art. 5-bis, paragraph 2, letter a), the Ombudsman shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall decide within ten days from the request. From the sending date of the notice to the Italian Data Protection Authority, the term within which the Ombudsman can make its decision shall be suspended, to the day on which the opinion of the Data Protection Authority is received and in any case for a period not exceeding the aforesaid ten days. | |
| Rwanda | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 17: The Office of the Ombudsman shall particularly monitor the enforcement of this Law. | Art 17 of the RTI law says Ombudsman has oversight, and their mandate includes hearing complaints from the public, but their mandate is too broad and vague and their specific role in resolving information disputes is too unclear to warrant full points here. |
| Spain | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Artículo 23. Recursos. 1. La reclamación prevista en el artículo siguiente tendrá la consideración de sustitutiva de los recursos administrativos de conformidad con lo dispuesto en el artículo 107.2 de la Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común. 2. No obstante lo dispuesto en el apartado anterior, contra las resoluciones dictadas por los órganos previstos en el artículo 2.1.f) sélo cabrá la interposición de recurso contencioso-administrativo. | Tal y como establece la ley, la independencia del sistema de recursos no queda asegurada, además no se podrá recurrir a este organismo contra las decisiones de las siguientes instituciones: La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de Espańa, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Econímico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho administrativo. |
| Thailand | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Section 28. The Board shall have the powers and duties as follows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or State agencies with regard to the implementation of this Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Ministerial Regulations or the Rules of the Council of Ministers under this Act; (4) to consider and give opinions on the complaints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time to time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Minister. | S 28 - Right of appeal exists, but the body is not independent. |
| Turkey | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | There is an external appeal mechanism listed named "Board of Review", that only applies for applications of documents under Articles 16 and 17 (Economical Interests of the State and State Secrets). |
| United States | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Sort of - the Office of Government Information Services acts as a mediator - but is not a formalized appeal process. I will give them a point here, but the weak nature of the appeal means I am not going to continue scoring this office as an oversight body for the remainder of this section, since the main appeals process under FOIA is meant to be judicial. | |
| Venezuela | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | 13. La Defensoría del Pueblo ejercerá la promoción, defensa y vigilancia del derecho de acceso a la información de interés público, de conformidad con lo establecido en la Constitución de la República Bolivariana de Venezuela y la ley. | The Law does not clearly allow appeal to the Ombudsman but it says the Ombudsman has oversight authority. Since the Ombudsman can take complaints on matters under its authority that would allow complaints on access to information matters so on point allocated. |
| Austria | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned | N/A |
| Cape Verde | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | 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. | This is not an independent appeal but an appeal to a higher internal body. |
| China | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | |
| Costa Rica | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Czech Republic | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Dominican Republic | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No administrative level of appeal |
| Ecuador | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | ARTICLE 13 Falta de claridad en la Información.- Cuando se demuestre por parte de cualquier ciudadano, que existe ambigüedad en el manejo de la información, expresada en los portales informáticos, o en la información que se difunde en la propia institución, podrá exigirse personalmente la corrección en la difusión, de no hacerlo podrá solicitarse la intervención del Defensor del Pueblo a efectos de que se corrija y se brinde mayor claridad y sistematización, en la organización de esta información. El Defensor del Pueblo, dictaminará los correctivos necesarios de aplicación obligatoria a la información que se difunde; al efecto, la institución brindará las facilidades amplias y suficientes, so pena de destitución, previo sumario administrativo, de las autoridades que incumplan su obligación de difundir la información institucional correctamente. La sanción dictaminada por el Defensor del Pueblo, será ejecutada inmediatamente por la autoridad nominadora. | Art 13 provides an appeal to the Ombudsman for corrections of information, but not for refusals. |
| Georgia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | 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. | Link to the Organic Law of Georgia on the Public Defender (In English) <a href="https://matsne.gov.ge/en/document/download/33034/14/en/pdf">here</a>. |
| Guatemala | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No such appeal. |
| Guyana | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | A strange situation whereby decisions on disclosure are generally made by the Information Commission - so this is not really an appeals body, but it does play some kind of an oversight role, so they get points under some indicators in this section. |
| Israel | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Kazakhstan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
| Latvia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Liechtenstein | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not in law nor regulation. |
| Montenegro | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned. | |
| Mozambique | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned |
| Netherlands | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | No oversight body listed. | |
| Nigeria | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Palau | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned | |
| Paraguay | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | |
| Peru | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No body is created. |
| Philippines | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | |
| Poland | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | No external appeal. | |
| Qatar | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | not mentioned | |
| Romania | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned. | |
| San Marino | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Regulation of 2 December 2015, No. 16, 9. 1. The obligation of the Administration to publish documents, information or data as set out in the above articles entails the right of anyone to request those things in cases where their publication has been omitted through the exercise of civic access in accordance with the provisions of this article. 2. The request for civic access is not subject to any limitation as to the subjective legitimacy of the applicant, does not have to be justified, is free of charge and must be submitted to the person identified as the Manager of Transparency who reports the request to the DGFP [General Directorate for Public Administration] for the purposes of the provisions of Article 11. | The only oversight body listed in the legislation is the General Directorate for Public Administration (DGFP). However, this does not appear to be an independent commission/ombudsperson, but rather an internal government body, so no points have been awarded. In addition, the 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents does not even provide for an appeal to the DGFP. Consequently, requests for documents to the DGFP are limited to failure to provide the kinds of information subject to proactive publication requirements under the 2015 regulation. |
| Saudi Arabia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | The centralised data protection authority, the National Data Management Office (NDMO), has competence over RTI. But it is primarily a standard-setting/promotional/coordinating body with respect to reactive disclosure; it does not appear to serve any oversight function over public entities' reactive disclosure decisions, although it does appear to serve some oversight function with respect to open data obligations (see s. 8.6). |
| Slovakia | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Taiwan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned |
| Tajikistan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | |
| Tanzania | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No external appeal to an administrative body. |
| Uganda | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No appeal to an independent administrative body is mentioned in the law. |
| Vietnam | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | 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. | This refers to the internal complaints procedures noted in Indicator 36 and the right to appeal to the courts, but there is no independent administrative level of appeal. |
