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 |
|---|---|---|---|---|---|---|---|
| Albania | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Law on Protection of Personal Data: Article 29. Paragraph 1: "The Commissioner for the Protection of Personal Data is the independent authority in charge of supervising and monitoring the protection of personal data by respecting and guaranteeing the fundamental human rights and freedoms in compliance with the law." Article 31. Paragraph 3 : "The Commissioner shall submit an annual report to the Assembly and reports in front of the Assembly when asked to do so. In addition he may ask to the Assembly to be heard for issues that he deems to be important." Article 38: "The Commissioner has his own independent budget which is funded by the state budget and donators not represent any conflict of interest. Administration of such donations is made according to the agreement with the donators and the Albanian legislation in force." Law on The Right to Information: Article 20: "1. The Commissioner for the Freedom of Information and Protection of Personal Data reports to the Parliament or Parliamentary Committees at least once a year or whenever required by them. He may also ask the Parliament to be heard on issues he considers important. The reporting shall contain data and explanations for implementing the right to information in the Republic of Albania, as well as transparency programs. 2. Notification on specific issues is not allows, with the exception of the issues required by decision of the Parliament" | |
| Armenia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | HRD Law Article 8 1. Appropriate funding shall be ensured at the expense of the funds of the State Budget for smooth operation of the Defender and the Staff thereto. 2. The budget of the Defender and the Staff thereto shall constitute a part of the State Budget, which is funded in a separate line. The activities of the Defender as the National Preventive Mechanism shall also be specifically funded from the same budget line. 3. The Defender shall — as prescribed by the legislation and within the deadline prescribed by the Law of the Republic of Armenia "On the Budgetary System of the Republic of Armenia" — submit the budget request (estimate) for the activities of the Defender and the Staff thereto for the upcoming year to the authorised state body to be included in the draft State Budget. 4. Where the budget request (estimate) of the Defender and the Staff thereto for the upcoming year is approved by the Government, it shall be included in the draft State Budget, and if there is an objection it shall be submitted to the National Assembly of the Republic of Armenia along with the draft State Budget. The Government shall present to the National Assembly and the Defender the justification for the objection on the budget funding. 5. The amount of allocation for funding provided from the state budget to the Defender and the Staff thereto as well as to the Defender as the National Preventative Mechanism cannot be less than the amount provided the year before. The funding from the state budget is implemented in equal monthly instalments in the form of pre-payment for every month. 6. The Defender shall participate in the hearings at the National Assembly on the draft Law of the Republic of Armenia «On State Budget» in part related to funding of activities of the Defender and the Staff thereto, as well as the Defender as the National Preventative Mechanism. HRD Law Article 31(1) During the first quarter of each year, the Defender shall present to the National Assembly of the Republic of Armenia the annual communication on the activities thereof during the previous year, as well as on the state of protection of human rights and freedoms. The procedure and the deadlines for presenting the annual communication by the Defender to the National Assembly of the Republic of Armenia shall be prescribed by the Constitutional Law "Rules of Procedure of the National Assembly". | |
| Bahamas | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Section 34. Funding for Freedom of Information Unit and Accounting. All salaries, allowances and other expenditures payable or incurred under this Act in respect of the Freedom of Information Unit shall be payable out of money appropriated by Parliament for those purposes. Section 37. Reports for Parliament (1) The Commissioner shall, as soon as practicable after the end of each year, lay before Parliament— (b) audited accounts. | |
| Belize | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | N/A | 28(2) of the Ombudsman Act says they report to parliament. Ombudsman Act 27(1) says their budget comes from parliament. Ombudsman Act 8(1) ties their wage to that of a judge of the Supreme Court. |
| Canada | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 38 The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year. | |
| Chile | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | ARTICLE 39. Los consejeros, a excepción de aquél que desempeñe el cargo de Presidente del Consejo, percibirán una dieta equivalente a 15 unidades de fomento por cada sesión a la que asistan, con un máximo de 100 unidades de fomento por mes calendario. El Presidente del Consejo percibirá una remuneración bruta mensualizada equivalente a la de un Subsecretario de Estado. ARTICLE 44. El patrimonio del Consejo estará formado por: a) Los recursos que contemple anualmente la Ley de Presupuestos de la Nación. b) Los bienes muebles e inmuebles que se le transfieran o que adquiera a cualquier título y por los frutos de esos mismos bienes. c) Las donaciones, herencias y legados que el Consejo acepte. Las donaciones en favor del Consejo no requerirán del trámite de insinuación judicial a que se refiere el artículo 1401 del Código Civil y estarán exentas del impuesto a las donaciones establecidas en la ley N° 16.271. | Art 39 pegs it salaries to other civil service standards - a good protection. Also - the budget is bound up in the regular budgetary mechanism (Art 44) - which generally requires approval by parliament. |
| Croatia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Art.35.3.: Commissioner shall submit to the Croatian Parliament a report on the implementation of this Law and other reports when considered necessary. Art.36.4.: The Commissioner shall be independent in their work, and accountable to the Croatian Parliament. Art.39.7.: The funds required for the work of the Office of the Commissioner shall be provided in the state budget of the Republic of Croatia. | Resources for the Commissioner's Office are secured within the annual state budget which is voted in the Parliament. However, funds currently allocated for the Commissioner's Office are not sufficient for full implementation of the RTI Act. |
| Denmark | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Danish Ombudsman Act,Article 11 provides:"The Ombudsman shall submit an annual report on his work to the Folketing". Article 26 provides: "The expenditure incident to the office of Ombudsman shall be charged to the budget of the Folketing". | |
| El Salvador | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | ARTICLE 51 Créase el Instituto de Acceso a la Información Pública, como institución de derecho público, con personalidad jurídica y patrimonio propio, con autonomía administrativa y financiera, encargado de velar por la aplicación de esta ley. En el texto de la misma podrá denominarse El Instituto. ARTICLE 108 El Presupuesto General de la Nación deberá establecer la partida presupuestaria correspondiente para la instalación, integración y funcionamiento del Instituto. | Art 51 protects the agency's financial independence. Article 108 states "that The General Budget of the Nation must establish the budget for installation, integration and operation of the Institute. |
| Ethiopia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 32(3) the Ombudsman shall have powers necessary for it to carry out the tasks and responsibilities given to it under this section and it shall get adequate additional budget necessary for carrying its task from the house of peoples representatives 32(4) the chief Ombudsman shall submit annual report to the house of people's representatives on his performance. | |
| Fiji | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Article 121(11) The members of the Commission shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State. [...] (13) The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities. [...] (16) The salaries, benefits and allowances payable to any person employed in the Commission are a charge on the Consolidated Fund. (17) Parliament shall ensure that adequate funding and resources are made available to the Commission, to enable it to independently and effectively exercise its powers and perform its functions and duties. (18) The Commission shall have control of its own budget and finances, as approved by Parliament. | Not entirely clear. Salaries come from the Consolidated Fund and are set by the President with the advice of the judicial body. The budget is voted by parliament. Body also reports to parliament. Provisions from the Constitution. |
| Finland | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | [The Constitution of Finland] Article 83. The Parliament decides on the State budget for one budgetary year at a time. It is published in the Statute Book of Finland. The government proposal concerning the State budget and the other proposals pertaining to it shall be submitted to the Parliament well in advance of the next budgetary year. The provisions in section 71 apply to the supplementation and withdrawal of the budget proposal. A Representative may, on the basis of the budget proposal, through a budgetary motion initiate a proposal for an appropriation or other decision to be included in the State budget. Once the pertinent report of the Finance Committee of the Parliament has been issued, the budget is adopted in a single reading in a plenary session of the Parliament. More detailed provisions on the consideration of the budget proposal in the Parliament are laid down in the Parliament\'s Rules of Procedure. If the publication of the State budget is delayed beyond the new budgetary year, the budget proposal of the Government shall be applied as a provisional budget in a manner decided by the Parliament. | The Chancellor of Justice and the Parliamentary Ombudsman have a constitutional duty to report of their actions on a yearly basis. The State budget (which includes the financing of courts and the other oversight bodies) is approved by the Parliament. |
| Gambia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 47 The remuneration of Commissioners shall be approved by the National Assembly on the recommendation of the Minister. 48 The Commission shall be - (a) independent and autonomous; and (b) accountable only to the National Assembly for the execution of its mandate, operations and performance. (2) Subject to sub-section (1), the Commission shall not in the performance of its functions under this Act, be subject to the direction or control of any other person or authority. 57 The Commission shall within three months before the end of each year submit an annual report to the National Assembly which shall include complaints about offences noted during investigation under this Act and findings of any audit undertaken by the Commission. 77 The funds of the Commission shall consist of - (a) such monies as may be appropriated by the National Assembly pursuant to an Appropriation Act for the purposes of the Commission; (b) any monies received by the Commission by way of donations or grants or from any other legal sources, whether domestic or foreign, and (c) any proceeds from sale, lease or transfer of movable or immovable property of the Commission. | |
| Greece | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | [Presidential Decree No. 273 (The Greek Ombudsman)]. Taking into consideration: [...] (3) The fact that the implementation of the provisions of the present Presidential Decree require an expenditure, taken from the state budget, of approximately 25 million drachmas for the present fiscal year, approximately 50 million for the fiscal years 2000-20001, approximately 60 million for the fiscal years 2002-2003 and 81 million for the fiscal year 2004. The above expenditure will be covered by the credits entered in the budget of the Special Authority 07-610 of the Independent Administrative Authority "The Ombudsman" (KAE group 0200and 0871) and for the subsequent fiscal years by the credits to be entered for this purpose in the above budget. Article 7(1) The Ombudsman draws up an annual report, explaining the work of the Authority, presenting the most important cases, and formulating recommendations for the improvement of the public services and the adoption of the necessary legislative or regulatory measures. | |
| Honduras | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | ARTICULO 8. CONSTITUCION Y FINALIDAD DEL INSTITUTO DE ACCESO A LA AINFORMACION PUBLICA. El Instituto de Acceso a la Información Publica, (IAIP), es un órgano desconcentrado de la administración publica, con independencia operativa, decisión y presupuestaria, responsable de promover y facilitar el acceso de los ciudadanos a la información publica, así como de regular y supervisar los procedimientos de las instituciones obligadas en cuanto a la protección, clasificación y custodia de la información publica, de acuerdo a esta Ley. La Presidencia de la Republica apoyara el funcionamiento de este Instituto y actuara como órgano de enlace la Secretaria de Estado en el Despacho de la Presidencia. | Article 8 grants the body budgetary independence. |
| India | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Article 13(5) The salaries and allowances payable to and other terms and conditions of service of - (a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner; (b) an Information Commissioner shall be the same as that of an Election Commissioner: Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity: Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment. (6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. | 13(5) and 13(6) - the act has measures for financial independence. |
| Ireland | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Schedule 2, section 5: The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister may from time to time determine. | The Minister determines the resources of the Commissioner. This has been an issue for some time. While it is financially independent, it relies on the Minister to approve more resources. |
| Kenya | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | [Commission on Administrative Justice Act, 2011] Article 45. The funds of the Commission shall consist of - (a) monies allocated by Parliament for the purposes of the Commission; (b) such monies or assets as may accrue to the Commission in the course of the exercise of its powers or in the performance of its functions under this Act; and (c) all monies from any other source provided, donated or lent to the Commission. [...] Article 48(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. (2) Within a period of three months after the end of each financial year, the Commission shall submit to the Auditor-General the accounts of the Commission in respect of that year together with a - (a) statement of the income and expenditure of the Commission during that year; and (b) statement of the assets and liabilities of the Commission on the last day of that financial year. (3) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act, 2003 (No. 12 of 2003). [...] Article 53(1) The report of the Commission under Article 254 of the Constitution shall, in respect of the financial year to which it relates, contain - (a) the financial statements of the Commission; (b) a description of the activities the Commission; (c) recommendations on specific actions to be taken in furtherance of the findings of the Commission; (d) recommendations on legal and administrative measures to address specific concerns identified by the Commission; and (e) any other information relating to its functions that the Commission considers relevant. (2) The Commission shall publish the report in the Gazette and in at least one newspaper with national circulation. (3) The President, the National Assembly or the Senate may at any time require the Commission to submit a report on a particular issue. Article 54(1) The Cabinet Secretary shall, prepare an annual report and submit the report to Parliament in accordance with Article 153(4)(b) of the Constitution. (2) Where any of the recommendations contained in a report submitted under subsection (1) have not been implemented, the Cabinet Secretary shall report to Parliament the reasons therefor. Article 55. Parliament shall, upon expiry of five years from the date of commencement of this Act, and pursuant to Article 59(4) of the Constitution, review the mandate of the Commission with a view to amalgamating the Commission with the commission responsible for human rights. | |
| Kosovo | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 31(3) The Agency shall prepare a comprehensive report for the preceding year by the end of March of the current year for the period until 31 December of the previous year. (4) The Agency shall present the comprehensive report to the Assembly of Kosovo, together with other recommendations for measures and changes aiming to increase transparency and public access to public documents, until 31 March of the following year, for the previous year, regarding the implementation and respect of this Law. Report shall be made public after the approval by the Assembly of the Republic of Kosovo. (5) The Agency may draft periodical and thematic reports for the Assembly of Kosovo, public, public institutions, regarding important issues on the right to access to public documents. Data Protection Law 29(1) The National Agency for the Protection of Personal Data is an independent agency in charge of supervising the implementation of data protection rules. Its members act independently in accordance with this Law and must not take any instructions from third parties. It shall respond to the Kosovo Assembly. 37(1) The Agency has its own budget, administered independently in accordance with the law. 37(2) Funds for the work of the Agency shall be provided from the Kosovo Budget. The Budget of the Agency shall be determined by the Kosovo Assembly on the proposal of the Chief State Supervisor. | |
| Kyrgyzstan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Law on Ombudsman, 11. Reports by the Ombudsman (Akyikatchy) (1) Before April the 1st of each year the Ombudsman (Akyikatchy) shall present an annual report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic covering the period, of time from January 1 through December 31 of the previous year, concerning the situation of human and civil rights and freedoms in the Kyrgyz Republic, bodies of the state power, local self - government, institutions, enterprises and organizations regardless of their ownership and their officials that have violated human and civil rights and freedoms through their actions (lack of action), as well as draw backs of the legislation on protection of rights and freedoms of a human being and a citizen. (2) In the annual report, the Ombudsman (Akyikatchy) shall indicate the number and the nature of grievances received, including those rejected complaints (indicating reasons for rejection) as well as complaints that have been dealt with. The report shall contain a description of consideration of individual cases that the Ombudsman (Akyikatchy) may consider to be of common interest and lists those cases which allowed to identify draw backs in the system of legislation, in the administrative regulations or the administrative practices. The Ombudsman (Akyikatchy) may also prepare special reports concerning such cases. (3) In the annual report the Ombudsman (Akyikatchy) shall name the bodies of the state power and local self - government, officials and legal entities that have violated human and civil rights and freedoms, and have not followed recommendations of the Ombudsman (Akyikatchy) for the rehabilitation of such rights. (4) Annual report by the Ombudsman (Akyikatchy) must contain general evaluations, conclusions and recommendations for the protection of human rights and freedoms in the country. (5) If the Ombudsman (Akyikatchy) considers a grievance unreasonable the report shall not include the name of a person who has submitted a complaint or the official against who the complaint has been lodged. If the Ombudsman (Akyikatchy) considers necessary, he/she may not include names from other cases either. This report may not contain any state, commercial or industrial confidential information. The Ombudsman (Akyikatchy) shall also make sure that information that must be kept confidential is not included into the report. (6) Report by the Ombudsman (Akyikatchy) shall be accompanied with an attachment that contains the budget execution statement for a reported period. (7) The Ombudsman (Akyikatchy) shall present the information personally at the sessions of chambers of the Jogorku Kenesh of the Kyrgyz Republic, while factions of deputies may speak to establish their own opinion of the report. (8) If necessary the Ombudsman (Akyikatchy) may present a special report to the Legislative Assembly and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic concerning special issues of the situation with the human and civil rights and freedoms in the Kyrgyz Republic. (9) The Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic shall draw up a resolution concerning the annual report or special report by the Ombudsman (Akyikatchy) that must be approved by the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic through ordinary majority vote. 16. Funding for activities of the Ombudsman (Akyikatchy) (1) Activities of the Ombudsman (Akyikatchy) and office of the Ombudsman (Akyikatchy) shall be financed from the republic budget. (2) The annual budget of the republic shall have a separate line for financing activities of the Ombudsman (Akyikatchy) and the office of the Ombudsman (Akyikatchy). Amount shall be determined by the Jogorku Kenesh of the Kyrgyz Republic upon proposal by the Ombudsman (Akyikatchy). (3) The Ombudsman (Akyikatchy) shall independently develop and execute the budget. (4) Activities of the Ombudsman (Akyikatchy) and his/her office may also be financed at the expense of funding from other states and international organizations under agreements (treaties) made by the Kyrgyz Republic or the Ombudsman (Akyikatchy), or other sources that are nit in contradiction to the legislation of the Kyrgyz Republic. (5) Financial statements shall be presented by the Ombudsman (Akyikatchy) in accordance with the procedures set by the legislation of the Kyrgyz Republic. | Budget voted by parliament and reports to parliament |
| Maldives | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 50(a) The salary and benefits offered to the Information Commissioner shall be similar to that offered to the President of the Human Rights Commission. (b) The salary and other allowances provided to the employees of the Office of the Information Commissioner shall be determined by the Commissioner with the advice of the Ministry of Finance and Treasury. 52(a) The State treasury shall provide the Office of the Information Commissioner the funds from the annual budget approved by the People’s Majlis in order for the Information Commissioner to undertake fully the responsibilities of the office. To allocate fund for the Information Commissioner’s Office in the State budget in accordance with the Financial Act and its Regulation, the Information Commissioner shall send the details to the Ministry of Finance and Treasury. 54. The Information Commissioner shall appear before the People’s Majlis or any of its relevant committees if required to do so at any time. And the Information Commissioner must answer the questions put before him by the Majlis or committees, to the best of his knowledge. | |
| Malta | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 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." | |
| Mexico | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Constitutions Art. 6 A VIII: Constitutions Art. 6 A VIII: The Federation shall establish an autonomous, specialized, impartial and collegiate agency. It must have a legal personality; own assets; full technical, managerial and decision power over its budget and internal organization; and shall be responsible for guaranteeing the fulfillment of the right of access to public information and the protection of personal data held by public agencies (obligated subjects), according to the terms established by law. The autonomous transparency agency established in this fraction will be governed by the transparency and access to public information law, as well as the law for the protection on personal data held by obligated subjects, in the terms established by the general law issued by the Congress to set the basic principles, basis and procedures for the exercise of the information rights. This agency will be governed by the principles of certainty, legality, independence, impartiality, efficiency, objectiveness, professionalism, transparency and maximum publicity. The autonomous transparency agency has competence to receive inquiries related to the right of access to public information and the protection of personal data from any authority, entity, organism or agency that belongs to any of the Executive, Legislative or Judicial Powers, as well as any autonomous agency, political parties public trusts and public funds, or any other person, group, union or organization that receives or use public resources or that exercise authority at the federal domain with exception of those issues that correspond to the jurisdiction of the Federal Supreme Court, in which case a committee of three Supreme Court Justices would decide the issue. The autonomous transparency agency has, also the competence to receive the inquiries from individuals in regard to the resolutions issued by the local autonomous specialized transparency agencies and the Federal District transparency agency that ruled the in existence, reserve, and confidentiality of information or that refuses to disclose information according to the terms established by law. The National Transparency Agency [organismo garante], ex oficio or by substantiated petition of the local agency from the States or the Federal District may receive or analyze the inquiries that due to its importance or transcendence are in the interest of the National Transparency Agency. The law will determine the information that shall be considered as reserved or confidential. The resolutions of the National Transparency Agency are mandatory, definitive and indisputable for the obligated subjects (obligors). Only in the cases that the resolutions may be considered to endanger public security according to the law in the matter, the Legal Councilor of the Federal Government may present a review inquiry to the Supreme Court. The National Transparency Agency [organismo garante] shall be constituted by seven commissioners. To appoint them, the Senate, previous extensive consultation to social actors and by proposal of the different parliamentary groups, will appoint the commissioner with the vote of two-thirds of the Senators present in the session according to the vacancy that must be covered and following the procedure established by law. The President may oppose the appointment within ten business days. If the President does not oppose the appointment within the given days, then the person appointed by the Senate will assume the commissioner office. Given the case that the President opposes the appointment, the Senate will present a new proposal to occupy the vacancy according to the previous paragraph. However, to approve the proposal the vote of three-fifths of the Senators present is required. If this second appointment were objected, the Senate, according to the procedures in the previous paragraph, with the approval of three-fifths of the Senators present would appoint definitively the commissioner that will occupy the vacancy. The commissioner office will be held during seven years, and the commissioners shall fulfill the requirements provided in the fractions I, II, IV, V and VI of the article 95th of this Constitution. The commissioners shall not hold other office, have an additional employment, or other commission with exception of the non-profit chairs or offices related to charities and academic or scientific institutions. The commissioners can only be removed from office according to the terms in the Fourth Title of this Constitution and they will be subject to political trial. • Reference to science The conformation of the National Transparency Agency shall promote gender equality. The Commissioner President shall be selected by a peer process, through the secret vote of the commissioners. The Commissioner President will remain in office for three years, with the possibility of being reelected to other three years. The commissioner president must render an annual report before the Senate in the date and terms described by the law. The National Transparency Agency [organo garante] shall have an Advisory Board, formed with ten council members that shall be elected by the vote of two thirds of the present Senators. The law will establish the procedures to present the proposals to the Senate. Each year, the two council members with longer tenure will be replaced, unless they were proposed and ratified for a second term in office. The law will establish the emergency measures and procedures that the Agency could implement to guarantee the fulfillment of its decisions. Every authority and public servant is compelled to help the National Transparency Agency and its Commissioners for the adequate performance of the Agency. The National Transparency Agency will coordinate its actions with the Federal Superior Comptroller Office [Entidad de Fiscalizacion Superior de la Federacion], the entity specialized in archives and files, the organ in charge of gathering and process of statistical and geographical data, as well as, with the local agencies in the States and the Federal District in order to strengthen the accountability within the Mexican State. | The body reports to the Senate, and has budgetary independence. |
| Mongolia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Human Rights Commission Act 22.1. Expenses for the activities of Commissioners shall be financed from the State Consolidated Budget, and the State shall provide economic guarantees for carrying out his/her activities. 22.2. The State Great Hural shall approve and reflect specifically the budget of the Commission in the State Consolidated Budget on the basis of a latter's proposal, and this budget shall fulfil the requirements for the independent conduct of its activities. 22.3. Commissioners shall receive a salary equal to that of the Member of the Government Cabinet. 22.4. In case the term of office of Commissioners has expired, or he/she has been relieved from the office because of the health condition or for any other excusable reasons, Commissioners shall be provided with the allowance for period of up to 6 (six) months, which is not less than the salary level when he/she was Commissioners, until he/she gets transferred to another job or official position in line with his/her profession or expertise, or get employed in different job without scaling down the salary, and if he/she is employed in job with lesser salary, then he/she shall be provided with the difference of that salary during the same period. | |
| Namibia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 10(1) The Information Commissioner -(b) is accountable to the National Assembly for the execution of his or her mandate, operations and performance; … 16(1) The funds required for the purposes of exercising the powers and performing the functions of the Information Commissioner consist of money - (a) appropriated by Parliament for that purpose; and (b) any money made available by any person for that purpose from any lawful source with the approval of the Minister. (2) The remuneration and other conditions of service of the Information Commissioner and Deputy Information Commissioner are at a level commensurable with that of the Director-General and Deputy Director-General of the Anti-Corruption Commission appointed in terms of the Anti-Corruption Act, 2003(Act No. 8 of 2003), respectively. 18(1) As soon as practicable, but not later than three months after the end of each financial year, the Information Commissioner must prepare and submit to the Minister a report concerning the activities of the office of the Commissioner during such financial year for tabling in the National Assembly. (2) The report must include - (a) the state of implementation of access to information in terms of this Act; (b) the findings of any audit undertaken; and (c) offences reported or prosecuted that have been noted during investigations under this Act. | |
| New Zealand | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 9 Salaries and allowances of Ombudsmen (3) The salary of an Ombudsman is not to be diminished during the continuance of the Ombudsman's appointment. (...) 29 Annual report Without limiting the right of an Ombudsman to report at any other time, but subject to the provisions of subsection (7) of section 22 and to any rules for the guidance of the Ombudsmen made by the House of Representatives and for the time being in force, the Ombudsmen shall in each year make a report to the House of Representatives on the exercise of their functions under this Act and the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 and the Protected Disclosures Act 2000. 31 Money to be appropriated by Parliament for purposes of this Act Except as otherwise provided in this Act, all salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose. | Yes – s. 29 of Ombudsmen Act, and s. 31 of Ombudsmen Act, as well as s. 9(3). |
| North Macedonia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Art. 30 "(2) The funds for the operation of the Commission shall be provided by the Budget of the Republic of Macedonia. The seat of the Commission is in Skopje. The Commission reports to the Parliament of the Republic of Macedonia and submits annual report for its work." | |
| Norway | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 3 (Pay, pension, other business): "The Ombudsman's pay and pension shall be determined by the Storting. The same applies to remuneration for the acting Ombudsman appointed in accordance with § 1 fourth paragraph first sentence. The remuneration for an acting Ombudsman appointed according to the fourth paragraph second sentence may be determined by the Storting's Presidium." | 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. |
| Portugal | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Art 25.2: CADA shall dispose of an annual budget, provision for which shall be included in the budget of the Assembly of the Republic. | |
| Russia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Federal Law on the Prosecutor&'s Office of the Russian Federation, Article 12(7): (Appointment to the position of Prosecutor General of the Russian Federation): The Prosecutor General of the Russian Federation shall present the chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation with an annual report on the current state of the rule of law and law and order in the Russian Federation and on the efforts made to strengthen them. Federal Law on the Prosecutor's Office of the Russian Federation, Article 12: (Appointment to the position of Prosecutor General of the Russian Federation): The Prosecutor General of the Russian Federation shall be appointed and removed from office by the Federation Council of the Federal Assembly of the Russian Federation on the recommendation of the President of the Russian Federation. | Besides for the budget, the Prosecutor General is to report to the parliament on law observance in the country. Also, the Prosecutor General is appointed/removed by the parliament. |
| Serbia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 34 (4): The funds required for the work of the Commissioner and his/her staff shall be secured in the budget of the Republic of Serbia. | The required funding for the operations of the Commissioner and his staff shall be allocated from the budget of the Republic of Serbia. |
| Seychelles | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 68 The funds of the Information Commission shall consist of— (a) such moneys as may be appropriated by the National Assembly pursuant to an Appropriation Act for the purposes of the Information Commission, (b) any monies received by the Information Commission by way of donations, gifts or grants from any legal sources whether domestic or foreign, and (c) any proceeds from sale, lease or transfer of movable or immovable property of the Information Commission. 69 (1) The financial year of the Information Commission shall be the calendar year. (2) The Information Commission shall maintain proper accounts and other relevant records and prepare a statement of accounts in the form and manner approved by the Auditor-General. (3) The account of the Information Commission shall be audited by the Auditor General in accordance with Article 158 of the Constitution. (4) Where the accounts and the statement of accounts of the Information Commission in respect of a financial year have been audited, the Information Commission shall furnish, not later than 3 months after the end of the financial year, to the Minister and the Minister responsible for finance, a copy of the statement together with a copy of any report by the Auditor-General on the statement of accounts or on the accounts of the Commission. 70. The Information Commission shall, as soon as possible after the expiration of each financial year and in any event not later than the 31st day of March in any year, submit to the Minister, and the Minister responsible for finance, an annual report dealing generally with the administration and its activities during the preceding financial year and the Minister shall cause the report to be laid before the National Assembly. | Bit confusing in terms of lines of reporting but ultimately to parliament. |
| Sierra Leone | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 38. The activities of the Commission shall be financed from funds consisting of (a) moneys appropriated by Parliament for the purposes of the Commission; (b) grants, gifts or donations for the purposes of the Commission. | |
| Slovenia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Information Commissioner Act Article 2. "(1) The Information Commissioner is an autonomous and independent state body, competent for: - deciding on the appeal against the decision with which a body refused or dismissed the applicant's request for access or violated the right to access or re-use of public information in some other way, and within the frame of appellate proceedings also for supervision over implementation of the Act regulating the access to public information and regulations adopted there under, - inspection supervision over implementation of the Act and other regulations, governing protection or processing of personal data or the transfer of personal data from Slovenia, as well as carrying out other duties, defined by these regulations, - deciding on the appeal of an individual when the data controller refuses his request for data, extract, list, examination, confirmation, information, explanation, transcript or copy in accordance with provisions of the Act governing personal data protection. (2) The Information Commissioner is a violations body, competent for supervision over this Act and the Act governing personal data protection. (3) The Information Commissioner has the following competencies: - organizes and manages the work of all employees, including the national supervisors for personal data protection; - carries out other competencies of the head of the state body; - conducts supervision in accordance with the Act governing personal data protection." Article 5 (Budgetary funds) "Funds for Information Commissioner's operation are provided from the Budget of the Republic of Slovenia and shall be determined by the National Assembly of the Republic of Slovenia on proposal of the Information Commissioner." Article 6. (Appointment of the Information Commissioner) "(1) Information Commissioner is appointed by the National Assembly of the Republic of Slovenia on proposal of the president of the Republic of Slovenia. (2) For the appointment as Information Commissioner, a person must fulfil the following conditions: - be a citizen of the Republic of Slovenia; - hold a university degree; - have at least five years of working experience; - must not have been convicted by a final decision of a criminal offence punishable by an unconditional punishment of deprivation of liberty. (3) Information Commissioner is appointed for a five year's term and can be reappointed once." Article 7 (Status of the Information Commissioner and his dismissal) "(1) Information Commissioner has the status of officer of state. (2) Information Commissioner may be subject to early dismissal by the National Assembly of the Republic of Slovenia only if: - he himself so demands, - if he no longer fulfils the conditions for execution of the function determined in the Article 6(2) of this Act. - if he becomes permanently incapable of performing his function, - if he neglects to execute his powers in accordance with the Law and Constitution. (3) The procedure for the dismissal of the Information Commissioner shall be started on proposal of the president of the Republic of Slovenia. (4) With regard to incompatibility of the Information Commissioner's function with other functions and activities the Human Rights Ombudsman Act applies by analogy." Article 14. (Reports of the Information Commissioner) "(1) Information Commissioner sends an annual report on his work to the National Assembly at the latest until 31. May for the previous year and publishes the report on his web site. (2) The annual report consists of data on previous years activities as well as estimates and recommendations in the area of personal data protection and access to public information." | Reviewer: The Information Commissioner is an autonomous and independent state body (Art. 2 of the Information Commissioner Act). The Commissioner is appointed by the National Assembly of the Republic of Slovenia on proposal of the president of the Republic of Slovenia for a five year's term (Art. 6). He/she may be subject to early dismissal by the National Assembly only in cases, provided by law (Art. 7). The Commissioner sends an annual report on his work to the National Assembly (Art 14). |
| South Africa | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 40(1) [of the Protection of Personal Information Act, 2013] The powers, duties and functions of the regulator pursuant to this Act are-(b) to monitor and enforce compliance by - (v) submitting a report to Parliament, within five months of the end of its financial year, on all its activities in terms of this Act during that financial year; (vii) monitoring the use of unique identifiers of data subjects, and reporting to Parliament from time to time on the results of that monitoring, including any recommendation relating to the need of, or desirability of taking, legislative, administrative, or other action to give protection, or better protection, to the personal information of a data subject; 52(1) [of the Protection of Personal Information Act, 2013] Funds of the Regulator consist of— (a) such sums of money that Parliament appropriates annually, for the use of the Regulator as may be necessary for the proper exercise, performance and discharge, by the Regulator, of its powers, duties and functions under this Act and the Promotion of Access to Information Act; and | |
| Sri Lanka | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Section 16. (1) The Commission shall have its own Fund into which shall be credited- (a) all such sums of money as may be voted upon from time to time by Parliament for the use of the Commission; and (b) donations, gifts or grants from any source whatsoever, whether in or outside Sri Lanka. (2) Where any money is received by way of donations, gifts or grants under subsection (1)(b), the sources and purpose for which such donation, grant or gift was made available shall be made public. See also sections 17, 18 and 20. | |
| Sweden | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | The Riksdag Act, Chapter 13, Article 16: "The Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General consists of a chair and two other members. These are elected individually by the Riksdag and serve until a new election for the Board has been held. No deputy members are appointed."Act with Instructions for the Parliamentary Ombudsmen, para. 12: "In accordance with 13.2 of the Riksdag Act, the Chief Parliamentary Ombudsman is the administrative head and decides on the overall direction activities are to take. The Chief Parliamentary Ombudsman is accountable to the Riksdag for these operations and shall ensure that they are carried out efficiently and in compliance with the law in force, that they are accounted for in a reliable and equitable manner and also that the Parliamentary Ombudsmen use public funding economically. After consultation with the other Parliamentary Ombudsmen the Chief Parliamentary Ombudsman is to issue regulations in the form of administrative directives on the organisation of the Ombudsmen’s operations and the areas of responsibility for each one of them, adopt an operational plan and also decide on the annual report and propose an appropriation in the national budget for the Parliamentary Ombudsmen. | |
| Switzerland | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | ORDINANCE TO THE FEDERAL ACT ON DATA PROTECCION. Article 30 (Headquarters and legal status). Section 3: "The Commssionaer´s budget is contained in a special section to the Federal Chancellery budget." Art. 31 Relations with other authorities and private individuals: “The Commissioner deals with the Federal Council via the Federal Chancellor. The Federal Chancellor shall pass on any recommendations and reports from the Data Protection Commissioner irrespective of whether he or she concurs with them. The Commissioner passes on the reports intended for the Federal Assembly directly to the Parliamentary Services.†| |
| Trinidad and Tobago | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 136. (6) The salary and allowances payable to the holder of any office to which subsection (1) and subsections (3) to (11) apply or an office referred to in subsections (13) to (16) and his other terms of service shall not be altered to his disadvantage after his appointment and for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. | The Ombudsman reports to parliament. Const 136(6) states that the Ombudsman cannot have his salary lowered. |
| Vanuatu | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 58. Independence of Information Commissioner (1) The Information Commissioner is not subject to the direction or control of any person or body in the exercise of his or her functions or powers under this Act or any other Act. (2) The Information Commissioner is accountable to Parliament for the execution of his or her mandate, operations and performance. 60. Funds of the Office of the Information Commissioner The funds of the Office of the Information Commissioner consists of: (a) monies appropriated to it by Parliament; and (b) funds provided by non-Government Organisations; and (c) any other funds received from any other source. | - |
| Venezuela | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Ley Orgánica de la Defensoría del Pueblo 5. Independencia y autonomía. La Defensoría del Pueblo, como órgano integrante del Poder Ciudadano, es independiente de los demás poderes del Estado, y goza de autonomía organizativa, funcional, financiera y administrativa. 28. De la remuneración. El Defensor o Defensora del Pueblo tendrá las consideraciones de alta autoridad del Estado y una remuneración igual a la de los otros miembros del Consejo Moral Republicano. 75. Autonomía presupuestaria. La Defensoría del Pueblo estará sujeta a las leyes y reglamentos sobre la elaboración y ejecución del presupuesto, en cuanto le sean aplicables. No obstante, a los efectos de garantizar su autonomía e independencia en cuanto órgano integrante del Poder Ciudadano en el ejercicio de sus deberes y atribuciones, regirán las disposiciones previstas en la Constitución de la República Bolivariana de Venezuela y la ley. 76. Elaboración del Presupuesto. La Defensoría del Pueblo deberá elaborar cada año su proyecto de presupuesto de gastos, el cual será remitido al Poder Ciudadano para su presentación al Ejecutivo Nacional e incorporación sin modificaciones al respectivo proyecto de Ley del Presupuesto que se someterá a la consideración de la Asamblea Nacional. 77. Derecho de Palabra. El Defensor o Defensora del Pueblo podrá ejercer derecho de palabra al momento de la presentación del Proyecto de Presupuesto ante la Asamblea Nacional. | |
| Zimbabwe | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 17 Media Commission Act (1) The funds of the Commission shall consist of— (a) such moneys as may be payable to the Commission from moneys appropriated for the purpose by an Act of Parliament. (b) any donations, grants or bequests made by any person or organisation or any government of any country to the Commission: Provided that the Commission shall accept such donations, grants or bequests after it has consulted the Minister; (c) fees, levies and charges for services rendered by the commission to its clients: (d) and any other moneys that vest in or accrue to the Commission, whether in terms of this Act or otherwise. (2) The Commission shall ensure that fees, levies and charges referred to in subsection 1(c)— (a) are prescribed by regulations with the approval of the Minister; (b) uphold, promote and develop freedom of the media. (3) The Commission shall apply its funds to the fulfilment of its functions and shall further observe public finance management principles established in terms of section 298 of the Constitution. 18(1) The Commission shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the activities, funds and property of the Commission, including such particular accounts and records as provided for by the Public Finance Management Act [Chapter 22:19]. (2) As soon as possible after the end of each financial year, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other period as provided for by the Public Finance Management Act [Chapter 22:19]. (3) Upon receiving the report in terms of subsection 2, The Minister shall within 28 seating days of the Parliament, lay such report before Parliament. 19 (1) The accounts of the Commission shall be audited by the Auditor-General who, for that purpose, shall have the powers and functions conferred on him or her by sections 7 and 8 of the Audit Office Act [Chapter 22:18]. (2) Any person under the authority or supervision of the Commission who refuses to provide the Auditor-General with an explanation or information required by him or her for the purposes of an audit or knowingly provides the Auditor-General with a false explanation or information, or an explanation or information that the person has no grounds for believing to be true, shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3) Notwithstanding anything to the contrary contained in subsection (1), the Auditor-General may appoint a suitably qualified person to audit the accounts of the Commission and if he or she does so— (a) subsections (1) and (2) shall apply in respect of the person so appointed as if he or she were the Auditor-General; and (b) any expenses incurred by the person so appointed in carrying out the audit shall be met from the funds of the Commission. | Appropriated by parliament and appears to report to it |
| Afghanistan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 30 (1) The Commission prepares its budget in consultation with the government and shall be deemed independent in spending its budget and shall report its expenditure in accordance with the provisions of the laws. (2) In order to better carry out its mandate and for effective implementation of its duties, the Commission, in accordance with the provisions of the laws, can receive funds and technical support from national and international organizations. 31. Members of the Commission shall receive appropriate salaries and benefits based on the provisions of the laws. | Some attempt to make the budget process independent but not approved by parliament. |
| Angola | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 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. | art 19 - Finances aren't mentioned, but the body presents report to parliament. |
| Antigua and Barbuda | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 38(1) In the exercise of his functions under this Act, the Commissioner shall not be subject to the direction or control of any other person or authority. (2) All officers and employees of the Office of the Commissioner and any other persons authorised to perform any functions under this Act shall be under the control and direction of the Commissioner and shall perform their functions without fear, favour or prejudice; and no person or authority shall interfere with or exert undue influence on them in the exercise of their powers or in the performance of their professional functions. | Art 38 - commissioner is independent and reports to no one. No mention of budgetary independence. |
| Australia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Australian Information Commissioner Act 2010 Reg. 7 The information commissioner functions are as follows: (a) to report to the Minister on any matter that relates to the Commonwealth Government’s policy and practice with respect to: (i) the collection, use, disclosure, management, administration or storage of, or accessibility to, information held by the Government; and (ii) the systems used, or proposed to be used, for the activities covered by subparagraph (i) (...) Reg. 17 Remuneration (1) An information officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of remuneration by the Tribunal is in operation, the information officer is to be paid the remuneration that is prescribed by the regulations. (2) An information officer is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. | OAIC Act Reg. 17 allows for financial independence of the Information Commissioner. But Reg. 7(a) says that the IC reports to the Minister, not Parliament. The IC also prepares its annual report for the Minister (Reg. 30). |
| Azerbaijan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Law on the Human Rights Commissioner, 14, 16, 17 | Some protections and reports to both President and Parliament. |
| Bangladesh | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 21: "Financial independence of the Information Commission.- (1) The Government shall, after due consideration of the Information commission's requisition, allocate specified amount of money to defray its expenses and the Information Commission need not to take the previous approval of the Government to spend the money allocated against the approved and prescribed heads. (2) The provisions of this section shall not be construed to have prejudiced the rights of the Comptroller and Auditor General as mentioned in article 128 of the Constitution of the People's Republic of Bangladesh." | No mention of reporting to parliament, but Art 21 gives the info commissioner some financial independence. |
| Bolivia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 223. Each year, the Public Defender shall report to the Pluri-National Legislative Assembly and to the Office of Social Control concerning the situation of human rights in the country and on the management of its administration. The Public Defender may be called on at any moment by the Pluri-National Legislative Assembly or the Social Control to provide a report with respect to the exercise of its authority. Article 32. The Ombudsman's Office will have as sources of financing: a) Financial resources assigned by the General Treasury of the Nation - TGN. b) Donations and legacies. c) Resources from national or international cooperation. | Provisions from Constitution. Reports to parliament but budget comes from government (see Article 32 of the Law on the Public Defender, No. 870, 13 December 2016). |
| Bosnia and Herzegovina | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Article 39 of the Law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001; "Upon proposal by the Institution, the financial appropriation necessary to the functioning of the Institution shall be included in the budget of the Presidency of Bosnia and Herzegovina." Article 34 states that the report goes to Parliament." | The budget is included in the budget of the presidency so 1 point lost. |
| Brazil | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | N/A | Budget is approved by Congress - but the body is linked with the presidency. |
| Burkina Faso | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Article 53 :L’Autorité nationale d’accès à l’information publique est une autorité administrative indépendante dotée de la personnalité juridique et de l’autonomie de gestion. Les crédits nécessaires à son fonctionnement sont inscrits dans le budget de l’Etat. | Budget is part of State budget but not clear on reporting lines. |
| Cook Islands | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 8. Salaries and allowances of Ombudsman- (1) There shall be paid to the Ombudsman out of the Government Account, without further appropriation than this section, a salary at such rate as the Queen's Representative, by Order in Council, from time to time determines. (2) The salary of the Ombudsman shall not be diminished by an Order in Council under this section during the continuance of his appointment. (3) Any Order in Council under this section, and any provision of any such Order, may be made so as to come into force on a date to be specified in that behalf in the Order, being the date of the making of the Order or any other date, whether before or after the date of the making of the order or the date of the commencement of this Act. (4) Every Order in Council under this section, and every provision of any such order, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the order. (5) There shall be paid to the Ombudsman, in respect of time spent in travelling in the exercise of his functions, travelling allowances and expenses in accordance with the Civil List Act 1984, and the provisions of that Act shall apply accordingly as if the Ombudsman were a Minister. 9. Oath to be taken by Ombudsman - Before entering upon the exercise of the duties of his office the Ombudsman shall take an oath before the Speaker or Clerk of Parliament, namely: I .................... will faithfully and impartially perform the duties of my office and that I will not, except where I am required to do so by enactment of the Parliament of the Cook Islands, divulge any information received by me in the performance of my functions. 28. Money to be appropriated by Parliament for purpose of this Act - Except as otherwise provided in this Act, all salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose. | Ombudsman Act Art 8 and 9 - no such protections, but Art 28 of the Ombudsman Act ensures that money comes from parliament. |
| Estonia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 54. Report of Data Protection Inspectorate on compliance with this Act (1) The Data Protection Inspectorate shall submit a report on compliance, during the preceding year, with this Act to the Constitutional Committee of the Riigikogu and to the Legal Chancellor by 1 April each year. [RT I 2007, 12, 66 - entry into force 01.01.2008] (2) The report shall contain an overview of offences, the holders of information which committed the offences, challenges, precepts, misdemeanour proceedings initiated, punishments imposed, and other circumstances relating to the implementation of this Act. (3) Reports shall be published on the website of the Data Protection Inspectorate. | No mention to the budget. |
| Germany | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | [Federal Data Protection Act] (BDSG) Section 26(1) The Federal Commissioner for Data Protection and Freedom of Information shall submit an activity report to the German Bundestag every two years. The report shall inform the German Bundestag and the public about important developments in the field of data protection. This also applies to FOI as per Article 12(3) of the FOI Act; the budget is part of that of the Federal Minister of the Interior (Section 22(5) of the BDSG). | Report is only every 2 years. |
| Ghana | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 42(3) The Commission shall through the Minister responsible for Finance, submit the budget of the Commission to Parliament for approval annually. 53 Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance. 60 The funds of the Commission include (a) moneys approved by Parliament; (b) administrative penalties imposed by the Commission; and (c) donations, gifts and grants. 61 The moneys for the Commission shall be paid into a bank account opened for that purpose with the approval of the Controller and Accountant General. 62 The expenses of the Commission shall be paid from moneys provided for the Commission under section 60. 63(1) The Commission shall keep the books, records, returns and other documents relating to the accounts of the Commission in the form approved by the Auditor-General. (2) The Commission shall submit the accounts of the Commission to the Auditor-General for audit within six months after the end of the financial year. (3) The Auditor-General shall, not later than six months, after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Commission and the Board. (4) The financial year of the Commission shall be the same as the financial year of the Government. | Does present the budget to parliament and presumably the latter approves it but not as clear as it should be. Allowances for members approved by ministers. |
| Guinea | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 47(3) Le rapport y afférent est soumis au Président de la République, et au Président de l'Assemblée Nationale et publié sur le site web de la CAIP. 51. Les ressources et les dépenses de la CAIP sont imputables au budget national. | The reference to the national budget is too general to make it clear that Parliament specifically approves the budget of the CAIP. |
| Indonesia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 28(1) The Central Information Commission is responsible to the President and submits a report on the implementation of its function, duties and authorities to the Parliament of the Republic of Indonesia. 29(6) The budget of the Central Information Commission is charged to the state budget, the budget of the provincial Information Commission and/or the district/municipality Information Commission is charged to the regional budget of the province and/or to the regional budget of the district/municipality concerned. | 28(1) - reports to parliament but is responsible to the president. 29(6) does not really have guarantees for financial independence, though he has the ability to request money from parliament. |
| Ivory Coast | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Decree 2014-462 of 6 August 2014, 2(1). La CAIDP est une Autorité Administrative Indépendante dotée de l’autonomie financier. 24. Le Secrétaire Général est chargé... d'élaborer le programme d'activités et le projet de budget de la CAIDP. 39(1). Les ressources et les dépenses de la CAIDP sont prévues dans le budget annuel de la CAIDP. (2) Les ressources de la CAIDP sont constituées par : - les dotations du budget de l'Etat ; - les dons et legs de structures et organismes ne relevant pas de son champ de compétence. | Limited guarantee of financial independence. The Secretary General (appointed by the Communications Minister) is responsible for drafting the annual budget, which (per Art. 39) comes from the State budget and also donations. |
| Liberia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 5.1: "Oversight Body: The implementation of this Act, including compliance therewith, shall be overseen an independent Information Commissioner to be appointed by the President with the advice and consent of the Liberian Senate. The Independent Information Commissioner shall be a Liberian of high moral character and generally acceptable to many stakeholders. The Independent Information Commissioner shall serve full-time, and receive compensation at least equal to that receive by a Circuit Judge. The work of the Information Commissioner and the Technical Secretariat to support his or her work shall be funded by the Government through the National budget. The Informational Commissioner shall enjoy operational, investigatory and regulatory autonomy, and general independence in the exercise of his or her work." | 5.1 - ties info commissioner's salary to that of a circuit court judge - protect financial independence. But budget goes through the national budget, so could be defunded. |
| Malawi | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 1 | Human Rights Commission Act: Art. 33 The Commission shall be liable to account to Parliament for its funds in the manner applicable to Government departments and the accounts of the Commission shall be liable to audit by the Auditor General. Art. 37 In addition to any specific report which the Commission may at any other time submit to any authority under this Act, the Commission shall within three months after the end of every calendar year submit a report to Parliament on the activities it has carried out during that calendar year. | |
| Monaco | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | A9, 45, 46 of HRC Ordinance | Funds for the Commissioner are allocated by the state. No reference to reporting to Parliament, rather to the Monarch. But some effort to protect budget independence. |
| Nepal | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 23. Expenditure of the Commission: (1) The Government of Nepal shall arrange necessary budget for the Commission. (2) The Commission shall also receive necessary financial resources from other sectors after getting prior permission of the Government of Nepal. Rules 10. Remuneration: The remuneration of the Chief Information Commissioner and the Information Commissioner shall be Twenty Four Thousand Three Hundred and Twenty Two Thousand Eight Hundred rupees respectively. Provided that, notwithstanding anything contained in these rules, the Chief Information Commissioner and Information Commissioner shall be receive provided the remuneration as they are currently drawing at the time of commencement of these Rules. | Doesn't report to parliament and government provides budget but salaries of Commissioners are fixed. |
| Pakistan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 19(2) The Information Commission shall, in addition to its functions under sub-section (1), perform the following functions, namely:- (c) compile a comprehensive bi-annual report both describing its own activities, including an overview of its audited accounts and providing an overview of the activities undertaken by all public bodies to implement this Act. This report shall be laid before the Parliament; 21 The Federal Government shall make annual budgetary allocation to the Information Commission to discharge its functions under this Act. | Reports to parliament but government provides budget |
| Rwanda | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Article 3.13 of Law 17/2005: to submit annually its plan of action and activity report to the President of the Republic and the parliament and reserve copies to other state organs mentioned in Article 23 of Law No. 25/2003 of 15/08/2003 establishing the organization and functioning of the Office of the Ombudsman. Article 14 of Law 17/2005: Article 29 of Law No. 25/2003 of 15/08/2003 establishing the organisation and functioning of the Office of the Ombudsman is modified and complemented as follows: The office's running costs come from the state's budget. The office works out its own budget proposal which is explained by the Office of the President of the Republic. The implementation of the budget of the office is monitored as provided for by the law. | Article 3 of LAW No. 17/2005 OF 18/08/2005 says the Ombudsman reports to President and to Parliament. According to Art 14, its budget comes from the President. |
| Sudan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 5(1)The Commission shall assume the following functions and competences: (g) Prepare the proposals of the annual budget and submit them to the competent minister for approval and ratification; 14. The financial resources of the Commission are made up of: (a) The appropriations allocated by the State, (b) Contributions from institutions and individuals, (c) The funds it obtains as a result of the services it renders, (d) Any other resources accepted by the Commission with the approval of the competent minister. 15. The Commission shall have an independent budget to be set in accordance with sound accounting principles decided by the State, and the Commission must submit to the relevant bodies before the end of each financial year the annual budget containing the revenues and expenses for the following financial year for approval. 16(1) The Commission shall keep its accounts and books in accordance with the Financial and Accounting Procedures Law of 2007. (1) The National Audit Chamber or the entity delegated shall audit the Commission’s accounts. (2) The Commission shall submit the annual report and the report of the national auditor to the Council of Ministers. | Limited protection for the independence of the budget. |
| Tunisia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Art. 47 - Le conseil de l’instance exerce les attributions suivantes, objet du premier, deuxième et sixième tirets de la présente loi. Il assure également : ... - la proposition du projet de budget de l’instance, Art. 56 - Les ressources financières de l’instance sont composées de : - subventions allouées par l’Etat, - recettes provenant des activités et services de l’instance, - dons fournis à l’instance conformément à la législation et aux réglementations en vigueur, - autres recettes attribuées à l’instance par la loi ou par un texte réglementaire. Les règles d’ordonnancement et de la tenue des comptes de l’instance sont soumises au code de la comptabilité publique. | Some efforts to make the budget process independent but does not report to parliament. |
| Ukraine | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Law of the Ukrainian Parliament Commissioner for Human Rights, Article 12.1 Financing for the activity of the Commissioner shall be allocated from the State Budget of Ukraine and will annually receive its own distinction. 12.2 The Commissioner shall elaborate, submit to the Verkhovna Rada of Ukraine for approval and implement budgetary outlays. Article 18.1 During the first quarter of every year, the Commissioner shall provide the Verkhovna Rada of Ukraine with an annual report on the issue regarding the observance and protection of human and citizens' rights and freedoms in Ukraine | Allocated from the State budget but reports to parliament. |
| United Kingdom | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Section 85: "There shall be paid out of money provided by Parliament-- (a) any increase attributable to this Act in the expenses of the Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal, (b) any administrative expenses of the Secretary of State attributable to this Act, (c) any other expenses incurred in consequence of this Act by a Minister of the Crown or government department or by either House of Parliament, and (d) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided." | The Parliament will pay "any increase attributable to this Act in the expenses of the Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal" |
| Yemen | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 27: "Shall be established under the provisions of this law, the Office of the Commissioner General of Information has a legal personality and independence necessary for the exercise of his office functions. The office is allocated to a separate budget within the general budget of the state." | Art 27 - "The office is allocated to a separate budget within the general budget of the state" - doesn't mention how it's approved though. |
| Zambia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Const. 238-239: budget provided by Min. of Finance from Consolidated fund, HRC Act 10 (remuneration of Commissioners on rec. of Pres.), 23(1) - funds appropriated by Parl. | |
| Andorra | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Argentina | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | ARTÍCULO 25° — Personal de la Agencia de Acceso a la Información Pública. La Agencia de Acceso a la Información Pública contará con el personal técnico y administrativo que establezca la ley de presupuesto general de la administración nacional. | |
| Austria | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned | N/A |
| Belgium | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Benin | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 21: Les membres de la Haute Autorité de l’Audiovisuel et de la Communication reçoivent un traitement, des avantages et indemnités fixés par la loi. | Loi Organique, N° 92-021 du 21 Aout 1992 Relative a la Haute Autorite de l’Audiovisuel et de la Communication (H.A.A.C.). No real role for parliament. |
| Bulgaria | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No independent appeal |
| China | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Colombia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Yes - according to our expert - but the Public Ministry's inability to hear appeals makes Colombia ineligible for points here. |
| Costa Rica | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Cyprus | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| Czech Republic | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Dominican Republic | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No administrative level of appeal |
| Ecuador | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| France | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Comment from the reviewer: The budget is decided by the Ministry. Plus is very low and that circumstance block the development of the body. |
| Georgia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No mention about an independent oversight body. |
| Guatemala | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Guyana | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 5(3) The Commissioner of Information shall be provided with requisite staffing and budgetary support in order to discharge his functions under this Act. (4) The Minister shall provide the Commissioner of Information with such officers and employees as may be necessary for the efficient discharge of the functions of the Commissioner under this Act. | 5(3) and 5(4) requires that the Info Commissioner be provided with proper resources, but they get it from the minister, not parliament. |
| Hungary | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Article 38(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. Article 39(1) The Authority shall be a central budgetary organ with the powers of a budgetary chapter, and its budget shall constitute an independent title within the budgetary chapter of Parliament. | |
| Iceland | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Iran | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 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. | |
| Israel | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Italy | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Jamaica | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No financial independence - the tribunal relies on the Ministry of Information for funding. |
| Japan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Jordan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No independence. The oversight board are not paid - but they are clearly tied to government, so this does nothing to safeguard their independence. |
| Kazakhstan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
| Latvia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Lebanon | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Although the law specifies that appeals lie with the Anti-Corruption Body, the government has yet to pass legislation creating that body. In the interim, no points are awarded here. |
| Liechtenstein | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not in law nor regulations. |
| Lithuania | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | A11(4): Les frais de fonctionnement de la Commission d’accès aux documents sont à charge du budget de l’État. (5) Les membres de la Commission d’accès aux documents touchent une indemnité à fixer par règlement grand-ducal. | Budget is provided by the government and there is no mention of reporting to parliament. |
| Moldova | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Montenegro | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned. | |
| Morocco | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| Mozambique | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| Netherlands | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | No oversight body listed. | |
| Nicaragua | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Niger | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 30: Le médiateur est tenu de faire ressortir, dans son rapport public annuel adressé au Président de la République, les difficultés rencontrées par les citoyens dans l’exercice du droit d’accès à l’information publique. | Article 30 - implies they are accountable to the president, rather than to parliament. |
| Nigeria | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Palau | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned | |
| Panama | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Law 33 of 2013. 14: El director general tendrá la consideración de alta autoridad del Estado a nivel nacional y una remuneración equivalente a la de ministro de Estado. A nivel internacional tendrá el título de embajador plenipotenciario de la República de Panamá para el debido cumplimiento de sus funciones. 34. El patrimonio de la Autoridad estará constituido por: 1. Los recursos que se le asignen en el Presupuesto General del Estado. 2. Los bienes muebles e inmuebles que se le transfieran o que adquiera a cualquier título y por los frutos de estos bienes. 3. Las donaciones, herencias y legados que posea o acepte. | Although the Director General's salary is fixed to that of a minister, and Arts 9, 10 and 25 mention the need for adequate staffing, the budget is allocated from the general State budget with no mention of parliament or of reporting to parliament. |
| Paraguay | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Peru | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Philippines | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Poland | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | There is no independent oversight body. | |
| Qatar | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned | |
| Romania | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | No independent oversight body listed. | |
| Saint Kitts and Nevis | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| San Marino | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. Regulation of 2 December 2015 No. 16, 11(5). The DGFP shall also report non-compliance or partial compliance with publication requirements to the State Congress. | Although the Directorate General of the Civil Service (DGFP) has limited reporting duties to the State Congress in respect of non-compliance with proactive disclosure obligations, the legislation does not outline any effective mechanisms to protect the independence of the DGFP, which does not appear to be an independent oversight body, but rather part of the administration. |
| Saudi Arabia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Slovakia | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| South Korea | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Oversight committees seem to be ad hoc. | |
| South Sudan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned. | |
| Spain | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Artículo 39 (Régimen jurídico): 1. El Consejo de Transparencia y Buen Gobierno se regirá además de por lo dispuesto en esta Ley por: a) Las disposiciones de la Ley 47/2003, de 26 de noviembre, General Presupuestaria que le sean de aplicación. Anualmente elaborará un anteproyecto de presupuesto con la estructura que establezca el Ministerio de Hacienda y Administraciones Públicas para su elevación al Gobierno y su posterior integración en los Presupuestos Generales del Estado. Artículo 35 (Composición): El Consejo de Transparencia y Bueno Gobierno estará compuesto por los siguientes órganos: a) La Comisión de Transparencia y Buen Gobierno. b) El Presidente del Consejo de Transparencia y Buen Gobierno que lo será también de su Comisión. | La ley no menciona nada sobre la independencia presupuestaria. |
| Taiwan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| Tajikistan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Tanzania | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Thailand | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | 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. | 28 - The Board reports to the Council of Ministers - no mention of its finances |
| Togo | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Article 20 : (1) Le Médiateur de la République bénéficie d'une indemnité dont le montant est fixé par décret en Conseil des ministres. | Loi 2003-021. The budget is approved by the Cabinet. |
| Turkey | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No mention about the financing of the Board. |
| Uganda | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| United States | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | |
| Uruguay | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
| Vietnam | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned |
