By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 22(1) The commission has the following powers and functions: 3- Demand documents from information offices of institutions, if required. 33(5) The agency from which the Complaint has been made, shall provide documents and evidence that it has acted based on the provision of this law. 34(1) The Commission has the following authority during a compliant hearing: 1-Inviting both parties and listening to their statements verbally or in writing. 2-Obligating the institutions to provide documents and evidence. 3-Inspect offices of the Public Information Officers and the manner in which documents and information is managed in the intuitions. | |
| Albania | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 31/1 of Data Protection Act. Powers in the field of protection of the right to information :"c. assuming the necessary administrative inquiry in the course of exercising his powers; being informed and having access to the information and documents subject to complaint in accordance with the law on the right to information or bearing a connection to the case under consideration, including the information classified state secret. He shall, in these cases, be obliged to abide by the requirements for maintaining the state secret, under the effective legislation". | http://www.idp.al/images/english/legislation/law_120-2014.pdf |
| Angola | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 17 It is the responsibility of the Monitoring Commission to ensure compliance with the provisions of the current law. 19 It is the responsibility of the Monitoring Commission (d) present its position on the system of classification of documents; | |
| Australia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 55R Information gathering powers—obliging production of information and documents (1) This section applies if the Information Commissioner has reason to believe that a person has information, or a document, relevant to an IC review. (2) This section applies subject to sections 55T (exempt documents generally) and 55U (particular exempt documents). (3) The Information Commissioner may, by written notice, require a person to, for the purposes of an IC review: (a) give the Information Commissioner information of a kind specified by the notice; or (b) produce to the Information Commissioner a document specified by the notice. (...) (5) A person commits an offence if: (a) the person is subject to a requirement specified in a notice under subsection (3); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement. 77 Information Commissioner investigations—general power to enter premises (1) If a consenting person consents to entry under paragraph (2)(a), an authorised person may, at any reasonable time of day arranged with the consenting person: (a) enter and remain at the place; or (b) carry on the investigation at that place; or (c) inspect any documents relevant to the investigation kept at the place. (2) The authorised person may enter a place that: (a) is occupied by an agency; or (b) is occupied by a contracted service provider and used by the contracted service provider predominantly for the purposes of a Commonwealth contract. (3) The authorised person may enter a place only if: (a) consent to the entry has been given by the person (the consenting person) who is: (i) in the case of an agency—the principal officer of the agency; or (ii) in the case of a contracted service provider—the person in charge (however described) of the contracted service provider; and (b) before giving the consent, the authorised person informed the consenting person that he or she may refuse consent. (4) The authorised person must leave the premises if the consenting person asks the authorised person to do so. (...) | S. 55R gives them the power to review classified documents. Ss. 55T and 55U impose only procedural measures for dealing with exempt documents. S. 77 gives them the power to inspect premises, although this may only be done with consent. |
| Bangladesh | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 13(3): "The Information Commission, or as the case may be, the Chief Information Commissioner or Information Commissioners, may exercise such powers as a civil court may exercise under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters, namely:- (a) to issue summons to enforce the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or other things; (b) to examine and inspect information; (c) to receive evidence on affidavit; (d) to bring in any information from any office; (e) to issue summons for witnesses or documents; and (f) any other matter prescribed by rules for carrying out the purposes of this Act." | |
| Benin | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 99: La Haute Autorité de l’Audiovisuel et de la Communication peut s’autosaisir de demandes d’information non satisfaites par les sources publiques si elle le juge nécessaire. 101: La Haute Autorité de l’Audiovisuel et de la Communication saisit les autorités compétentes aux fins de : - impartir à l’agent ou à l’organisme public le délai dans lequel il devra lui fournir ses éléments d’explication ; - inviter les témoins à comparaître devant elle ; - pénétrer dans les locaux des structures publiques pour y mener les enquêtes nécessaires. 102: L’agent et l’institution publique concernés facilitent l’enquête de la Haute Autorité de l’Audiovisuel et de la Communication en mettant à sa disposition toutes les informations demandées. | |
| Bosnia and Herzegovina | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 2 | Article 2 and 25 of law of the human right ombudsman of Bosnia and Herzegovina 22/01/2001 state that they can undertake investigations and inspections. | |
| Canada | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 36(1) The Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Act, power (a) to summon and enforce the appearance of persons before the Information Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Information Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; (d) to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises; (e) to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Information Commissioner under this Act as the Commissioner sees fit; and (f) to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation. (2) Notwithstanding any other Act of Parliament or any privilege under the law of evidence, the Information Commissioner may, during the investigation of any complaint under this Act, examine any record to which this Act applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds. (3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under section 67, in a review before the Court under this Act or in an appeal from such proceedings, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings. (4) Any person summoned to appear before the Information Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. (5) Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Information Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. | |
| Croatia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Art.25.4.: In the procedure of reviewing the Complaint against the Decision on restricted information from the Article 15 paragraphs 2 and 3 of this Law, the public authority bodies shall be bound to enable the Commissioner to review the information subject to the procedure. For information referred to in Article 15 paragraph 2, item 1 of this Law, the Commissioner shall request an opinion of the Office of the National Security Council, in accordance with the law regulating classified information. Art.46.: Inspectional supervision is conducted in form of a: 1. direct inspectional supervision, through a direct insight into data and documents of the public authority body under supervision, including a review of the manner of work of the public authority body under supervision; 2. indirect inspectional supervision, through a direct insight into the submitted data and documents. Art.47.3.: The headperson of the public authority body under supervision is bound to allow for an undisturbed inspectional supervision, including the provision of work space for conducting the supervision, use of technical equipment, data and documents subject to supervision. | |
| Cyprus | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | "Article 37 (Responsibilities of Commissioner) 37 (2) Ο Επίτροπος έχει εξουσίες εισόδου και επιθεώρησης, όπως προβλέπεται στο άρθρο 41 και προς το σκοπό αυτό διενεργεί αυτεπαγγέλτως ή ύστερα από καταγγελία έλεγχο σε οποιαδήποτε δημόσια αρχή. Article 41 (Powers of entry and inspection) 41. Ο Επίτροπος ή δεόντως εξουσιοδοτημένος εκπρόσωπός του, αν έχει εύλογη αιτία να πιστεύει ότι υπήρξε παράβαση δυνάμει των διατάξεων του παρόντος Νόμου υποχρεώσεων δημόσιας αρχής, δύναται, κατά οποιαδήποτε εύλογη ώρα και επιδεικνύοντας αποδεικτικό της ιδιότητάς του εφόσον του ζητηθεί, να προβαίνει σε οποιαδήποτε ή όλες τις πιο κάτω ενέργειες: (α) Να εισέρχεται ελεύθερα και χωρίς προηγούμενη ειδοποίηση σε οποιοδήποτε υποστατικό δημόσιας αρχής και να διεξάγει έρευνα· (β) να επιθεωρεί και να κατάσχει οποιαδήποτε έγγραφα ή άλλο υλικό που βρίσκονται σε υποστατικό δημόσιας αρχής τα οποία ευλόγως δύναται να αποτελούν αποδεικτικό στοιχείο για την πιο πάνω αναφερόμενη παράβαση· (γ) να επιθεωρεί, εξετάζει, λειτουργεί και ελέγχει οποιοδήποτε εξοπλισμό βρίσκεται σε υποστατικό δημόσιας αρχής στον οποίο ίσως έχουν καταγραφεί πληροφορίες που βρίσκονται στην κατοχή της δημόσιας αρχής· (δ) να συνοδεύεται από οποιοδήποτε άλλο πρόσωπο και να φέρει μαζί του οποιοδήποτε εξοπλισμό ή υλικά που είναι αναγκαία για οποιοδήποτε σκοπό για τον οποίο ασκείται η εξουσία εισόδου στο υποστατικό· και (ε) να απευθύνει ερωτήσεις σε δημόσια αρχή ή οποιοδήποτε πρόσωπο εργοδοτείται από δημόσια αρχή ή είναι αξιωματούχος αυτής ή υπόκειται σε οδηγίες δημόσιας αρχής, για το οποίο έχει εύλογη αιτία να πιστεύει ότι μπορεί να παράσχει πληροφορίες σχετιζόμενες με οποιοδήποτε σκοπό για τον οποίο ασκείται η εξουσία εισόδου στο υποστατικό" | Both inspection powers and powers to take documents |
| Denmark | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Danish Ombudsman Act, Article 18 "The Ombudsman may inspect any institution or company and any place of employment which fall within its jurisdiction" and 19 "Authorities, etc. which fall within the jurisdiction of the Ombudsman shall be under an obligation to furnish the Ombudsman with such information and to produce such documents, etc. as he may demand". | |
| Estonia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 45. Supervisory competence of Data Protection Inspectorate "(1) The Data Protection Inspectorate shall exercise state supervision over holders of information during compliance with requests for information and the disclosure of information. (2) The Data Protection Inspectorate may initiate supervision proceedings on the basis of a challenge or on its own initiative. (3) Upon the exercise of supervision, the Data Protection Inspectorate shall ascertain whether: 1) a request for information is registered pursuant to the procedure prescribed by law; 2) a request for information is complied with pursuant to the procedure, within the term and in a manner prescribed by law; 3) refusal to comply with a particular request for information is in accordance with law; 4) a restriction on access to particular information is established pursuant to the procedure provided by law; 5) a holder of information performs the obligation to disclose information; 6) a holder of information performs the obligation to maintain a website pursuant to the procedure provided by law. [RT I 2002, 61, 375 - entry into force 01.08.2002] (4) The Data Protection Inspectorate may give recommended instructions for the implementation of this Act. [RT I, 19.12.2012, 2 - entry into force 29.12.2012]" 50. Rights of Data Protection Inspectorate (1) Competent officials of the Data Protection Inspectorate who exercise supervision have the right to: 1) demand explanations and documents from holders of information; 2) examine documents concerning access to information held by holders of information and internal documents to which access is restricted; 3) issue precepts to holders of information to comply with legislation; 4) [Repealed] 5) make proposals to holders of information for the better organization of access to information. (2) The Data Protection Inspectorate shall notify the person filing the challenge, the holder of information and the superior body or agency of the holder of information of the decision on the challenge. The supervision results shall be disclosed on the website of the Data Protection Inspectorate. [RT I 2002, 63, 387 - entry into force 01.09.2002]" | |
| Gambia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 53 (4) The Commission has the power to - (a) issue written orders obliging the production of information; (b) examine, reproduce, take extracts from or hold information for as long as is necessary; (c) require the production of information to which access has been refused on the basis of an exemption under Part III, for the purpose of deciding whether it is an exempt document; limit access to information to parties in terms of this Act; (e) take any such action or issue and serve notices as may be appropriate for the resolution of any matter before it. 65(1) The Commission shall inspect compliance by an information holder with this Act. (2) The powers of the Commission to conduct an inspection under sub-section (1) includes the power to - (a) conduct inspections; (b) undertake any investigation it deems appropriate in furtherance of the inspection; (c) engage with staff of the body; (d) request copies of any information; (e) access any information it deems necessary to undertake the inspection; and (f) penalise non-compliance. | |
| Greece | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | [Law on the Ombudsman of Greece] Article 4(1) The Ombudsman undertakes the investigation of any issue within his jurisdiction, following a signed complaint submitted by any directly concerned person or legal entity or union of persons. Article 4(5) The Ombudsman may request public services to provide him with any information, document or other evidence relating to the case, and may examine individuals, conduct on-site investigations and order an expert's report. During the examination of documents and other evidence, which are at the disposal of public authorities, the fact that they have been classified as secret may not be invoked, unless they concern issues of national defence, state security and the country's international relations. All public services have an obligation to facilitate the investigation in every possible way. | |
| Hungary | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 54(1) During the investigation, the Authority is entitled to (a) inspect all documents controlled by the controller under review and associated with the given case, or request copies of these; (b) acquire knowledge of data control activities associated with the case under review and enter the premises where control activities are undertaken; (c) request verbal or written information from the controller under review, as well as from any employee of the controller, (d) request information in writing from any organisation or individual associated with the case under review, and (e) request that the head of the supervisory body of the data control authority carry out an investigation. | |
| India | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 18(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. Article 19(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. | |
| Ireland | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 45(1) The Commissioner may, for the purposes of a review under section 22 or an investigation under section 44 - (a) require any person who, in the opinion of the Commissioner, is in possession of information, or has a record in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purposes aforesaid to furnish to the Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and (b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the Commissioner, is relevant to the review or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period. (2) The Commissioner may for the purposes of such a review or investigation as aforesaid enter any premises occupied by an FOI body and there - (a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the Commissioner, is relevant to those purposes, and (b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises. | 45(10) prevents the Commissioner from taking documents from police stations. |
| Kenya | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 23(1) In the performance of its functions under this Act, the Commission shall have the power to - (a) issue summonses or other orders requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission; (b) question any person in respect of any subject matter under investigation before the Commission; and (c) require any person to disclose any information within such person's knowledge relevant to any investigation by the Commission. [Commission on Administrative Justice Act, 2011] Article 26. In addition to the powers conferred in Article 252 of the Constitution, the Commission shall have power to [...] (d) obtain, by any lawful means, any information it considers relevant, including requisition of reports, records, documents and any information from any person, including governmental authorities, and to compel the production of such information for the proper discharge of its functions; (e) by order of the court, enter upon any establishment or premises, and to enter upon any land or premises for any purpose material to the fulfilment of the mandate of the Commission and in particular, for the purpose of obtaining information, inspecting any property or taking copies of any documents, and for safeguarding any such property or document; [...] | |
| Kyrgyzstan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 2 Law on Ombudsman, 8. The Ombudsman (Akyikatchy) of the Kyrgyz Republic shall have the right: 1) to be received without any delay by the President of the Kyrgyz Republic, Toraga (Speaker) of the Legislative Assembly and the Toraga of the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic, the Prime Minister of the Kyrgyz Republic and members of the Government of the Kyrgyz Republic, by Chief Justices of the Constitutional Court, Supreme Court and the Supreme Court of Arbitration of the Kyrgyz Republic, Prosecutor General of the Kyrgyz Republic, commanders of the Military forces of the Kyrgyz Republic, administrations of penitentiary facilities, heads of other bodies of public administration, bodies of the local government, civil associations, enterprises, institutions, organizations regardless of the ownership and respective officials. 2) to attend sessions of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic and Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic, meetings of the Government of the Kyrgyz Republic, sessions of the Constitutional Court, Supreme Court and the Supreme Court of Arbitration of the Kyrgyz Republic, Board of the Office of the Prosecutor General of the Kyrgyz Republic and other boards. 3) to appeal to the Constitutional Court of the Kyrgyz Republic with the statement concerning the compliance of laws of the Kyrgyz Republic, other normative and legislative acts of the Jogorku Kenesh of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic, and the Government of the Kyrgyz Republic concerning the human and civil rights. 4) to appeal to the Legislative Assembly and the Assembly of People's Representatives of the Jogorku Kenesh of the Kyrgyz Republic with a petition concerning the official interpretation of the Constitution and the legislation of the Kyrgyz Republic. 5) to visit without any obstacles the bodies of public administration, bodies of the local government, enterprises, institutions, organizations regardless of their ownership, as well as military units; 6) to inquire and obtain from state bodies, local self - government, enterprises, organizations and institutions, as well as civil associations and political parties any information, materials and documents concerning issues that must be clarified in a course of consideration of an application or a complaint. 7) to have access to information, associated with official, commercial or state secrets (classified information) through the procedure established by the legislation of the Kyrgyz Republic; 8) require that officials of bodies of the state, local government, enterprises and institutions, as well as organizations regardless of their ownership, should facilitate inspections of enterprises, institutions and organizations they control or run, and provide experts to participate in inspections, evaluations in order to make respective experts' opinions. 9) to invite officials, citizens of the Kyrgyz Republic, foreign citizens and stateless persons to provide clarifications orally or in writing concerning any circumstances considered in a case; 10) to visit, at any time, places for detention of people, places of pre-court detention, penitentiary facilities, correction and treatment facilities, psychiatric hospitals, and to interview detainees, as well as to collect information concerning conditions of detention and check documents that provide grounds for detention in such facilities. 11) to attend sessions of courts of any instance, including trials with restricted access provided the party for which the trial has been announced "closed" agrees. 12) to appeal to the court for protection of human and civil rights and freedoms of citizens who are not able to do the same for reasons of health or otherwise, and to attend trials in person or through a representative in cases and through the procedure established by law; 13) to study criminal and civil cases in the court, as well as cases of administrative violations, in respect to which decisions of the court have already been made and become effective, as well as cases and materials, rejected by the court. 14) to forward acts of response by the Ombudsman (Akyikatchy) to respective bodies in case of identification of any violations of the human and civil rights and freedoms, which must take appropriate measures; 15) to check how respective bodies of the state, including law enforcement and investigative agencies comply with the established human and civil rights and freedoms. 16) to control any branch of power in respect to cases where final decisions have already been made. To perform the official duties the Ombudsman (Akyikatchy) shall have the access to facilities used by the military forces and state guards service. 17) to hear out officials, responsible for cases under consideration or any staff member of the body that conducts the investigation and may demand an investigation to be conducted by authorities of a body under examination or by the head of the supervisory board and any other body empowered to conduct such investigation by the law. 12(3). Due to the above said bodies of the state power may not deny access to any document of administrative nature which may be related to the activities or services subject to an investigation. | Seems to have power to obtain documents, to hear witnesses and to visit premises but could be clearer. It is also not clear what procedures would need to be complied with for the Ombudsman to get classified information. |
| Malawi | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 8. The Commission, in its oversight functions, have the power to – (j) enter and inspect premises to which an application for review relates and inspect, make copies of, and take extracts from any material relevant to the review process or proceedings as the case may be. 45. The Commission may, during investigations relating to any application for a review under this Part, examine any record that is under the custody or control of an information holder. | Inspection powers are included in 8(2)(j). |
| Maldives | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 60. The Information Commissioner shall have the following powers in relation to an appeal or complaint lodged before him: (a) To summon the concerned persons; (b) To obtain statements from those summoned; (c) To collect testimony from those willing; (d) To request for information; (e) To request for documents; (f) To order to provide documents; (g) To order to provide information; (h) To order to provide a specific document or specific information to the Information Commissioner; (i) To investigate and review a specific piece of information; (j) To obtain evidence; (k) To obtain evidence in writing; (l) To obtain testimonies in writing; (m) To order a specific State Institute to provide information held in its office. (n) To summon a specific person, who having being identified as a witness; (o) Having specified a given document, to order to submit that document; (p) To enter a State Institute; (q) To examine and search a given State Institute for the purpose of obtaining a relevant piece of information, and where that information is found, to withhold the document or the source in which the said information is found; (r) To enforce other powers vested in the Information Commissioner under the regulations formulated under this Act. | |
| Mongolia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Human Rights Commission Act 16.1. Commissioners shall exercise the following powers during the course of inquiry into complaints: 16.1.1. To take explanations in writing from the Complainant and relevant business entities, organisations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate; 16.1.2. To summon the Complainant and relevant persons; 16.1.3. To have unrestricted access to any business entity or organisation and to participate in their meetings and conferences, and to meet in person with the relevant officials; 16.1.4. To obtain without any charge the necessary evidence, official documents and information from organisations and/or officials, and to get acquainted with them on the spot; 16.1.5. To appoint experts from the appropriate organisations in a case of necessity for the specialised knowledge, and to get their expert-opinions; 16.1.6. To transfer a complaint to the relevant authorities or officials according to their jurisdiction, if it is considered that this complaint has a nature of criminal or civil case during the course of examination; 16.1.7. To conduct alone an inquiry into the activities of business entities, organisations or officials, or jointly on the basis of a proposal by the competent State authority and their officials; 16.1.8. To access the confidential data/secrets of the State, organisation or individual person in accordance with procedure established by the relevant law, if Commissioners considers it necessary during the course of exercise of his/her powers; | Power to access documents and summon witnesses and to have "unrestricted access" to organisations. |
| Namibia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 9(1) The powers of the Information Commissioner include - (a) subject to Article 13 of the Namibian Constitution, entering and searching any premises, and seizing of any information or material necessary for the execution of his or her mandate in terms of this Act; (b) examining, reproducing, taking extracts from documents or holding information for as long as is necessary, including information found in any premises entered pursuant to paragraph (a); 60. The Information Commissioner, with regard to any matter before him or her, has the powers - (a) to summon, in the prescribed form and manner, heads of organs of State, heads of offices, ministries and agencies of Government, members of board of directors or any other persons as witnesses; (b) to summon expert witnesses where appropriate; (c) to allow interested parties on application to join proceedings; (d) to provide assistance to applicants, where appropriate; (e) to allow parties and witnesses to participate in investigations and hearings through the medium of their choice; 21 (3) When conducting an audit, the Information Commissioner may do any or all of the following - (a) conduct inspections at the premises of the public entity; (b) undertake any investigation he or she considers appropriate in furtherance of an audit; (c) engage with staff of the public entity; (d) request copies of any information and any other related records from the public entity; (e) access any information he or she considers necessary to undertake the audit. | It has both the power to review and to inspect but not to require witnesses to appear before it. |
| Nepal | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 10(2) Commission may summon and take statement of the concerned Chief or Information Officer, order to submit a document, take statement of witness and evidence or demand copy of the document from a Public Body while deciding the appeal received pursuant Sub-Section (1). | Inspection not listed but in practice it can. |
| New Zealand | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 29A Requirements of Ombudsman to be complied with within certain period (1) Subject to this section, where, during the course of an investigation, under section 28, of any decision of any department or Minister of the Crown or organisation, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that department or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing which relates to that investigation, that department, Minister of the Crown, or organisation shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that department or Minister of the Crown or organisation, comply with that requirement. (...) 27 Power of entry on premises (1) For the purposes of this Act, but subject to the provisions of this section, an Ombudsman may at any time enter upon any premises occupied by any of the departments or organisations named or specified in Schedule 1 and inspect the premises and, subject to the provisions of sections 19 and 20, carry out therein any investigation that is within his jurisdiction. (2) Before entering upon any such premises an Ombudsman shall notify the chief executive of the department or, as the case may require, the chief executive of the organisation by which the premises are occupied. (3) The Attorney-General may from time to time by notice to the Chief Ombudsman exclude the application of subsection (1) to any specified premises or class of premises, if he is satisfied that the exercise of the power conferred by this section might prejudice the security, defence, or international relations of New Zealand, including New Zealand's relations with the government of any other country or with any international organisation. | S. 29A(1) accords inspection powers. S. 27 of Ombudsman Act allows entry onto any premises. |
| Norway | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 7 (Right to obtain information): " The Ombudsman may demand from public officials and from all other who serve in the public administration such information as the requires to discharge his duties [...]" Article 8 (Access to offices in the public administration): " The Ombudsman shall have access to places of work, offices and other premises of any administrative agency and any enterprise which come under his jurisdiction." Article 9 (Access to documents and pledge of secrecy): " The Ombudsman´s case documents are public. The Ombudsman shall have the final decision with regard to whether a document shall be wholly or partially exempt from public access. Further rules, including the access to exempt documents from public access, are provided in the Directive to the Ombudsman. [...]" | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
| Russia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Federal Law on the Prosecutor's Office of the Russian Federation, Article 22(1): (Prosecutor's powers): In exercising the functions assigned to him, the prosecutor shall be entitled: (a) on presenting his official identity card, to freely enter the territory and premises of the bodies specified in Article 21, item 1, of the present Federal Law, to have access to their documents and material and to verify execution of the laws in connection with information received by the prosecution bodies concerning violations of the law; (b) to require the heads and other officials of the said bodies to provide the necessary documents, material, statistical and other information; assign specialists to clarify any questions which may have arisen; (c) conduct checks on the basis of material and applications received by the prosecution bodies and carry out reviews of the activities of any organizations under their control or jurisdiction; (d) to summon officials and private individuals for the purpose of providing explanations concerning violations of the law. | |
| Rwanda | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | N/A | Article 19 of LAW N° 23/2003 empowers the Ombudsman to inspect any document, Article 20 allows them to search any place. |
| Serbia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Article 26: "The Commissioner shall undertake actions to determine the facts necessary for reaching the decision referred to in Articles 24 and 25 of this Law. In order to determine the facts referred to in Para 1 of this Law, the Commissioner shall be allowed insight in every information medium this Law applies to." | The Commissioner shall take steps to find any facts necessary for reaching a decision, including the access to every information carrier covered by this law. The review of classified documents is not specifically mentioned, but it can be inferred by the lecture of the article that it is under the scope of the act. |
| Sierra Leone | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 32(3) In the performance of its functions under this act, the Commission shall have the powers of a High Court to (a) issue summons or other orders requiring the attendance of any person before the Commission to give oral or written evidence and the production of any document or record relevant to any investigation by the Commission; (b) administer oaths; (c) examine any person in respect of any subject matter under investigation before the Commission; (d) require any person to disclose any information within the person's knowledge relevant to any investigation by the Commission; and (e) enter any premises occupied by a public authority to carry out any investigation. In the performance of its functions under this Act, the | |
| Slovenia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Information Commissioner Act Article 10.2 "(2) If, when dealing with a complaint in a case of access to public information the Information Commissioner suspects that the first level body holds the requested information, but does not entirely or partially reveal it to the Information Commissioner, the Commissioner can use powers in accordance with the Act governing inspections." | Reviewer: The Information has both the power to review classified documents and to inspect the premises of public bodies. The power to inspect premises is vested to the Commissioner by Article 10/2 of the Information Commissioner Act. According to the Inspection Act, the inspector has the power to "inspect premises, buildings, installations, facilities, means of work, fittings, objects, goods, substances, books of account, contracts, papers and other documents as well as the business operations and documents of state authorities, companies, institutions, other organisations and communities and private persons", "enter the property and land of natural and legal persons", "examine papers disclosing the identity of persons", copy and seize papers, objects, documents etc. Article 3 of the Classified Information Act, explicitly includes the Information Commissioner as a person with access to classified information without a prior permission. |
| South Africa | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Investigation proceedings of Regulator 81. [of the Protection of Personal Information Act, 2013] For the purposes of the investigation of a complaint the Regulator may— (a) summon and enforce the appearance of persons before the Regulator and compel them to give oral or written evidence on oath and to produce any records and things that the Regulator considers necessary to investigate the complaint, in the same manner and to the same extent as the High Court; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Regulator sees fit, whether or not it is or would be admissible in a court of law; (d) at any reasonable time, subject to section 81, enter and search any premises occupied by a responsible party; (e) conduct a private interview with any person in any premises entered under section 84 subject to section 82; and (f) otherwise carry out in those premises any inquiries that the Regulator sees fit in terms of section 82. | |
| South Korea | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Admin. Appeals Act 36(1): If the commission deems it necessary for review of a case, it may, ex officio or upon request by the party, conduct an examination on the evidence by the following means: 1. By requiring any of the parties concerned or interested persons (including public officials of the relevant administrative agencies; hereinafter the same shall apply) to appear in person before the commission to answer any question pertinent thereto; 2. By requiring the parties or interested persons to submit papers, ledgers, articles, or other evidence in their possession, and keeping them in custody; 3. By requiring a third person with special knowledge and experience to conduct expert appraisal; 4. By inquiring of the parties or interested persons, or investigating or inspecting papers, articles, etc. by entering a place deemed necessary, such as the place of address, residence, or business, of the parties concerned or interested persons. | |
| Sudan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 13. 1) For the purposes of the Commissioner performing his functions, he shall enjoy the following powers: (a) Access to periodic reports from the entities specified in this law upon his request, (b) The right to enter any public institution and inspect its records, papers any proof relating to the requested information, (c) Question any employee with the aim of accessing the requested information, (d) Question any person who has concealed, destroyed, falsified or altered information in a way that misrepresents it with the intention of evading submitting it to those requesting it. (2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (d) The power to enter and inspect, and its procedures, | Not entirely clear on power to obtain documents but benefit of doubt given. |
| Sweden | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | The Instrument of Government, Chapter 13, Article 6: "An Ombudsman has the right to access the records and other documents of courts of law and administrative authorities." The Act with Instructions for the Parliamentary Ombudsmen, Article 5: "Supervision is exercised by the Ombudsmen in reviewing complaints made by the public and through inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out." | |
| Thailand | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Section 13. Any person, who considers that a State agency fails to publish the information under section 7, fails to make the information available for public inspection under section 9, fails to provide him with the information under section 11, violates or fails to comply with this Act, or delays in performing its duties, or considers that he does not receive convenience without reasonable cause, is entitled to lodge a complaint with the Board, except where it is the case concerning the issuance of an order prohibiting the disclosure of information under section 15 or an order dismissing the objection under section 17 or an order refusing the correction, alteration or deletion of the personal information under section 25. In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days. Section 18. In the case where a State official issues an order prohibiting the disclosure of any information under section 14 or section 15 or dismissing the objection of the interested person under section 17, such person may appeal through the Board to the Information Disclosure Tribunal within fifteen days as from the date of the receipt of such order. | 32 and 33 - The law sets up both an Information Disclosure Tribunal and an Official Information Board. The OIA sets up the OIC as the oversight body to make sure state agencies complying with the law while the Information Disclosure Tribunals, set up in accordance with specialized fields of information, are empowered to make decisions on appeals against refusals to disclose information (Section 18). Appeals against non-compliance with the law (Section 13) can be lodged directly with the OIC, while appeals against non-disclosure (Section 18) are also filed through the OIC, which will then channel them to the different tribunals. The Board can summon persons or review documents. |
| Tunisia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Art. 38 - L’Instance est notamment chargée, de : - statuer sur les recours qui lui sont soumis en matière d’accès à l’information. Elle peut à cet effet et en cas de besoin, mener les investigations nécessaires sur place auprès de l’organisme concerné, accomplir toutes les procédures d’instruction et auditionner toute personne dont l’audition est jugée utile, | |
| Ukraine | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Law of the Ukrainian Parliament Commissioner for Human Rights, Article 13.1 The Commissioner has the right to: 4) visit, without hindrance, bodies of state power, bodies of local self-government, enterprises, institutions, organizations, irrespective of their forms of ownership, and be present at their sessions; 5) review documents, including those which contain classified information and obtain copies from bodies of state power, bodies of local self-government, associations of citizens, enterprises, institutions, organizations, irrespective of their forms of ownership, bodies of prosecution, including court cases. The access to classified information is provided according to procedure established by the relevant legislation; 6) demand from officials and officers of bodies of state power, bodies of local self-government, enterprises, institutions, organizations, irrespective of their forms of ownership, facilitation in conducting inspection regarding the activity of enterprises, institutions and organizations under their control and subordination, and ensure that experts participate in acts of inspection, providing their expertise and respective conclusions; | The analysis made in the Report of Directorate of Information Society DGI (2016) SASG/2016/07 on the Ukrainian state authorities system and weaknesses of existing institution. No power to compel witnesses to testify, though. |
| United Kingdom | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Section 55: "Schedule 3 (powers of entry and inspection) has effect." and the entire Schedule 3. | The inspection must be authorized by a judge (District or form the Magistrate´s Court). |
| Venezuela | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Ley Orgánica de la Defensoría del Pueblo 12. Deber de colaborar y de no obstaculizar. Todo funcionario o funcionaria o persona a quienes se refiere el artículo 7 de esta Ley, que sea requerida por la Defensoría del Pueblo, debe colaborar, auxiliar, facilitar y suministrar los informes, expedientes, documentos, informaciones y explicaciones solicitadas. Asimismo, se debe permitir el libre acceso a los funcionarios o funcionarias de la Defensoría del Pueblo a lugares y documentos para el cumplimiento de su misión. El incumplimiento a lo contenido en el presente artículo hará incurrir a la persona en las responsabilidades previstas en el Título IV de esta Ley. 15. Competencias de la Defensoría del Pueblo. En el cumplimiento de sus objetivos, la Defensoría del Pueblo tendrá las siguientes competencias: .... 8) Solicitar a las personas e instituciones indicadas en el artículo 7 de esta Ley, la información o documentación relacionada al ejercicio de sus funciones, sin que pueda oponérsele reserva alguna y, formular las recomendaciones y observaciones necesarias para el cumplimiento de sus objetivos. 9) Denunciar ante las autoridades correspondientes al funcionario o funcionaria o particular que incumpliere con su deber de colaboración preferente y urgente, en el suministro de información o documentación requerida en ejercicio de las competencias conferidas en el numeral 8 de este artículo o que de alguna manera obstaculizare el acceso a los lugares contemplados en el numeral 6 de este artículo. 66. Investigación. La Defensoría del Pueblo podrá iniciar y proseguir de oficio, o a petición de parte, las verificaciones e investigaciones necesarias para el esclarecimiento de los hechos, cuya competencia sea atribuida a esta institución, de acuerdo con lo consagrado en el artículo 15 de la presente Ley. Para tal fin, podrá comparecer, incluso sin previo aviso, a oficinas y locales, públicos y privados, para obtener los datos o informaciones necesarias, realizar entrevistas, estudiar expedientes, documentación, antecedentes y cualquier otro elemento que a su juicio sean útiles para la investigación. 67. Suministro de Información. A los efectos de lo establecido en el artículo 4 de la presente Ley, todos los organismos y personas a los que se refiere el artículo 7, y sus representantes, están obligados a permitir el acceso en forma preferente y urgente a la información y a la documentación contenida en informes, expedientes y documentos de cualquier índole, que le sea requerida por la Defensoría del Pueblo, así como al suministro de igual manera preferente y urgente de las copias que de los mismos sean solicitadas, sin que sea posible oponer reserva alguna. Cuando la Defensoría del Pueblo requiera información que por disposición legal deba mantenerse en reserva, tal información le será proporcionada sin dilaciones por el funcionario o la funcionaria que la posea, quedando la Defensoría del Pueblo obligada a mantener la misma reserva. No podrá, por consiguiente, difundirla o hacerla pública, sirviéndole únicamente como elemento para continuar la investigación que se esté desarrollando. | |
| Yemen | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 41: "For the purposes of the implementation of the Commissioner General of his functions, he has the following powers: A. Receive periodic reports from the parties specified in this Law, at his request. B. The right to enter any public institution and inspect its records, papers, and any related evidences related to required information. C. Investigation with any employee in isolation in order to reach the required information D. Over whoever has concealed or destroyed information or amended information contrary to its veracity for the purpose of evading its submission to the applicants. E. Request clarification in writing from the senior state officials such as ministers and the like on why they have concealed the information if this concealment is a result of orders from them directly. The Commissioner General in this case and if he is not convinced of all justifications offered has the right to submit the report to the House of Representatives to take appropriate action. F. Make decisions and recommendations to the authorities regarding the application of the provisions of this law." | Art 41 definitely grants inspection powers. It also implies the ability to review any document - this is a bit unclear due to translation issues, but it seems like they have this power. |
| Zambia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | HRC 17 (inspection), 18(2) (production of witnesses and documents) | |
| Antigua and Barbuda | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 44(1) In coming to a decision pursuant to section 42 or 43, the Commissioner shall have the power to conduct an investigation, including the issuing of orders requiring the production of evidence and compelling witnesses to testify. (2) The Commissioner may, during an investigation pursuant to subsection (1), examine any record to which this Act applies, and no such record may be withheld from the Commissioner on any grounds. | Art 44 - can review documents and compel witnesses, but no mention of inspecting premises. |
| Argentina | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | ARTÍCULO 24° — Competencias y funciones. Son competencias y funciones de la Agencia de Acceso a la Información Pública: m) Solicitar a los sujetos obligados expedientes, informes, documentos, antecedentes y cualquier otro elemento necesario a los efectos de ejercer su labor; | |
| Armenia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | HRD Law Article 24(1) In the course of examination or consideration of a complaint, the Defender shall, within the scope of his or her powers, be authorised to: (1) visit, in an unimpeded manner, any state or local self-government body or organisation, including military units, as well as places of deprivation of liberty; (2) request and receive from any state or local self-government body or an official thereof necessary materials, documents, information or clarifications relating to the complaint or to the issue being considered upon own initiative, as well as assistance during visits made to those institutions; (3) receive from the competent state or local self-government body or an official thereof, except for courts and judges, clarifications concerning issues arising in the course of consideration; (4) visit, in an unimpeded manner, the organisations referred to in Article 15 of this Law in the course of considerations initiated in cases of alleged violation of human rights and freedoms by these organisations, request and receive from competent bodies representing these organisations the necessary information, clarifications, materials and documents relating to the complaint or the issue. 3. Information containing state or other secret guarded by law may be made available, as prescribed by law, for familiarisation by the Defender or the person specifically authorised thereby for that purpose. | 'may' be given classified information; doesn't seem to have the power to order witnesses to appear |
| Bahamas | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Section 42. Commissioner’s powers generally to investigate. (1) In coming to a decision pursuant to section 40, 41 and 43, the Commissioner shall have the power to conduct a full investigation, including— (a) issuing orders requiring the production of evidence; (b) compelling witnesses to testify; (c) calling for and inspecting an exempt record however, he shall take such steps as are necessary or expedient to ensure that the record is inspected only by members of staff of the Commissioner acting in relation to the matter. (2) The Commissioner may, during an investigation, examine any record to which the Act applies so that no such record shall be withheld from the Commissioner on any grounds. | Doesn't seem to have powers to inspect. |
| Belize | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | SECTION 22 (1) A document is an exempt document if disclosure of the document under this Act would be contrary to the public interest for the reason that the disclosure- (a) would prejudice the security, defence or international relations of Belize; or (b) would divulge any information or matter communicated in confidence by or on be half of the Government of another country to the Government of Belize. (2) Where a Minister is satisfied that the disclosure under this Act of a document would be contrary to the public interest for a reason referred to in subsection (1), he may sign a certificate to that effect and such a certificate, so long as it remains in force, shall establish conclusively that the document is an exempt document referred to in subsection (1). (3) Where a Minister is satisfied as mentioned in subsection (2) by reason only of the matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) The responsible Minister may delegate his powers under this section to the principal officer of the Ministry or the prescribed authority, as the case may be. SECTION 23 (1) A document is an exempt document if it is- (a) a document that has been submitted to the Cabinet for its consideration or is proposed to be submitted; or (b) an official record of the Cabinet; or (c) a document that is a copy of, or of a part of, a document referred to in paragraph (a) or (b); or (d) a document the disclosure of which would involve disclosure of any deliberation or advice of the Cabinet, other than a document by which a decision of the Cabinet was officially published. (2) For the purposes of this Act, a certificate signed by the Secretary to the Cabinet or a person performing the duties of the Secretary, certifying that a document is one of a kind referred to in a paragraph of subsection (1), establishes conclusively that it is an exempt document of that kind. (3) Where a document is a document referred to in paragraph (1) (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) A reference in this section to the Cabinet shall be read as including a reference to a committee of the Gabinet. SECTION 42 For the purposes of performing his functions under this Act, the Ombudsman shall have the same powers as a Magistrate in respect of the attendance and examination of witnesses. | Ombudsman has the power to inspect most documents, except those subject to certificates under s 22 or 23. S 42 grants the ombudsman the same powers as a magistrate. |
| Brazil | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 35 Paragraph 1. The Commission for Reassessment of Information is hereby instituted and shall decide, at the level of the federal public administration, on the handling and classification of secretive information and will be entitled to: (...) | 35 Para 1 allows them to review classified documents. |
| Burkina Faso | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 54 : L’Autorité nationale d’accès à l’information publique est chargée de : décider du besoin, de la forme et du type d’investigation requis pour l’examen d’un recours ; - autoriser ou entreprendre toute action qu’elle juge nécessaire ou appropriée pour l’exécution de ses missions aux termes de la présente loi ; examiner la de communicabilité ou non de certaines informations ou documents administratifs | Seems to have somerelevant powers but they are not very clear. |
| Chile | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | ARTICLE 34. Para el ejercicio de sus atribuciones el Consejo podrá solicitar la colaboración de los distintos órganos del Estado. Podrá, asimismo, recibir todos los testimonios y obtener todas las informaciones y documentos necesarios para el examen de las situaciones comprendidas en el ámbito de su competencia. Igualmente, para el cumplimiento de sus fines, el Consejo podrá celebrar convenios con instituciones o corporaciones sin fines de lucro, para que éstas presten la asistencia profesional necesaria para ello. | Art 34 - the body can call witnesses and review documents, but cannot inspect premises. |
| Cook Islands | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 16. Evidence - (1) Subject to the provisions of this section and of section 17 of this Act, an Ombudsman may from time to time require any person who in his opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him any such information, and to produce any documents or papers or things which in the Ombudsman's opinion relate to any such matter as aforesaid and which may be in the possession or under the control of that person. This subsection shall apply whether or not the person is an officer, employee, or member of any Department or organisation, and whether or not such documents, papers, or things are in the custody or under the control of any Department or organisation. 24. Power of entry on premises - (1) For the purposes of this Act, but subject to the provisions of this section, the ombudsman may at any time enter upon any premises occupied by any of the Departments or organisations named or specified in the Schedule to this Act and inspect the premises and, subject to the provisions of sections 16 and 17 of this Act carry out therein any investigation that is within his jurisdiction. (2) Before entering upon any such premises an Ombudsman shall notify the Permanent Head of the Department or, as the case may require, the principal administrative officer of the organisation by which the premises are occupied. (3) The Minister of Justice may from time to time by notice to the Ombudsman exclude the application of subsection (1) of this section to any specified premises or class of premises, if he is satisfied that the exercise of the defence, or international relations of the Cook Islands, including the Cook islands relations with the Government of any other country or with any international organisation. | Ombudsman Act art 16 mentions reviewing classified docs but this is severly curtailed by s 17. Art 24 allows power of inspection. |
| El Salvador | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | ARTICLE 85 "El Instituto podrá adoptar las medidas cautelares que se estimen necesarias para asegurar la eficacia de la resolución que definitivamente se dicte, el buen fin del procedimiento, evitar el mantenimiento de los efectos de la infracción y las exigencias de los intereses generales en cualquier momento del procedimiento, mediante resolución motivada. En particular, podrá:(...) c. solicitar una copia de la información objeto de la apelación excepto si es de naturaleza reservada, la copia será resguardada de manera confidencial por el Instituto y devuelta al final del incidente de apelación." ARTICLE 93 La información confidencial que sea solicitada por el Instituto por estimarla indispensable para resolver el asunto, deberá ser mantenida con ese carácter y no estará disponible en el expediente. | 85 (c) and 93 seem to allow them to request info, but no other inspection powers. |
| Ethiopia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 33(1) In reviewing any appeal under sub-article 31(4) the Ombudsman may examine any record held by a public body, except documents subject to a certificate issued in accordance with Article 35 but, in doing so, shall ensure that any exempt information under this Proclamation is not disclosed." 25(1) The public relation officer may refuse a request for access to a record of the body or a request to conform the existence or non existence of any information if its disclosure would likely to jeopardize the economic interests or financial welfare of the nation or the ability of the government to mange the economy of the country. (2) The information referred to in sub-article (1) includes, without limiting the generality of that sub article, information about; a) a contemplated change in , or maintenance of, a policy substantially affecting the currency, coinage, legal tender, exchange rates or foreign investment; b) a contemplated change in or decision not to change; credit or interest rates, customs or excise duties, taxes or nay other source of revenue, the regulation or supervision of financial institutions, government borrowing, or the regulation of prices of goods or services, rents or wages, salaries or other incomes; or c) a contemplated sale or acquisition of immovable or movable property or a contemplated international trade agreement. (3) The information referred to in sub-article (2)(c) includes, without limiting the generality of that sub article, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body refereed to in article 2(4) of the definition of 'public body (4) unless the record consists information already publicly available or information about or owned by public body other than the public body to which the request is made, which has consented in writing to its disclosure to the requester, or information about results of any product or environmental testing or other investigations carried out by or on behalf of the public body the disclosure of which would reveal serious public safety or environmental risk, The public relation officer shall refuse access to a record if the record contains; a) trade secrets of the state or a public body; b) financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests of the state or a public body; c) information, the disclosure of which could reasonably be expected to prejudice a public body in commercial competition or to put a public body at a disadvantage in contractual or other negotiations. | 33(1) - can review most classified documents, but not those classified under s 35. Art 25 gives them the power to compel testimony and evidence. |
| Ghana | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 43(2) The Commission shall have the power to (f) require the production of information to which access has been refused on the basis of an exemption for the purpose of deciding whether it is an information exempt from disclosure; 44 To achieve its object, the Commission shall (a) issue written orders requesting for the production of information; (b) examine, reproduce, take extracts from or hold information for unlimited periods, including information found in any premises entered pursuant to an inspection conducted by the Commission in the performance of the monitoring function of the Commission; | Has the power to order production of information and compel witnesses but no reference to inspection |
| Guinea | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 47. La CAIP est chargée de veiller au respect et à l'application des dispositions de la présente Loi. Elle dispose d'un pouvoir d'injonction et de sanction en la matière. Elle est chargée de :- mettre en place le cadre institutionnel, juridique, règlementaire, organisationnel, et procédural de gestion de l'instance et des recours; - Statuer sur les recours qui lui sont soumis en matière d'accès à l'information. Elle peut à cet effet et en cas de besoin mener les investigations nécessaires sur place auprès de l'organisme concerné, accomplir toutes les procédures d'instruction et auditionner toute personne dont l'audition est jugée utile. - Porter à la connaissance des organismes concernés et des demandeurs d'accès à ces décisions des information mentionnées aux Articles 6, 7 et 8 de la présente loi; et ce, par auto saisine de la part de l'instance ou suite à des requêtes émanant d'un tiers ; - Rédiger un rapport annuel comprenant l'ensemble des informations et des données relatives à l'exercice du droit d'accès à l'information, ainsi que les propositions et recommandations d'amélioration en la matière. 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. | Not entirely clear that it has the power to review information during an investigation. |
| Honduras | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | ARTICULO 18. ACUERDO DE CLASIFICACION DE LA INFORMACION COMO RESERVADA. Para clasificar la información como reservada, en base a cualquiera de las causales enumeradas en el articulo anterior, el titular de cualquier órgano publico, deberá elevar la petición por medio de la instancia de máxima jerarquía de la institución a la cual pertenezca, quien de considerarlo pertinente, emitirá el respectivo acuerdo de clasificación de la información, debidamente motivado y sustentado. El titular respectivo debe remitir copia de la petición al Instituto de Acceso a la Información Publica. Cuando este considere que la información cuya clasificación se solicita no se encuentra en ninguno de los supuestos del articulo anterior, lo hará del conocimiento del superior respectivo y este denegara la solicitud del inferior. Si, contrariando esta opinión, se emitiere el acuerdo de clasificación, este será nulo de pleno derecho. | Article 18 implies the power to inspect documents, but this is not explicit. No mention of powers of inspection. |
| Iceland | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 16. [...] Governmental authorities are obliged to present the Committee with copies of the material to which an appeal relates. [...] | No mentioned of the power to inspect premises. |
| Indonesia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 27(1) To carry out its duties the Information Commission has the following authorities: (a) to summon and/or to arrange a meeting for the disputing parties; (b) to ask for the records or relevant materials that are in the possession of the relevant Public Agency to take a decision in the attempt to settle a public information dispute; (c) to ask for information or to ask the attendance of a Public Agency officer or a relevant party as witness in the settlement of a public information dispute; (d) To take the oath of the witnesses whose information is heard in the non-litigation adjudication of the settlement of a public information dispute; and (e) To develop a code of ethics that is announced to the public so that the public can evaluate the performance of the Information Commission. | 27(1) - can review documents, but cannot inspect premises. |
| Jamaica | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 32(7) The Appeal Tribunal may call for and inspect an exempt document, so however that, where it does so, it shall take such steps as are necessary to ensure that the document is inspected only by members of staff of the Appeal Tribunal acting in that capacity. | 32(7) - Can inspect documents, but no mention of premises. |
| Japan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 27 (The Review Board's Investigative Authority) (1) When it is deemed necessary, the Review Board may request the reference agency to present the administrative documents concerned with the disclosure decision, etc.. In this case, no one may request to the Review Board the disclosure of those administrative documents presented to the Review Board. (2) The reference agency shall not turn down a request made in accordance with the preceding paragraph. (3) When it is deemed necessary, the Review Board may request to the reference agency that it produce and submit to the Review Board materials classifying or arranging in a manner specified by the Review Board the contents of the information recorded in the administrative documents concerned with the disclosure decision, etc. (4) In addition to the provisions of the first paragraph and the preceding paragraph of this Article, the Review Board may, in relation to the matter concerned with an appeal, request the appellant, intervenor, or the reference agency (hereinafter referred to as "appellant, etc.") to submit written opinions or other materials, and may have persons deemed appropriate make statements about facts of which they have knowledge or request expert opinions or make any other necessary investigations. | Articles 27(1)-(4) of the old 1999 Act. These are now Articles 9(1)-(4) of the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board. |
| Kosovo | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Data Protection Law 29(2) The Agency shall in particular: (2.3) carry out inspections and audits. 46 The Agency may carry out inspections and audits on its own initiative to monitor the compliance with data protection rules. Within the framework of inspection powers the Agency shall: (1.1) monitor the legitimacy of data processing; (1.2) monitor the suitability of procedures and measures taken for the protection of personal data pursuant to this Law; (1.3) monitor the implementation of the provisions of this Law regulating the filing system catalogue, the register of filing systems and the recordings of the disclosures of personal data to recipients; (1.4) monitor the implementation of provisions regarding the transfer of personal data to other countries and international organizations. 48 In performing inspection and audits, the Supervisors shall be entitled: (1.1) to examine and confiscate any documentation relating to the processing of personal data, irrespective of their confidentiality or secrecy, and the transfer of personal data to other countries and international organizations as well as the disclosure to foreign recipients; (1.2) to examine the contents of filing systems, irrespective of their confidentiality or secrecy, and the filing system catalogues; (1.3) to examine and confiscate any documentation and instructions regulating the security of personal data; | The Agency has powers of inspection but its ability to review classified documentation is restricted to certain forms only, such as those documents that relate to the processing of personal data. |
| Liberia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 5.2: "Functions and Powers of Information Commissioner: Without limiting the generality of the provisions of Clause 5.1 above, the functions and powers of the Independent Information Commissioner shall include: a) To receive, hear and decide all complaints as well as mediate disputes arising under this Act. b) To compel witnesses and evidence for the purpose of deciding appeal or otherwise determining compliance with this Act. c) To review information held by public bodies and covered private entities and, in connection therewith, including procedures for the internal reviews provided in Section Chapter (6) of this Act as well as the fees charged by public bodies and entities for reproduction of requested information. d) To issue cease and desist orders and other recommendations to any or all of such public bodies and relevant private entities relative to implementation and compliance with this law. e) To investigate, monitor, and promote compliance with this Act, including collecting statistics associated therewith. f) To order any public body or private body concerned to release requested information should it find that the information or record is not one that is exempted by this Act. g) To train and build the capacity of personnel of public bodies and private entities concerned to ensure (1) proper interpretation and application of this Act and (2) that the handling of information requests is consistent across all government bodies. h) To consult with and provide support to Information Officers and other relevant officials of public bodies and private entities covered under this Act. i) To develop access guidelines and procedures. j) To develop public awareness strategies and information dissemination campaigns to educate the public about their rights under the Act, and promoting necessary compliance with this Act. k) To evaluate existing laws and regulations relating to access to information, and to make recommendations for reform and harmonization of the laws." | 5.2 - can compel witnesses and evidence, and seems to have the power to review any documents. No word on inspection powers. |
| Luxembourg | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | A11(2) Les organismes visés à l’article 1 er, paragraphe 1 er, qui sont mis en cause sont tenus de communiquer à la Commission d’accès aux documents, dans le délai prescrit par le président, tous les éléments de droit et de fait qui ont motivé leur décision de refus. | Public authorities have to show the legal and factual reasons for their refusals but no apparent power in the Commission to demand access to documents or to inspect. |
| Mexico | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 147. At all times, the Commissioners should have access to classified information to determine its nature as required. Access will be granted in accordance with the standards previously set by regulated entities to guard or safeguard information. | |
| Moldova | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Law on Parliamentary Advocates 24. When examining a complaint the Parliamentary Advocate has the right to: a) freely visit all the central and local public administration bodies, attend their sessions, including sessions of their collegiate bodies; b) freely visit institutions, organisations and enterprises, irrespective of type of ownership, military units, penitentiaries; c) require and obtain from central and local public administration bodies and officials data, documents and materials necessary for the examination of the complaint; d) receive explanations from officials regarding issues to be elucidated in the course of the complaint examination; e) delegate to the respective state agencies the performance of expert investigations and preparation of reports in issues needing elucidation in the course of complaint examination. | Not entirely clear he or she can access confidential information. |
| Niger | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 14: Ne sont communiqués qu’à la personne concernée, sauf dispositions légales contraires, les informations ou documents publics: dont la communication porterait atteinte à la protection de la vie privée, au secret médical et au secret en matière commerciale et industrielle ; portant une appréciation ou un jugement de valeur sur une personne physique, nommément désignée et facilement identifiable ; faisant apparaître le comportement d’une personne, dès lors que la divulgation de cette information pourrait lui porter préjudice. Les informations à caractère médical ne sont communiquées qu’à la personne concernée selon son choix, directement ou par l’intermédiaire d’un médecin qu’elle désigne à cet effet, dans le respect des dispositions du code de la santé publique. 15: Les administrations qui produisent ou détiennent des informations publiques tiennent à la disposition des usagers un répertoire des principaux documents dans lesquels elles figurent. | Article 14 grants power to compel testimony. Article 15 allows them to review nearly all classified documents. |
| Pakistan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (d) conduct inquires in relation to an appeal and for this purpose shall have the powers of a civil court in respect of the following matters:- (i) summoning and enforcing the attendance of witnesses and compelling them to give oral or written evidence on oath; and (ii) requiring public bodies to produce records as defined in section 6 pertaining to the appeal. | No inspection powers |
| Saint Kitts and Nevis | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 45 | Does not mention inspection |
| Seychelles | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 62(3) With respect to any matter before it, Information Commission has the power to - (a) summon witnesses, or any person where necessary; (b) summon expert witnesses where appropriate; (c) allow interested parties on application to join proceedings, (d) provide assistance to applicants where appropriate, (e) allow relevant persons to participate hearings; (f) compel any witness or evidence it considers necessary for the resolution of a matter; and (g) administer oaths and receive any such evidence it deems necessary under oath or on affidavit. | Can summon witnesses and information but not conduct inspections (apart from during an audit). |
| South Sudan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 44(1) and (2) - though inspection powers are not mentioned. | |
| Spain | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Artículo 38 (Funciones): 2. El Presidente del Consejo de Transparencia y Buen Gobierno ejercerá las siguientes funciones: c) Conocer de las reclamaciones que se presenten en aplicación del artículo 21 de esta Ley. d) Responder las consultas que, con carácter facultativo, le plantee los órganos encargados de tramitar y resolver las solicitudes de acceso a la información. | La ley no desarrolla los poderes y las facultades del Consejo de Transparencia. Se le otorga un punto por tener poder vinculante. |
| Sri Lanka | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Section 15. For the purpose of performing its duties and discharging of its functions under this Act, the Commission shall have the power- (a) to hold inquiries and require any person to appear before it; (b) to examine such person under oath or affirmation and require such person where necessary to produce any information which is in that persons possession, provided that the information which is exempted from disclosure under section 5 shall be examined in confidence; (c) to inspect any information held by a public authority, including any information denied by a public authority under the provisions of this Act; | No power of inspection |
| Switzerland | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 20 (Right to Information and Inspection): "1.Within the context of mediation proceedings, the Commissioner shall have access to official documents, even if same are subject to secrecy. 2. The Commissioner and his secretariat shall be subject to official secrecy to the same extent as the authorities whose official documents they inspect or from whom they obtain information." | The independent oversight body have access to official documents which are secret in order to resolve an appeal proceeding. |
| Togo | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 18 : (1) Le Médiateur de la République peut demander au ministre responsible ou à l'autorité compétente de lui communiquer tout document ou dossier concernant l'affaire à propos de laquelle il mène son enquête; (2) Le caractère secret ou confidentiel des pièces dont il demande communication ne peut lui être opposé, sauf en matière de secret concernant la défense nationale, la sùreté de l'Etat ou la politique extérieure. | Loi 2003-021. Only access to documents and even then a bit limited. |
| Trinidad and Tobago | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 97. (1) The Ombudsman shall have the powers of the High Court to summon witnesses to appear before him and LO compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the High Court. (2) The Ombudsman shall have power to enter and inspect the premises of any department of government or any authority to which section 93 applies, to call for, examine and where necessary retain any document kept on such premises and there to carry out any investigation in pursuance of his functions. | Constitution s. 97 gives them the same power as a Court, but s. 4(3) restricts Ombudsman's power to compel disclosure where this would violate other secrecy laws. This is further limited by 5(1). OA 7(9) allows inspection of premises. |
| Turkey | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | "The institutions are obliged to provide every kind of information and document that are required by the Board" No specific mention about their inspection powers (1 point loss). |
| Vanuatu | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 65. Powers in relation to appeals (1) The Information Commissioner may investigate a matter on appeal and may carry out any or all of the following: (a) summon any person or witness and compel them to give oral or written evidence on oath and to produce any record or information; (b) summon expert witnesses if appropriate; (c) allow interested parties on application to join proceedings; (d) provide assistance to applicants if appropriate; (e) allow relevant persons to participate in hearings through any medium they may choose or any medium that is appropriate to facilitate the investigation; (f) require the discovery and inspection of documents; (g) receive evidence by sworn statements; (h) requisition any public record or copies thereof from any Court or office; (i) receive any such evidence as he or she deems necessary under oath or on affidavit; (j) enter private premises after notifying the owner of his or her intention to do so; (k) require the production of records and information relevant to the requirements of this Act and to make and take copies of such records and information; (l) interview any person for the purposes of inspection; (m) exercise any other powers conferred to him or her under this Act or any other Act. (2) The Information Commissioner may, during an investigation, examine any record or information to which this Act applies, and no such record or information may be withdrawn from him or her on any grounds. | No inspection powers for government agencies. |
| Zimbabwe | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 8 Media Commission Act (1) The Commission may on its own motion, investigate or inquire into any action on the part of any person that constitutes, or is likely to result in, a violation of any of the rights protected under section 61 of the Constitution. (2) Any person who is aggrieved by any act in violation of any right protected under section 61 of the Constitution may make a written complaint to the Commission requesting it to investigate the act complained of. (3) A complaint in terms of this section may be brought by a legal representative, a family member or any other person who the Commission considers suitable so to do, acting on behalf of another person who for any reason is unable to do so in his or her own behalf. (4) The Commission shall not investigate, hear or inquire into any complaint— (a) unless the complaint is submitted to it within three years of the date the action complained of occurred: Provided that such investigation, hearing or inquiry shall not relate to any action that occurred before the date of commencement of this Act; or (b) where the action complained of is the subject of any court proceedings or of any investigation, hearing or inquiry by any other independent Commission. 10 Media Commission Act (1) Subject to subsection (7), the Commission may in its discretion conduct an investigation, hearing or inquiry in the form of public or closed proceedings. (2) The principal officer of any entity shall represent the entity in any dealings with the Commission. (3) For the purposes of any investigation, hearing or inquiry in terms of this Act, the powers, rights and privileges of members of the Commission shall be the same as those conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 18 of that Act shall apply, mutatis mutandis, in relation to an inquiry by the Commission under this Act and to a person summoned to give evidence or giving evidence at the inquiry. (4) The Commission may request the assistance of the police during an investigation, hearing or inquiry. (5) In the conduct of any investigation, hearing or inquiry, the Commission shall not be bound by the strict rules of evidence, and may ascertain any relevant fact by any means which it thinks fit subject to the rules of natural justice. (6) The Commission shall afford the person against whom a complaint has been made an adequate opportunity to respond to such allegations. (7) Subject to section 86 (1) and (2) of the Constitution, the Commission may, having regard to any special circumstances of the case based on the grounds of public interest, which grounds shall be recorded in writing, hold any inquiry or hearing in camera and any information disclosed in camera may only be disclosed to any person— (a) without disclosing the identity of any person who gave the information in camera for the purposes of the investigation, hearing or inquiry and for any report to be made thereon; or (b) for the purposes of any proceedings for perjury alleged to have been committed in the course of an investigation, hearing or inquiry. (8) The Minister may, at any stage during the investigation or hearing of or inquiry into a complaint by the Commission, produce to the Commission a certificate in writing signed by him or her to the effect that the disclosure of any information specified in the certificate is, in his or her opinion and subject to section 86(1) and (2) of the Constitution, contrary to the public interest on the grounds that it may prejudice the defence, external relations, internal security or economic interests of the state, whereupon the Commission shall make arrangements for any such information to be given in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of that information. (9) The complainant may, in accordance with the Administrative Justice Act [Chapter 10:28], appeal against a certificate issued in terms of subsection 8, and the court hearing the appeal shall treat any evidence or documentation subject to the certificate in the manner specified in section 8 of that Act. (10) The law relating to the competence or compellability of any person on the grounds of privilege to give evidence answer any questions or produce any record or document before the Commission shall apply. (11) Any member of the Commission or member of staff of the Commission who, without the authority of the Commission, discloses any information, evidence or documentation referred to in subsection (7) or (8), or makes any use of such information for his or her own benefit, shall be guilty of an offence and liable to a fine not exceeding level 12 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment | Does not seem to set out clearly the powers during an investigation; assuming similar powers would apply to access to information investigations but this is not actually provided for |
| Andorra | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Article 25 No supervisory functions or review of classified documents |
| Austria | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned | N/A |
| Azerbaijan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not clear from the Law on the Human Rights Commissioner. |
| Belgium | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Bolivia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | 222. The powers of the Office of the Public Defender, in addition to those established in the Constitution and the law, are the following: 3. To investigate, on its own or at the request of a party, the acts or omissions that imply violations of rights, individual and collective, that are established in the Constitution, laws and international instruments, and request that the Public Ministry initiate the corresponding legal actions. 4. To request information from the authorities and public servants with respect to the investigations that the Public Defender is carrying out, to which no objection may be posed. | Provisions from Constitution. Doesn't seem to have these powers. |
| Bulgaria | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No independent appeal |
| China | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Colombia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 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 independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Czech Republic | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Dominican Republic | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No administrative level of appeal |
| Ecuador | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Fiji | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Article 121(8) The authority, functions and responsibilities of the Commission shall be prescribed by written law, and a written law may make further provisions for the Commission. (9) A written law shall provide the Commission with the jurisdiction, authority and powers to receive and investigate complaints against permanent secretaries and all persons holding a public office. | Provisions from the Constitution. The law providing for this body has not yet been adopted. |
| Finland | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | [The Constitution of Finland] Article 111.The Chancellor of Justice and the Ombudsman have the right to receive from public authorities or others performing public duties the information needed for their supervision of legality. The Ombudsman has the right to attend these meetings and presentations. [Parliamentary Ombudsman Act] Article 5(1) The Ombudsman shall carry out the on-site inspections of public offices and institutions necessary to monitor matters within his or her remit. Specifically, the Ombudsman shall carry out inspections in prisons and other closed institutions to oversee the treatment of inmates, as well as in the various units of the Defence Forces and Finnish peacekeeping contingents to monitor the treatment of conscripts, other military personnel and peacekeepers. (2) In the context of an inspection, the Ombudsman and his or her representatives have the right of access to all premises and information systems of the public office or institution, as well as the right to have confidential discussions with the personnel of the office or institution and the inmates there. Article 6. The Ombudsman has the right to executive assistance free of charge from the authorities as he or she deems necessary, as well as the right to obtain the required copies or printouts of the documents and files of the authorities and other subjects. Article 7. The right of the Ombudsman to receive information necessary for his or her oversight of legality is regulated by Section 111 (1) of the Constitution. | The oversight bodies will not look into matters where an appeal in a court is still pending or the time for an appeal has not yet passed. |
| France | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Georgia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Germany | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Guatemala | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Guyana | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Iran | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Israel | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Italy | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Ivory Coast | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Decree 2014-462 of 6 August 2014, 41. La CAIDP a pour mission de veiller au respect et à l'application par les organismes publics, des dispositions de la loi relative à l'accès à l'information d’intérêt public. A ce titre, elle est chargée notamment : - de s'assurer du respect par les organismes publics, du droit des personnes d'accéder, sans discrimination, aux informations et aux documents d'intérêt public ; - de recevoir et d'examiner les recours formés contre les décisions des organismes publics en matière d’accès à l'information d’intérêt public ; - d’infliger à l’organisme public mis en cause, l’astreinte dans les conditions prévues à l’article 21 de la loi susvisée; - de s'assurer du respect par les organismes publics, de l’obligation de diffuser les informations d’intérêt public qu’ils détiennent ; - de s'assurer du respect par les organismes publics, du coût règlementaire de reproduction des documents d’intérêt public ; - de s'assurer de la conservation et de la gestion de leurs données par les organismes publics, de manière à favoriser l’exercice du droit des personnes d’accéder à l'information d'intérêt public ; - de s'assurer du respect par les organismes publics, de l’obligation de désigner, en leur sein, un responsable de l'information et de recevoir copie des délégations d’attribution le cas échéant ; - d'élaborer et de mettre en œuvre la stratégie de la CAIDP en matière de promotion du droit des personnes d’accéder à l'information et aux documents d’intérêt public ; - d’assurer le suivi de la mise en œuvre des politiques de promotion du droit d’accès à l'information d'intérêt public ; - de diffuser et de vulgariser les textes relatifs au droit d’accès à l'information d’intérêt public ; - de demander aux organismes publics la production d’un rapport annuel sur l’application de la loi, au premier trimestre de chaque année, avec indication du nombre de requêtes et de la suite qui leur a été donnée; - d'assister les organismes publics dans l’élaboration d’un guide d’accès à l'information et aux documents d’intérêt public et de s'assurer de leur diffusion au sein de ces organismes ; - d'évaluer l’effectivité du droit des personnes d’accéder à l'information d’intérêt public dans les organismes publics ; -de contribuer à la formation et au renforcement des capacités des responsables à l'information des organismes publics ; - de donner des avis et de faire des recommandations sur toutes questions relatives au droit d’accès à l'information d’intérêt public; - de suggérer des mesures législatives et règlementaires susceptibles de favoriser l’exercice du droit d’accès à l'information d'intérêt public ; - d’élaborer un rapport d'activités annuel. 31(3). Le Conseil peut en toutes hypothèses mettre en demeure les organisms publics concernés, de se conformer aux prescriptions légales. | No explicit mention of inspection powers or power to review classified documents. |
| Jordan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No mention of this power. |
| Kazakhstan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
| Latvia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Lebanon | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 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 independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not in law nor regulations (no appeals mentioned). |
| Lithuania | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Malta | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Art. 24. | Art. 24. The Commissioner has to determine whether the government has complied with the requirement of this act. |
| Monaco | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | A20, 22 of HRC Ordinance | Has the power to demand documents but these may be refused on broad grounds. |
| Montenegro | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned. | |
| Morocco | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned |
| Mozambique | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned |
| Netherlands | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | No oversight body listed. | |
| Nicaragua | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Nigeria | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| North Macedonia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Palau | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned | |
| Panama | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned. | |
| Paraguay | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Peru | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Philippines | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Poland | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | There is no independent oversight body. | |
| Portugal | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Qatar | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned | |
| Romania | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | No independent oversight body listed. | |
| San Marino | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 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. 1. The DGFP shall control, through the Internal and External Communication Service, the exact fulfilment of the obligations of publication provided for by article 31 of Law n.160/2011, by these regulations and by special laws as well as the compliance with the acts of address referred to in article 12, paragraphs 1 and 2 below by bodies, offices, services, companies and autonomous public bodies o the State; to this end, it exercises inspection powers through requests for news, information and documents and orders for the adoption of acts or measures or the removal of conduct or acts contrary to the rules on transparency. | The Directorate General of the Civil Service (DGFP) does not appear to constitute an independent oversight body but rather appears to be part of the administration. Moreever, the investigatory powers of the DGFP are not specified in the 2011 legislation that governs reactive disclosure. |
| Saudi Arabia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Slovakia | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Taiwan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned |
| Tajikistan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Tanzania | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Uganda | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| United States | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | |
| Uruguay | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned |
| Vietnam | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned |
