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 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 34(2) The Commission can obligate the institutions during the redressal of complaints to provide any information to the applicant based on the provision of the law. In case of delay in the implementation of the provision of the law, the Commission shall make necessary decision. 35(3) In cases of violations mentioned in Clause (1) of this article, which results in material and moral damage to the natural and legal persons should be compensated in accordance with the laws. | |
Antigua and Barbuda | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 43(1) Where Commissioner decides that a public authority has failed to comply with an obligation pursuant to Part II, the Commissioner may require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under Part II, including the following: (b) publishing the relevant information and categories of information; | |
Armenia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | HRD Law Article 26(2) In case of rendering the decision referred to in point 1 of paragraph 1 of this Article, the Defender shall suggest the state or local self-government body or the official thereof or the organisation, having committed the violation, to eliminate the violation within a reasonable time, indicating the necessary measures for restoration of the human rights and freedoms. | Powers of recommendation seem broad |
Australia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 55K Decision on IC review—decision of Information Commissioner (1) After undertaking an IC review, the Information Commissioner must make a decision in writing: (a) affirming the IC reviewable decision; or (b) varying the IC reviewable decision; or (c) setting aside the IC reviewable decision and making a decision in substitution for that decision. (2) For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision. (3) A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision. (...) | |
Azerbaijan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Law on the Human Rights Commissioner, Article 13 | Seems to have broad remedial powers. |
Bahamas | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Section 40. Decision on appeal. (1) The Commissioner shall, subject to subsection (3), decide an appeal under this Act as soon as is reasonably practicable, and in any case within thirty days, after giving both the appellant and the relevant public authority an opportunity to provide its views in writing. ... (4) In his decision pursuant to subsection (1), the Commissioner may— (a) reject the appeal; (b) require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under the Act; (c) in cases of egregious or wilful failure to comply with an obligation under this Act, refer the matter to the appropriate disciplinary authority. | |
Bangladesh | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 25(11)(a)(i) At the time of taking decision under this section, the Information Commission shall have the following powers namely: to direct the authority or, as the case may be, the officer-in-charge to take the following steps which are necessary to take under the provisions of this Act, namely: "to provide the requested in formation in a specific manner;" | |
Brazil | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 37 Paragraph 4. In case the appeal provided for in the caption of this article and in the paragraphs 1 to 3 is denied, the petitioner is entitled to file an appeal to the Mixed Committee for the Reassessment of Information within ten days to be counted from the date he/she was notified of the said decision. | The Reevaluation Commission has the power to declassify information (Article 37, Fourth Paragraph of the Decree). |
Canada | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 37(1) If, on investigating a complaint in respect of a record under this Act, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution that has control of the record with a report containing (a) the findings of the investigation and any recommendations that the Commissioner considers appropriate; and (b) where appropriate, a request that, within a time specified in the report, notice be given to the Commissioner of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken. (2) The Information Commissioner shall, after investigating a complaint under this Act, report to the complainant and any third party that was entitled under subsection 35(2) to make and that made representations to the Commissioner in respect of the complaint the results of the investigation, but where a notice has been requested under paragraph (1)(b) no report shall be made under this subsection until the expiration of the time within which the notice is to be given to the Commissioner. (3) Where a notice has been requested under paragraph (1)(b) but no such notice is received by the Commissioner within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Commissioner shall so advise the complainant in his report under subsection (2) and may include in the report such comments on the matter as he thinks fit. (4) Where, pursuant to a request under paragraph (1)(b), the head of a government institution gives notice to the Information Commissioner that access to a record or a part thereof will be given to a complainant, the head of the institution shall give the complainant access to the record or part thereof (a) forthwith on giving the notice if no notice is given to a third party under paragraph 29(1)(b) in the matter; or (b) forthwith on completion of twenty days after notice is given to a third party under paragraph 29(1)(b), if that notice is given, unless a review of the matter is requested under section 44. (5) Where, following the investigation of a complaint relating to a refusal to give access to a record requested under this Act or a part thereof, the head of a government institution does not give notice to the Information Commissioner that access to the record will be given, the Information Commissioner shall inform the complainant that the complainant has the right to apply to the Court for a review of the matter investigated. | 37 - Can recommend disclosure. 37(1)(a) allows recommendations considered appropriate. |
Chile | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | ARTICLE 26. Cuando la resolución del Consejo que falle el reclamo declare que la información que lo motivó es secreta o reservada, también tendrán dicho carácter los escritos, documentos y actuaciones que hayan servido de base para su pronunciamiento. En caso contrario, la información y dichos antecedentes y actuaciones serán públicos. En la situación prevista en el inciso precedente, el reclamante podrá acceder a la información una vez que quede ejecutoriada la resolución que así lo declare. | Art 26 - can declassify info |
Cyprus | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | "Article 44 (Issuance of Commissioner Decision) 44 (3) Σε περίπτωση που ο Επίτροπος αποφασίζει ότι δημόσια αρχή- (α) Δεν έχει παράσχει πληροφορίες ή δεν παρείχε επιβεβαίωση ή άρνηση κατοχής πληροφοριών ενώ όφειλε να το είχε πράξει δυνάμει των διατάξεων του εδαφίου (1) του άρθρου 8· ή (β) δεν έχει συμμορφωθεί με οποιεσδήποτε από τις προϋποθέσεις των διατάξεων των άρθρων 9, 13 και 19, στην απόφασή του καθορίζει τα μέτρα που πρέπει να λάβει η δημόσια αρχή για να συμμορφωθεί με τις πιο πάνω απαιτήσεις και τη χρονική περίοδο εντός της οποίας πρέπει να ληφθούν τα μέτρα αυτά καθώς και λεπτομέρειες για το δικαίωμα ένστασης που προβλέπεται στο εδάφιο (2) του άρθρου 45." | |
El Salvador | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | ARTICLE 96 El pleno resolverá, en definitiva, dentro de los tres días hábiles siguientes a la celebración de la audiencia. Las resoluciones del pleno serán públicas. Las resoluciones definitivas del Instituto podrán: a. Desestimar el recurso por improcedente o sobreseerlo. b. Confirmar la decisión impugnada del Oficial de Información. c. Confirmar la inexistencia de la información pública solicitada. d. Revocar o modificar las decisiones del Oficial de Información y ordenar a la dependencia o entidad que permita al particular el acceso a la información solicitada o a los datos personales, que reclasifique la información, o bien, que modifique tales datos. e. Establecer sanciones o requerir el trámite de imposición de las mismas a las autoridades respectivas. Las resoluciones deberán ser emitidas por escrito, establecerán los plazos para su cumplimiento y los procedimientos para asegurar su ejecución. La resolución definitiva que emita el Instituto tendrá fuerza ejecutiva. | |
Ethiopia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 33(3) The ombudsman shall have the power to reject any appeal, or to order any public body to provide the requested information or to take such other action as is appropriate to ensure that the public body meets its obligations under this Proclamation. | |
Finland | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | [Parliamentary Ombudsman Act] Article 11(1) In a matter within the Ombudsman\'s remit, he or she may issue a recommendation to the competent authority that an error be redressed or a shortcoming rectified. (2) In the performance of his or her duties, the Ombudsman may draw the attention of the Government or another body responsible for legislative drafting to defects in legislation or official regulations, as well as make recommendations concerning the development of these and the elimination of the defects. | |
Gambia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (a) affirming the decision of the information holder; (b) varying the type of access originally granted or requested; (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration; and (f) imposing a contempt order, a cost order, or a summary order or any other order it considers just and equitable. (2) The Commission may issue such directives it deems necessary to enforce its decisions. | |
Ghana | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 71(2) A decision of the Commission may include (a) an affirmation of the decision of the information holder; (b) a variation of the type of access originally granted or requested; (c) setting aside the decision of the public institution or relevant private body; (d) making a ruling; (e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act; (f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act; (g) mandating negotiation, conciliation and arbitration for the purpose of the resolution of a complaint; or (h) any other summary order it considers just and equitable. | Fairly broad array of remedies including other orders "it considers just and equitable" |
Honduras | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | ARTICULO 18. ACUERDO DE CLASIFICACION DE LA INFORMACION COMO RESERVADA. Para clasificar la información como reservada, en base a cualquiera de las causales enumeradas en el articulo anterior, el titular de cualquier órgano publico, deberá elevar la petición por medio de la instancia de máxima jerarquía de la institución a la cual pertenezca, quien de considerarlo pertinente, emitirá el respectivo acuerdo de clasificación de la información, debidamente motivado y sustentado. El titular respectivo debe remitir copia de la petición al Instituto de Acceso a la Información Publica. Cuando este considere que la información cuya clasificación se solicita no se encuentra en ninguno de los supuestos del articulo anterior, lo hará del conocimiento del superior respectivo y este denegara la solicitud del inferior. Si, contrariando esta opinión, se emitiere el acuerdo de clasificación, este será nulo de pleno derecho. | Article 18 - info cannot be classified without the oversight body's approval. |
Iceland | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 17. [...] If the Committee has approved the request for accessing the material, the government authority shall grant access to it as soon as the ruling has been announced, unless a deferring of its legal effect has been demanded, pursuant to Art. 18. [...] | Information Commission can order document to be released. |
India | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 19(8)(a) 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; [...] | |
Indonesia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 46(2) The decision of the Information Commission on the main objections as referred to in Article 35 paragraph (1) letter b up to letter g, contains any of the following instructions: (a) to instruct the Information Management and Documentation Officer to carry out his/her obligations as provided in this Law; (b) to instruct the Public Agency to fulfill its obligation within the specified period to provide the information as regulated n this Law; or (c) to affirm the consideration of the supervisor of the Public Agency or to determine the cost for tracking down and/or duplicating the information. | |
Ireland | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 44(1) The Commissioner shall keep the operation of this Act under review and may, subject to subsection (2), carry out an investigation at any time into the practices and procedures adopted by public bodies generally or any particular public body or public bodies for the purposes of compliance with - (a) the provisions of this Act generally, (b) any particular provisions of this Act. 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 a public 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. | These articles seems to give the Commissioner broad powers. |
Japan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 18(ii) When, by a determination or decision, the Disclosure Decision, etc. (excluding the decisions to the effect of disclosing all the Administrative Documents pertaining to a Disclosure Request; hereinafter the same shall apply in this item and in Article 20.) pertaining to the objection is rescinded or altered, and all the Administrative Documents pertaining to the objection are to be disclosed; provided, however, that this shall exclude the cases in which a Written Opposition Opinion regarding the Disclosure Decision, etc. has been submitted. | |
Kenya | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 23(2) The Commission may, if satisfied that there has been an infringement of the provisions of this Act, order - (a) the release of any information withheld unlawfully; (b) a recommendation for the payment of compensation; or (c) any other lawful remedy or redress. | |
Kosovo | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 20(4) The Agency can fully approve the complaint and modify the decision of the public institution in such a way as to grant the applicant full access to all public documents requested, in accordance with the provisions of this Law. (5) The Agency may partially approve the complaint and modify the decision of the public institution in such a way as to allow the applicant partial access to public documents requested, in accordance with the provisions of this Law. (7) The Agency may refuse the complaint and uphold the decision of the public institution on refusal or partial approval of access to public documents. | |
Liberia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 5.2(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." | |
Maldives | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 61(a) Having examined a lodged appeal or complaint under this Act, the Information Commissioner, can settled the matter in the following ways: (1) That the complaint or appeal is of no substantial basis; (2) To order a specific State Institute to disclose a specific piece of information; (3) To order a specific State Institute to release a specific piece of information; (4) To order to release a specific piece of information in the format requested by the person who made the request; (5) To order the release of a specific piece of information requested by a specific person, in a reasonable format other than that requested by the applicant; (6) To determine that the decision reached by a specific State Institute in relation to a complaint submitted is correct; (7) To order the dissemination of a specific piece of information or a specific class of information; | |
Mexico | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 41.The Institute, in addition to that stated in the Federal Act and the following article, shall have the following powers: (III). Hear and resolve the appeals for reconsideration brought by individuals, against the resolutions issued by the Guarantor Agencies of the States that determine the reserve, confidentiality, lack or refusal of information in terms of the provisions of Chapter II, Title VIII of this Act Article 101. Documents classified as privileged will be public when: (IV). The Transparency Committee considers appropriate to declassify it in accordance with the provisions of this Title. Article 103. In cases where access to information is denied for any of the cases regarding classification, the Transparency Committee shall confirm, modify or revoke the decision. | |
Mongolia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Human Rights Commission Act 19.1. Commissioners shall issue demands and/or make recommendations during the course of exercise of his/her powers. Human Rights Commission Act 19.5. Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organisations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations. | HR Commission can go to Court to complain, but not quite the same as having its own powers |
Namibia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 9(1) The powers of the Information Commissioner include - … (f) requiring a public entity to take such steps as may be necessary to ensure compliance with its obligations in terms of this Act;… (2) In exercising his or her powers, the Information Commissioner has the following functions -...(d) to issue such orders in matters before him or her as he or she considers appropriate... 54(1) The Information Commissioner must, within 14 days of receipt of the appeal under section 53, consider the appeal, and he or she must - (a) accept the appeal and set aside the decision; (b) vary the decision or the type of access granted; or (c) refuse the appeal and confirm the decision, and must notify the requester or third party in writing. (2) If the Information Commissioner decides to grant access to information the notice to the requester must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester or third party may apply to the High Court for review under section 55 against the decision or any order in respect of the reproduction fee, translation fee or transcription fee payable or the form of access and the process for lodging the appeal. (3) Subject to subsection (4), if the Information Commissioner has given notice to the requester that access to information has been granted, the Information Commissioner must immediately give the requester actual access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (4) If the Information Commissioner has on appeal decided to release information containing third party information - (a) the requester may not be granted actual access to the information until such time - (i) any right of the third party to judicial review under section 55 against the decision to release the information has expired; or (ii) any judicial review lodged by the third party has been determined; and (b) the notice to the third party referred to in subsection (1) must state - (i) the reasons for the decision; (ii) that the third party may apply to the High Court in accordance with section 55 for a review of the decision; and (iii) the procedure for lodging the review. (5) If the Information Commissioner has on appeal refused to grant access to information the notice to the requester must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Commissioner; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may apply to the High Court under section 55 for a review of the decision. | Could be stated slightly more clearly but enough for 2 points. |
Nepal | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 10(3) In the course of proceeding and deciding the appeal pursuant to Sub- Section (2), the Commission may do as following: (a) May order the concerned Chief to provide information, within a given time, to the appellant without fee, if appeal is found reasonable. (b) May dismiss the appeal if it is found not reasonable. 33. Compensation: (1) If person incur losses and damages due to not providing information, denying to provide information, providing partial or wrong information or destroying the information by the Chief or Information Officer of Public Body, such person may file a petition before the Commission for compensation within three months from the date of not acquiring information, acquiring partial or wrong information or restriction of the information. (2) If the application pursuant to Sub-Section (1) is found reasonable upon the investigation, the Commission may compensate the applicant from the concerned Body with reasonable amount upon considering the actual loses. | |
Norway | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. 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, in 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. |
Pakistan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 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- (e) order a public body to disclose information to an applicant or to take such other reasonable measures as it may deem necessary to remedy any failure to implement the provisions of this Act. | |
Panama | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Artículo 41. Cuando se compruebe que el servidor público incurrió en el incumplimiento sobre el derecho de acceso a la información y de las disposiciones de la Ley de Transparencia, la Autoridad mediante resolución motivada ordenará el cumplimiento de las disposiciones correspondientes y podrá aplicar las sanciones previstas en esta Ley al funcionario responsable" | This isn't explicitly mentioned, but is likely implicit in the power of the oversight body to levy fines as a mechanism of compliance. |
Saint Kitts and Nevis | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 43(4) | |
Serbia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 25. Paragraph 1: "Upon receipt of a request or ex officio, the Commissioner shall reach the decision establishing that a public authority has not fulfilled its obligations set forth in this Law, with the exception of public authorities referred to in Para 2 of Article 22 of this Law, and order the measures the authority is to take to fulfil them, upon giving the opportunity to the authority to reply in writing." | The commissioner can order the measures to take by the authority in order to fulfill the requests of information. |
Seychelles | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 63(1) The Information Commission may, on conclusion of the appeal proceedings before it, issue orders or recommendations on any matter before it, including— (a) affirming the decision of the information holder, (b) varying the type of access originally granted or requested; - (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration, pursuant to section 48(2)(a); | |
Sierra Leone | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 32(4) The Commission may, if satisfied that there has been an infringement of the provisions of this Act, order (a) the release of any unlawfully withheld information; (b) the payment of compensation; or (c) any other lawful remedy or redress. | |
Slovenia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Comment of the IC: The Commissioner has full powers to order the release of the information to the requester; according to the General Administrative Act the second instance body may abolish the first instance decision and decides upon the request itself. The power to order declassification of information is vested in the Commissioner with Access to Public Information Act; the requester may demand declassification in accordance with Art. 6/4. Art. 21/4 further provides that the appeal is possible before the Commissioner. | |
South Africa | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice- (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by- (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator. 77K Non-compliance with Enforcement Notice An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment. | |
South Korea | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Admin. Appeals Act 43(1): If an appeal is unlawful, the relevant commission shall dismiss it. (2) If the commission finds that an appeal is groundless, it shall dismiss the appeal. (3) If the commission finds that an appeal for revocation is well-grounded, it shall revoke the disposition, or modify the disposition into another one, or order the appellee to replace the disposition with another one. (4) If the commission finds that an appeal for affirmation of nullity, etc. is well-grounded, it shall affirm as to whether a disposition is effective, or whether a disposition has been made. (5) If the commission finds that an appeal for performance of obligation is well-grounded, it shall issue a disposition following the request or shall order the appellee to do so. 59(1) In review of, and ruling on, an appeal, if the Central Administrative Appeals Commission deems that an order, etc. (referring to Presidential Decree, Ordinance of the Prime Minister or any of the Ministries, directives, established rules, notifications, municipal ordinances, municipal rules, etc.; hereinafter the same shall apply), which constitute grounds for a disposition or omission, is substantially unjust due to the absence of a statutory basis, confliction with superior legislation, excessive burden to the citizens, or other similar reasons, it may request the relevant administrative agency to take a proper corrective measure, including amendment or repeal of such order. | Appears to have broad powers but exact scope not clear. |
South Sudan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 42(4) is quite broad here, as is 43(2). | |
Sri Lanka | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Section 15. For the purpose of performing its duties and discharging of its functions under this Act, the Commission shall have the power- … (d) to direct a public authority to provide information, in a particular form; (e) to direct a public authority to publish any information withheld by a public authority from the public, subject to the provisions of section 5; ... and (g) to direct a public authority or any relevant information officer of the authority to reimburse fees charged from a citizen due to any information requested for not been provided in time. | |
Togo | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Article 10 : (1) Lorsqu'une réclamation lui paraît justifiée, le Médiateur de la République fait toutes les recommendations de nature à régler les difficultés dont il est saisie et, notamment, recommande à l'organisme mis en cause toute solution permettant de régler en équite la situation de l'auteur de la réclamation. | Loi 2003-021. |
United Kingdom | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Section 50 /Section 60. | Add reviewer comments. |
Vanuatu | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 68. In deciding an appeal, the Information Commissioner may: (a) reject the appeal and confirm the decision made by the Right to Information Officer of the Government agency or relevant private entity or private entity; or (b) vary the type of information originally granted or requested; or (c) vary the method in which the information is to be accessed or granted; or (d) set aside the decision of a Right to Information Officer and make a new decision; or (e) require the Government agency, relevant private entity or private entity to take such steps as may be necessary to bring it into compliance with its obligations under the Act, including: (i) appointing a Right to Information Officer; or (ii) publishing certain information or categories of information; or (iii) making certain changes to its practices in relation to the keeping, management and destruction of records, or the transfer of records to the National Archives; or (iv) complying with the Deposit of Books Act [CAP 88]; or (v) enhancing the provision of training on the right to information for its officers; or (vi) providing him or her with a report. | - |
Yemen | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 31: "The office has to answer to the complaint within a period not exceeding thirty days from the date of its submission to him and the Office must immediately after receiving the complaint send a letter to the employee in charge in the party that has rejected the request for access to information, in which he will be informed of his complaint and will get a copy of the reasons that the employee in charge has identified for refusal. And the Commissioner General who acts as an arbitrator has to decide independently whether a refusal to disclose legal, or not shall be taken and then bind the party of the necessity of meeting the demand within seven days of the issuance of his decision." | Art 31 gives them the power to order disclosure. |
Zambia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | HRC Act 21(1)(b) (recommendations as they see fit); 21(2)(d) (any recommendation to remedy the violation) | |
Albania | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 24(5) The Freedom of Information and Protection of Personal Data Commissioner decides: (b) acceptance of the appeal and ordering the public authority to provided the required information, in full or in part. | |
Belize | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | SECTION 40 (1) Where there are proceedings betore the ombudsman under this Act in relation to a document that is claimed to be an exempt document, and the Omhudsman is not satisfied, by evidence on affidavit or otherwise that the document is an exempt document, he may require the document to be produced for inspection by him only and if, upon the inspection, he is satisfied that the document is an exempt document, he shall return the document to the person by whom it was produced without permitting any other person to have access to the document or disclosing the contents of the document to any other person. (2) The Ombudsman may require the production, for inspection by him only, of an exempt document for the purposes of determining whether it is practicable for a Ministry or prescribed authority to grant access to a copy of the document with such deletions as to make the copy not an exempt document and, where an exempt document is produced by reason of such a requirement, he shall return the document to the person hy whom it was produced without permitting any other person to have access to the document, or disclosing the contents of the document to any other person. (3) Notwithstanding subsections (1) and (2) but subject to subsection (4), the Ombudsman is not empowered in any proceedings to require the production of a document in respect of which there is in force a certificate under section 22 or 23. (4) Where a certificate of a kind referred to in subsection (3) identifies a part or parts of the document concerned in the manner provided in section 22 (3) or 23 (3), subsection (3) of this section does not prevent the Ombudsman from requiring the production, in proceeding before him under this Act in relation to the document,of a copy of so much of the document as is not included in the part or parts so identified. | Power to declassify some information, not all information. |
Benin | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 106: Dans le cas d’une décision d’infirmation, la Haute Autorité de l’Audiovisuel et de la Communication adresse, à l’agent ou au responsable de l’institution publique concernée, un courrier dans lequel elle lui demande de satisfaire le demandeur dans les délais fixés par elle. Une copie du courrier est remise au demandeur. | Can order disclosure but doesn't seem to have any other remedies. |
Cook Islands | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | N/A | Ombudsman's website says they can recommend the decision be reconsidered. |
Croatia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Art.16.1.:The information holder as referred to in Article 15 paragraph 2 item 1 of this Law (deals with information classified in line with act dealing with data secrecy), upon the earlier acquired consent of the Office of the National Security Council, is bound to, prior to reaching a decision, conduct the Proportionality Test and the Public Interest Test. Art.16.2. When conducting the Proportionality Test and the Public Interest Test the public authority body shall be bound to determine whether access to information may be restricted in order to protect some of the interests referred to in Article 15 paragraphs 2, 3 and 4 of this Law (including clasiffied information), whether granting access to requested information in each individual case would seriously damage these interests and whether the need to protect the right to restrictions prevails over the public interest. If the public interest prevails over the damage caused to protected interests, the information shall be made available. | If public interest prevails, even classified documents will be made public. However, in it's recent decision the High Administrative Court stated that the Information Commissioner does not have the authority to declassify information, or to be more precise - to order the public authority body to make a classified information publicly available because public interest in this individual case prevails. A Constitutional Appeal has been placed before the Constitutional Court, but there are no deadlines for a decision. Legal framework is adequate, but the practice of administrative courts and the Constitutional Court simply means access to information is not granted in all cases with classified documents in which public interest prevails. |
Denmark | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Danish Ombudsman Act, Article 22: "The Ombudsman may express criticism, make recommendations and other-wise state his views of a case". | |
Estonia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 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] | The power of declassifiying information is not mentioned |
Guinea | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 39. En cas de refus de la demande par le chef de l'organisme concerné ou en cas de défaut de réponse de sa part à l'expiration du délai de dix (10) jours à compter de la date de réception de la demande de révision, le demandeur d'accès peut interjeter appel devant l'instance d'accès à l'information mentionnée à l'article 46 de la présente loi, et ce, dans un délai ne dépassant pas les vingt (20) jours à compter de la réception de la décision du refus du chef de l'organisme ou de la date du refus tacite. L'instance statue sur le recours dans un délai ne dépassant pas les quarante-cinq (45) jours à compter de la réception de la demande de recours. La décision d'instance est exécutoire pour l'organisme concerné. | Declassification is not mentioned but somewhat implied because decisions are binding |
Guyana | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 7. The Commissioner of Information has the power to - (a) require a public authority to take any 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 publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. | Section 7 - this appears to be the case, but again, they're not a full appeals body. |
Hungary | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 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. | |
Ivory Coast | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Decree 2014-462 of 6 August 2014, 31(3). Le Conseil peut en toutes hypothèses mettre en demeure les organisms publics concernés, de se conformer aux prescriptions légales. | |
Jordan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | N/A | Again, not clear. |
Kyrgyzstan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Not mentioned. | Not very clear. |
Lebanon | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Article 23: The body’s decisions: A – The administrative body shall, within two months of the submission of the complaint, issue a binding decision either approving the delivery of the document or denying it. It shall immediately convey said decision to the administration concerned. B – The body’s decisions shall be appealable before the State Shura Council, which shall apply summary procedures in this regard. | Refers to giving access to the document, but not to other remedies. |
Luxembourg | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | A10 (3) Lorsque la Commission d’accès aux documents est d’avis que le document sollicité est communicable, et si l’organisme décide de suivre l’avis de la Commission d’accès aux documents, il est tenu de communiquer le document demandé dans un délai d’un mois à partir de la réception de l’avis de la Commission d’accès aux documents. En cas d’absence de communication du document sollicité dans le délai d’un mois, l’organisme est réputé avoir rejeté la demande. Ce refus est susceptible d’un recours en réformation à introduire dans un délai de trois mois devant le Tribunal administratif. (4) Lorsque la Commission d’accès aux documents est d’avis que le document sollicité n’est pas communicable, l’organisme est tenu de confirmer son refus de communiquer le document dans le délai d’un mois à partir de la réception de l’avis de la Commission d’accès aux documents. Le délai du recours en réformation commence à courir à partir de la notification de la décision de confirmation du refus par l’organisme. Lorsque l’organisme ne prend pas de décision de confirmation du refus, le délai du recours en réformation commence à courir à l’expiration du délai d’un mois à partir de la date de la réception de l’avis de la Commission d’accès aux documents. | The only power mentioned is to recommend disclosure. |
Malawi | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 46. (1) Where the commission finds that a person is entitled to access the information requested, it shall immediately provide the head of the head of the information holder concerned with a report containing - (a) the findings of the review and the determinations made by the Commission; and (b) a direction that notice be given, within the time specified in the report, to the Commission of all actions taken to implement the determinations in the report. (2) Where the Commission finds that the applicant is not entitled to access the information requested, the Commission shall, within seven working days from the date of making the determination, inform the applicant of - (a) the decision in writing stating the reasons thereof; and (b) the right to apply to Court for a review of the determination. (3) The Commission shall give a copy of the decision made under - (a) subsection (1)(a), to the applicant and any third party that made representations to the Commission in the course of the proceedings; and (b) subsection (1)(b), to the head of the information holder concerned. 47. The Commission shall, within thirty working days from the date the determination is made, inform the applicant and any third party of whether the information holder concerned has taken action to comply with the determinations of the Commission. | Only refers to idea of disclosure of the information. |
Malta | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Art. 26. "(1) A decision or enforcement notice issued by the Commissioner in respect of the disclosure of a document shall not have effect if the Prime Minister certifies to the Commissioner that, in his opinion, the document is an exempt document in terms of any of the provisions of Part V. (2) A certificate under this article shall contain a statement by the Prime Minister of the reasons for his opinion, except in so far as this would involve the disclosure of matter that is exempt matter in terms of the provisions of Part V. (3) Where the Prime Minister issues a certificate under this article, he shall as soon as practicable thereafter lay a copy of it before the House of Representatives. (4) Where the Commissioner receives a certificate under this article in respect of a decision not ice, he shall inform the applicant accordingly." | The commissioner can enforce the publication of information but can't review classified documents. In fact the Prime Minister can revoke a commissioner decision. |
New Zealand | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 30 Procedure after investigation (1) Where, after making an investigation of a complaint made under section 28, an Ombudsman is of the opinion— (a) that the request made in accordance with section 12 should not have been refused; or (b) that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies, the Ombudsman shall, subject to subsection (3) of this section, (c) report his opinion and his reasons therefor to the appropriate department or Minister of the Crown or organisation; and (d) subject to section 31, make such recommendations as he thinks fit; and (e) give to the complainant (i) a copy of his recommendations (if any); and (ii) such other information as he thinks proper. (2) The Ombudsman shall also (a) in the case of an investigation relating to a department or organisation named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975, send a copy of his report and recommendations to the Minister concerned; and (b) in the case of an organisation named in Schedule 1, send a copy of his report and recommendations to such Minister of the Crown as he considers appropriate. (3) Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard. (4) Except as provided in subsection (1), nothing in section 22 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and reviewed under section 28(1) or section 28(2) of this Act. 32 Recommendations made to department or Minister of the Crown or organisation (1) Where a recommendation is made under section 30(1) to a department or to an organisation named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975, (a) a public duty to observe that recommendation shall be imposed on that department or organisation from the commencement of the 21st working day after the day on which that recommendation is made to the department or organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and (b) the public duty imposed by paragraph (a) shall be imposed not only on the department or organisation itself but also on (i) the members of the organisation; and (ii) every officer and employee of that department or organisation to whom that recommendation is applicable; and (iii) every body within that department or organisation to whom that recommendation is applicable; and (iv) every statutory officer to whom that recommendation is applicable. (2) Where a recommendation is made under section 30(1) to a Minister of the Crown, a public duty to observe that recommendation shall be imposed on that Minister from the commencement of the 21st working day after the day on which that recommendation is made to that Minister unless, before that day, the Governor-General, by Order in Council, otherwise directs. (3) Where a recommendation is made under section 30(1) to an organisation named in Schedule 1, (a) a public duty to observe that recommendation shall be imposed on that organisation from the commencement of the 21st working day after the day on which that recommendation is made to that organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and (b) the public duty imposed by paragraph (a) shall be imposed not only on the organisation itself but also on (i) its governing body (if any); and (ii) its members; and (iii) every officer, employee, and body within that organisation to whom that recommendation is applicable; and (iv) every statutory officer to whom that recommendation is applicable. (4) As soon as practicable after an Order in Council is made under this section, the Minister who recommended the making of that Order in Council shall give a copy of that Order in Council to the Ombudsman who made the recommendation. (5) Nothing in this section (a) limits section 8 of the Judicature Amendment Act 1972; or (b) prevents effect being given to any interim order made under section 8 of the Judicature Amendment Act 1972 or to any declaration contained in any such interim order. | Ss. 30 and 32 give the Ombudsmen broad powers, however while the Ombudsman can order that a document should not be withheld they do not have the power to declassify it. |
Russia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Federal Law on the Prosecutor's Office of the Russian Federation, Article 6(1): (Binding nature of prosecutor's requests): Any requests made by the prosecutor pursuant to his powers, as specified in Articles 22, 27, 30 and 33 of the present Federal Law, shall be subject to unconditional execution within the prescribed time. | The prosecution bodies have the right to issue prescriptions to fix offenses but they contain no specific directions how a public body should act; also, prosecution bodies have no right to require remedy or data declassification since only court has right to decide while classification is grounded or no. |
Sudan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given. |
Sweden | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | The Act with Instructions for the Parliamentary Ombudsmen Article 5 "Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary." article 21 "The Ombudsmen are to carry out the investigative measures required in appraising complaints and other cases." | It is not mentioned anything about the declassification of information. |
Thailand | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Section 28. The Board shall have the powers and duties as follows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or State agencies with regard to the implementation of this Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Ministerial Regulations or the Rules of the Council of Ministers under this Act; (4) to consider and give opinions on the complaints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time to time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Minister. | The OIC has broad power under Section 28, but I do not think it has the power to the extent to declassify information. The tribunals, which also play a key role in making decisions on appeals, have lesser authority. |
Tunisia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | N/A | Not mentioned explicitly but this is somehow implicit in the fact that the body has binding order powers. |
Ukraine | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | Law of the Ukrainian Parliament Commissioner for Human Rights, Article13(11) Ombudsperson has the right to submit to respective bodies, documents containing the response of the Commissioner to instances of violation of human and citizens' rights and freedoms, for taking respective measures. | The Ombudsman can recommend the declassification of information but not require it. |
Uzbekistan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 10(5) A person, who has been denied to provide the information, as well as persons, who has received untruthful information in response to their applications, shall have the right for compensation of moral damage caused to them in accordance with the established procedure. | Not by oversight body but compensation from the courts |
Zimbabwe | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 38(2) When deciding on the appeal, the Commission may confirm the decision appealed against or substitute a new decision for it. s. 12 Media Commission Act (1) If, after conducting an investigation, hearing or inquiry, the Commission is of the opinion that the act complained of constitutes a violation in terms of this Act and that— (a) the act relates to a decision or practice on the part of any person which must be stopped, reversed or altered; or (b) the act should be redressed in such manner as the Commission may order; or (c) any law on which the act or omission was based should be reconsidered; or (d) reasons should have been given for the decision complained against; or (e) any other steps should be taken in relation to the act complained against; the Commission shall make such order or recommendations in the matter as it considers appropriate in the circumstances for the redress of the violation and the order or recommendations shall be accompanied by reasons therefor and by a report of the findings of the Commission. (2) If the report makes any recommendation in terms of subsection (1)(c), a copy of the report shall be sent to the Minister or any other appropriate Minister having regard to the administration of the law concerned. (3) The Commission may, where it considers it necessary, recommend— (a) the payment of compensation to the complainant; or (b) that the complainant seek redress through the courts. (4) The determination of the Commission following the conclusion of any investigation, hearing or inquiry shall be in writing and a copy shall be made available to the parties and any other party considered by the Commission to have an interest in the matter. | General reference to substituting a new decision but powers not clearly set out; again broad general powers under the Media Commission Act but never stated that these apply to information appeals |
Andorra | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | 0 = No tiene esa capacidad | |
Angola | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Argentina | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Austria | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned | N/A |
Belgium | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Bolivia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Bosnia and Herzegovina | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Only recommendations |
Bulgaria | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Burkina Faso | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Cape Verde | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No independent appeal |
China | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Colombia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No appeals to the Public Ministry. |
Costa Rica | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Czech Republic | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Dominican Republic | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
East Timor | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No administrative level of appeal |
Ecuador | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Fiji | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 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 does not appear to have been adopted yet. |
France | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Georgia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Germany | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Greece | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Guatemala | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Iran | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Israel | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Italy | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Jamaica | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Article 32(6) On hearing an appeal, the Appeal Tribunal - (a) may subject to paragraph (b), make any decision which could have been made on the original application; (b) shall not nullify a certificate issued under section 23. | 32(6) - cannot overrule exemptions. |
Kazakhstan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Kuwait | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
Latvia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned in law. |
Lithuania | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Moldova | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Monaco | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Montenegro | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned. | |
Morocco | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Mozambique | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Netherlands | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | No oversight body listed. | |
Nicaragua | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Niger | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned. | |
Nigeria | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
North Macedonia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Palau | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned | |
Paraguay | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Peru | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Philippines | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Poland | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | There is no independent oversight body. | |
Portugal | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Qatar | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned | |
Republic of Belarus | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned | |
Romania | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | No independent oversight body listed. | |
Rwanda | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | The ombudsman has no such powers. | |
San Marino | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Regulation of 2 December 2015, No. 16, 11(3). In the exercise of the powers referred to in paragraph 1 and in Article 12, paragraphs 1 and 2 below, the DGFP [General Directorate for Public Administration] shall exercise vertical line functions in relation to the Directors and Managers of the autonomous public companies and bodies of the State. Regulation of 2 December 2015, No. 16, 12(2). The DGFP has the power, in accordance with the provisions of Article 23, paragraph 3, letters b) and f) of Law no. 188/2011 to issue directives, guidelines and circulars implementing these regulations and to monitor compliance with them, with particular reference to the need to ensure the easy accessibility of the data published on institutional websites, including through the implementation of the web portal of the Public Administration. | No points are awarded primarily because the Directorate for Public Administration does not appear to qualify as an independent oversight body but appears instead to be part of the administration. Moreover, the remedial powers of this body are not specified in the 2011 legislation but only in the 2015 regulation governing reactive disclosure, which refers to "vertical line functions" and the ability to issue "directives". The somewhat unclear remedial powers of this body would therefore appear to be limited to failures to abide by publication duties and requests for access to information subject to publication requirements under the 2015 regulations. |
Saudi Arabia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Slovakia | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Spain | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Switzerland | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Article 14 (Recommendation): "Should mediation fail, the Federal Data Protection and Information Commissioner shall provide the participants to the mediation proceedings with a written recommendation within 30 days of receipt of the request for mediation." | The commissioner is allowed to make recommendations but not to take any other remedial measure. |
Taiwan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
Tajikistan | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Tanzania | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Trinidad and Tobago | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | 3. (4) Where, during or after any investigation, the Ombudsman is of the opinion that there is evidence of any breach of duty, misconduct or criminal offence on the part of any officer or employee of any department or authority to which Section 93 of the Constitution applies, the Ombudsman may refer the matter to the Authority competent to take such disciplinary or other proceedings against him as may be appropriate. | The Ombudsman can refer the matter to other authorities, but cannot impose their own solutions - OA 3(4). It is unclear whether they can recommend declassification. |
Turkey | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No mention about the possible remedies for the requester. |
Uganda | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
United States | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | |
Uruguay | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
Venezuela | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Ley Orgánica de la Defensoría del Pueblo 10. Naturaleza de la actuación de la Defensoría del Pueblo. La actuación de la Defensoría del Pueblo tiene una naturaleza no coercitiva, por lo que no constituye instancia judicial y carece de competencia ejecutiva para dictar, modificar o anular autos, sentencias o actos emanados de cualquier rama del Poder Público. La Defensoría del Pueblo podrá utilizar mecanismos alternativos de resolución de conflictos cuando así lo aconsejen las circunstancias del caso. | No specific access to information remedies are outlined. |
Vietnam | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned |
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