By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
---|---|---|---|---|---|---|---|
Afghanistan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 34(4) If the applicant or institutions are not satisfied with the decision of the Commission, they may refer to a competent court within a maximum of thirty working days. | |
Albania | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 25 The applicant or the public authority has the right to appeal the decision of the Commissioner to the competent administrative court. | |
Andorra | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | "16. 2) Appeals. An administrative appeal may be lodged against decisions on access to public information, prior to its challenge before the administrative jurisdiction, as follows: a) In the case of acts of the General Administration or of the bodies and entities that depend on them or that are under its direction, before the National Commission for Access and Evaluation of Documentation (CNAAD). b) In the case of acts of the commons or of the bodies and entities that depend on them or that are under their direction, before the Council of Common, except the case that an ordination of the corresponding common one attributes this one competence to a specific body. In both cases, the CNAAD report is mandatory and non-binding.16) 4. The resolution of the appeal provided for in section 2 exhausts the administrative route and leaves the jurisdictional route open." "16. 2) Recursos: . Davant les resolucions en matèria d’accés a la informació pública pot interposar-se recurs administratiu, prèviament a la seva impugnació davant la jurisdicció administrativa, de la manera següent: a) Si es tracta d’actes de l’Administració general o dels òrgans i entitats que en depenen o que estan sota la seva direcció, davant de la Comissió Nacional d’Accés i Avaluació de la Documentació (CNAAD). b) Si es tracta d’actes dels comuns o dels òrgans i entitats que en depenen o que estan sota la seva direcció, davant del Consell de Comú, salvat el cas que una ordinació del comú corresponent atribueixi aquesta competència a un òrgan específic. En ambdós casos és preceptiu i no vinculant l’informe de la CNAAD.16) 4. La resolució del recurs previst a l’apartat 2 exhaureix la via administrativa i deixa oberta la via jurisdiccional. " | |
Angola | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Yes |
Antigua and Barbuda | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 45(1) The complainant, or the relevant public authority or private body, may, within 28 days, apply to the High Court for a review of a decision of the Commissioner pursuant to section 42 or 43, or an order pursuant to section 44 (1). (2) In any review of a decision pursuant to section 39, the burden of proof shall be on the public body or private body to show that it acted in accordance with its obligations under Part II. | |
Argentina | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTÍCULO 14° — Vías de reclamo. Las decisiones en materia de acceso a la información pública son recurribles directamente ante los tribunales de primera instancia en lo contencioso administrativo federal, sin perjuicio de la posibilidad de interponer el reclamo administrativo pertinente ante la Agencia de Acceso a la Información Pública o el órgano que corresponda según el legitimado pasivo. Será competente el juez del domicilio del requirente o el del domicilio del ente requerido, a opción del primero. En ninguno de estos dos supuestos, podrá ser exigido el agotamiento de la vía administrativa. El reclamo por incumplimiento previsto en el artículo 15 de la presente ley, será sustitutivo de los recursos previstos en la Ley Nacional de Procedimientos Administrativos, 19.549, y en el decreto 1.759 del 3 de abril de 1972 (t.o. 1991). El reclamo promovido mediante acción judicial tramitará por la vía del amparo y deberá ser interpuesto dentro de los cuarenta (40) días hábiles desde que fuera notificada la resolución denegatoria de la solicitud o desde que venciera el plazo para responderla, o bien, a partir de la verificación de cualquier otro incumplimiento de las disposiciones de esta ley. No serán de aplicación los supuestos de inadmisibilidad formal previstos en el artículo 2° de la ley 16.986. | |
Armenia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. | |
Australia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 56 Appeals—appeals to Federal Court of Australia on questions of law (1) A review party may appeal to the Federal Court of Australia, on a question of law, from a decision of the Information Commissioner on an IC review. (...) (3) The Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section. (4) The jurisdiction of the Federal Court of Australia under subsection (3) includes jurisdiction to make findings of fact under section 56A. (...) 57A Tribunal reviewable decisions—which decisions are reviewable? (1) An application may be made to the Tribunal for review of the following decisions: (a) a decision of the Information Commissioner under section 55K on an IC review; (b) if the Information Commissioner makes a decision under paragraph 54W(b) (matters inappropriate for IC review)—the IC reviewable decision in relation to which the Information Commissioner makes the decision. (...) 58 Powers of Tribunal (1) Subject to this section, in proceedings under this Part, the Tribunal has power, in addition to any other power, to review any decision that has been made by an agency or Minister in respect of the request and to decide any matter in relation to the request that, under this Act, could have been or could be decided by an agency or Minister, and any decision of the Tribunal under this section has the same effect as a decision of the agency or Minister. (...) | An appeal may be made to either the Federal Court of Australia or the Administrative Appeals Tribunal. |
Austria | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 11(2) If an appeal is lodged against such a decision, as well as in the case of a default complaint, the administrative court must make a decision within two months. The deadline for issuing a preliminary decision on an appeal (Section 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I No. 33/2013) is three weeks. § Section 16 para. 1 VwGVG does not apply; the authority must submit the appeal to the administrative court without delay, including the files of the administrative proceedings. (3) In the event of unlawful failure to grant access to information, the administrative court shall rule that access must be granted and to what extent. | |
Azerbaijan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | |
Bahamas | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 44. Appeal from Commissioner’s decisions and orders. (1) The complainant or the relevant public authority may, within forty-five days, appeal to the Supreme Court on a decision of the Commissioner pursuant to section 40 or 41 or an order pursuant to section 42(1). | |
Belgium | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Loi n° 94-1724, An appeal can be lodge to the Conseil d'État | |
Belize | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | SECTION 43 Any party dissatisfied with a decision of the Ombudsman under this Act may appeal to the Supreme Court, and in every such case the provisions of Part VIII of the Supreme Court of Judicature Act and the rules made thereunder shall mutatis mutandis apply | |
Benin | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 107: Si l’agent ou l’institution publique persiste dans son refus de satisfaire le demandeur, la Haute Autorité de l’Audiovisuel et de la Communication prend l’initiative d’une action en recours devant la juridiction administrative. Elle en informe aussitôt après le requérant qui peut lui-même prendre toute initiative pour le rétablissement de son droit. | Whenever the oversight body initiates an action before the court the requester has to be notified and may take over the case themselves. |
Bolivia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 16(I) In case of undue refusal, lack of response or illegal restriction of the right to information, the petitioner may file a complaint with the competent superior authority or the Ombudsman, or make use of the constitutional, judicial and administrative remedies in force in the legal order. (II) The competent superior authority will resolve the complaint within a period of five (5) business days from its presentation. If the complaint is considered founded, within the maximum period of fifteen (15) business days, the information requested will be provided. | |
Bosnia and Herzegovina | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | See law on administrative procedure. |
Brazil | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Requesters have the right to lodge a judicial appeal, this is a constitutional right of any Brazilian |
Bulgaria | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 40(1) The decisions for granting access to public information or for refusals to grant access to public information may be appealed before the administrative courts or before the Supreme Administrative Court depending on the body, which issued the decision, under the provisions of the Administrative Procedure Code. | |
Burkina Faso | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 79: Les décisions explicites de rejet rendues en matières gracieuse ou hiérarchique peuvent faire l’objet d’un recours pour excès de pouvoir devant le tribunal administratif dans un délai de deux mois à compter de la décision de refus. | |
Canada | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 41 Any person who has been refused access to a record requested under this Act or a part thereof may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow. | 41 - also implicit in Canada's system of administrative law |
Chile | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTICLE 28. En contra de la resolución del Consejo que deniegue el acceso a la información, procederá el reclamo de ilegalidad ante la Corte de Apelaciones del domicilio del reclamante. Los órganos de la Administración del Estado no tendrán derecho a reclamar ante la Corte de Apelaciones de la resolución del Consejo que otorgue el acceso a la información que hubieren denegado, cuando la denegación se hubiere fundado en la causal del número 1 del artículo 21. El afectado también podrá reclamar de la resolución del Consejo ante la Corte de Apelaciones respectiva, cuando la causal invocada hubiere sido la oposición oportunamente deducida por el titular de la información, de conformidad con el artículo 20. El reclamo deberá interponerse en el plazo de quince días corridos, contado desde la notificación de la resolución reclamada, deberá contener los fundamentos de hecho y de derecho en que se apoya y las peticiones concretas que se formulan. | |
China | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 51 Where citizens, legal persons, or other organizations find that administrative organs have violated their lawful rights and interests during open government information work, they may make a complaint or report to the administrative organ at the level above or the competent department for open government information work, and may also lawfully apply for an administrative reconsideration or initiate administrative litigation. | mentions administrative litigation |
Colombia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 27 Resources of the applicant. When the response to the request for information backup invoke national security and defence or international relations, the applicant may appeal to the administrative appeal, which must be filed in writing and supporting diligence in reporting, or within three (3 ) days following it. Denied this resource correspond to administrative courts with jurisdiction in the place where the documents are, whether it is national, departmental and the Capital District of Bogotá authorities or the ALJ if it comes from district and municipal authorities to decide in one instance or if he refuses the request is accepted, in whole or in part. | Article 27 of Law 1712. |
Cook Islands | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 38. Appeals - Any party to an application under section 37 of this Act who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the Court of Appeal and Part II of the Judicature Act 1980-81 shall apply to any such appeal. | |
Costa Rica | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Writ of amparo is available for violations of Articles 27 and 30 of the Constitution. Relevant jurisprudence summarised here: https://www.pgr.go.cr/wp-content/uploads/2017/05/Rygimen_recursivo.pdf. The Ley de Jurisdicción Constitucional also specifically mentions that amparo is available under Article 27 petitions if 10 working days pass without a reply unless another time period for answering has been signalled. http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=38533&nValor3=87797 |
Croatia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art.26.1.: No complaint may be filed against the Decision issued by the Commissioner, but an administrative dispute may be initiated before the High Administrative Court of the Republic of Croatia. The High Administrative Court of the Republic of Croatia must issue a decision on Complaint within 90 days. The Complaint shall delay the execution of the Decision granting access to information. | |
Cyprus | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | "Article 47 (Appeals) 47. Οι αποφάσεις που εκδίδονται από τον Επίτροπο δυνάμει των διατάξεων του άρθρου 44 και του εδαφίου (3) του άρθρου 45, υπόκεινται σε προσφυγή σύμφωνα με τις διατάξεις του Άρθρου 146 του Συντάγματος." | Final appeals can go to Supreme Court |
Czech Republic | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 16 - Appeal "(4) In court review of an appeal decision based on charges under special legal regulations, the court shall review whether there are reasons to reject the request. If there are no reasons to reject the request, the court shall repeal the appeal decision and the decision of the obligated body on the request rejection and shall order the obligated body to provide the requested information." | |
Denmark | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 2 | N/A | It is not necessary for the complainant to exhaust the administrative appeal before appealing to the court. |
Dominican Republic | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTICLE 28. Si la decisión del organismo jerárquico tampoco le fuere satisfactoria, podrá recurrir la decisión ante el Tribunal Superior Administrativo en un plazo de 15 días hábiles. | |
East Timor | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 19 Guarantees Acts of refusal of access to official documents of a confidential nature are subject to a hierarchical and judicial appeal in accordance with the law. | |
Ecuador | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTICLE 22 "El derecho de acceso a la información, será también garantizado en instancia judicial por el recurso de acceso a la información, estipulado en esta Ley, sin perjuicio de la acción de amparo constitucional.(...)" | |
El Salvador | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTICLE 101 Los particulares podrán impugnar las resoluciones negativas a sus pretensiones ante la Sala de lo Contencioso Administrativo de la Corte Suprema de Justicia. La Sala de lo Contencioso Administrativo tendrá acceso a la información confidencial cuando la considere indispensable para resolver el asunto sometido a su conocimiento. Dicha información deberá ser mantenida con ese carácter y no será agregada en el expediente judicial. | |
Estonia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 46. Filing of challenges and actions concerning refusal to comply with request for information or unsatisfactory compliance with request for information "A person whose rights provided for in this Act are violated may file a challenge with a supervisory body specified in 44 of this Act or an action with an administrative court either personally or through a representative." | |
Ethiopia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 34(1) Any person who is aggrieved by a decision of the ombudsman may lodge an appeal against that decision within thirty days to the Federal First Instance Court in the case of federal public bodies or to the Regional High Court in case of regional public bodies. | |
Fiji | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 25(1) Any person who is aggrieved by a decision of the Commission under this Act has the right to appeal that decision to the High Court on a question of law. (2) The High Court, upon receipt of an appeal under subsection (1), must make a determination on the appeal within 30 days from the date of the appeal. | |
Finland | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | [Principles of Openness] Article 33(1) The decision of an authority shall be subject to appeal, as provided in the Act on Administrative Judicial Procedure (586/1996), unless otherwise provided in paragraph (2). A decision of an authority other than those listed in section 7 of the Act on Administrative Judicial Procedure shall be appealed before the Supreme Administrative Court. However, an appeal against the decision of a local or regional authority and a decision of a institution, corporation, foundation or private individual exercising public authority, as referred to in section 4(1)(8) and 4(2), shall be lodged with the Administrative Court which has jurisdiction under section 12 of the Act on Administrative Judicial Procedure. (2) If a party to the case requests access to a document related to a pending trial, the pertinent court order shall be subject to appeal in accordance with the procedure for appeals in the main issue. In addition, the provisions on the Act on the Openness of Court Proceedings apply to the right of appeal. | The procedure on how to appeal to a decision with a request is not defined in this law, but it can be found in the Act on Administrative Judicial Procedure. |
France | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | After consulting the CADA. |
Georgia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | |
Germany | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 9(4) It is permissible to challenge the decision to reject the application by lodging an administrative appeal or bringing an action to compel performance of the requested administrative act. Administrative appeal proceedings pursuant to the provisions of Part 8 of the Code of Administrative Court Procedure (VwGO) are also to be carried out when the decision has been reached by a supreme federal authority. | |
Ghana | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 36(1) Where an applicant is refused access to information by a public institution (a) because the disclosure will be (i) prejudicial to the security of the State, or (ii) injurious to the public interest, or (b) for any other reason, the applicant may apply to the High Court for a judicial review of the decision. (2) The application for judicial review shall be lodged within twenty-one days after refusal of the application. 37(1) In addition to its powers under the Constitution, the High Court may, in respect of an application for judicial review under section 36, (a) require the relevant information under the control of the public institution to be produced before it for examination and scrutiny, (b) enter and inspect premises occupied by the public institution concerned in the judicial review, (c) require to see original documents, and (d) summon and examine on oath a person who the High Court considers may have information relevant to the judicial review. (2) The proceedings of the High Court shall be held in camera and the High Court may prohibit the publication of information relating to the proceedings. (3) The High Court shall not, in the course of a review, disclose to a party other than the representative of the public institution and the Attorney-General, information which is exempt from disclosure under this Act. 38(1) The High Court may, after hearing the application and presentations made before it, make an appropriate order. (2) Where the High Court orders that the applicant be given access to information, the High Court shall specify the period within which the access shall be given. 66 Subject to subsections (1) and (2) of section 65, an application to (b) the High Court for a review of the decision of a public institution shall only be made after the applicant has exhausted all rights of review by the Commission. | |
Guatemala | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Artículo 58. La máxima autoridad sustanciará el recurso de revisión conforme a los lineamientos siguientes: (1) Interpuesto el recurso de revisión, la máxima autoridad resolverá en definitiva dentro de los cinco días siguientes; (2) Las resoluciones de la máxima autoridad serán públicas. | |
Guinea | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 40. Le demandeur d'accès peut, en cas d'insatisfaction, saisir le Médiateur de la République dans un délai de trente (30) jours, ou interjeter appel auprès du tribunal compétent dans le même délai à compter de la date de notification de la décision devenue exécutoire pour l'instance. | |
Guyana | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 43(1) For the removal of doubt, a person aggrieved by a decision of the Commissioner of Information under this Act may apply to the High Court for review of the decision. (2) Notwithstanding any other law to the contrary, where an application for review of a decision of the Commissioner of Information under this Act is made to the High Court, that application shall be heard and determined by a Judge in Chambers, unless the Court, with the consent of the parties, directs otherwise. (3) In this section, "decision of the Commissioner of Information" includes the failure of the Commissioner to comply with section 18 or 19(1). | |
Hungary | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 31(1) The applicant is entitled to turn to the courts should the deadline period open for the rejection or fulfilment of the request for access to data of public interest, or the deadline extended by the controller in accordance with Section 29(2) expire and become inconclusive, and in addition is entitled to review the fee charged for making a copy, should this fee not yet have been paid. | |
India | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | The constitution empowers every individual to move the courts against any order of any authority. |
Indonesia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 4(4) Every Public Information Applicant has the right to file a suit in court if he/she is obstructed from obtaining, or fails to obtain Public Information pursuant to the provision of this Law. | |
Iran | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 10 of Establishment and Judiciary Procedure of Administrative Justice Department Act. | |
Ireland | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 24(1) A party to a review under section 22 or any other person affected by the decision of the Commissioner following such a review may appeal to the High Court on a point of law from the decision. | |
Israel | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 17(1) When a request for information under this law is rejected, or when a public authority has rejected the objection by a third party under Section 13, the person making the request or the third party, whichever is relevant, is entitled to file an appeal to the Administrative Court within 30 days of being notified of the decision; however, if the requested information has been certified as classified under Section 44 of the Evidence Ordinance (New Version 5731-1971), the Supreme Court shall hear the appeal. (2) In hearing the appeal, except for an appeal of a rejected request under Section 8, the court is entitled to obtain access and read all the requested information; the court is entitled, for reasons listed in Section 9, to hear pleading from the public authority's legal representative behind closed doors, without the presence of the appellant or his legal representative. (3) The court shall not order giving information that is liable to harm the rights of a third party, unless the third party has been given an opportunity to voice his objections, in a manner to be determined. (4) Despite the stipulations of Section 9, the court is entitled to order that all or part of the information be provided, under terms to be determined, when, in the court's opinion, there is a public interest in the disclosure of the information that takes precedence over the grounds for rejecting the request, provided that disclosure of the information is not forbidden by law. (5) If the court decides as stipulated in sub-sections (b) or (d) above, it shall state the grounds for its decision. | |
Italy | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. | |
Ivory Coast | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 22. Lorsqu’un requérant conteste la décision d’un organisme public en matière d’accès à l’information, il dispose des voies de recours suivantes: le recours hiérarchique; le recours devant la CAIDP; le recours juridictionnel. Article 24. Le recours juridictionnel est porté devant la juridiction administrative compétente. | |
Jamaica | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | All public bodies (including Tribunals) are subject to Judicial Review though this is not explicit in the Act. |
Japan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Requesters can file a case to district court against any government decision. |
Jordan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 17(a) The Higher Justice Court shall be appropriate to regard the information request rejection decision, provided that the requester should file the lawsuit against the Official in Charge within thirty (30) days as of the date following the expiry of the period given under this Law to have the request approved, rejected or refrained. | |
Kazakhstan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 18(1) Unlawful limitation of the right for access to information may be appealed to a higher state body (a higher rank official) or to a court. (2) An appeal of actions (inactions) of state officials and also state bodies' decisions is to be addressed to a higher rank official or an body or a court not later than three months from the day when a person learnt that an action was done or decision taken by a relevant state official or an body. Missing a deadline for bringing an appeal will not serve as a reason to deny the admittance of the appeal by a state body or a state official or a court. The reasons for missing the deadline will be revealed during the consideration of the appeal and may become one of the basis for denying the appeal. | |
Kenya | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 23(3) A person who is not satisfied with an order made by the Commission under subsection (2) may appeal to the High Court within twenty-one days from the date the order was made. (4) An order of the Commission under subsection (2) may be filed in the High Court by any party thereto in such manner as the Commission may, in regulations made in consultation with the Chief Justice, prescribe and such party shall give written notice of the filing of the order to all other parties within thirty days of the date of the filing of the order. | |
Kosovo | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 22 In the event of a full or partial rejection of the complaint by the Agency, in accordance with Article 20 of this Law, the applicant may file a suit before the competent court for administrative matters within thirty (30) days from the day of receipt of the final decision by the Agency. 23 In proceedings for realization of the right of access to public documents, the provisions of the Law on General Administrative Procedure of the Republic of Kosovo shall apply accordingly, unless otherwise defined by the provisions of this Law. | |
Kuwait | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | In all cases of rejection of the application or absence of reply, the applicant may file a grievance to the authority which shall reply thereto within sixty days, and the rejection of the grievance shall be in a letter indicating the reasons for rejection. The absence of reply shall be considered as a rejection of the grievance. The executive regulations shall regulate the grievance procedure and settlement. Litigation procedures should not be taken before settling the grievance. | Clearly recognised the possibility of legal appeals following an internal appeal. |
Kyrgyzstan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 44. Refusal to provide information, as well as other actions (inaction) and decisions of the information holder that violate the requirements of this Law, may be appealed at the discretion of the information user to a higher body or official, Akyikatchy (Ombudsman) of the Kyrgyz Republic, taking into account the features provided for in Chapter 10 of this Law, or to the court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic. 48.3. The user of information who does not agree with the decision on his complaint shall have the right to appeal this decision in court in the manner established by the Administrative Procedure Code of the Kyrgyz Republic. | |
Latvia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Appeal pertains to both actual action and administrative acts. Tacit refusal, refusal to act in a certain form etc. is considered actual action (Chapter 7) or an administrative act (Chapter 6). The process of dispute and appeal are described in detail in the Administrative procedure law download here |
Lebanon | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 23: The body’s decisions: B – The body’s decisions shall be appealable before the State Shura Council, which shall apply summary procedures in this regard. | |
Liberia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 6.5: "Right of Judicial Review: Any person who is not successful in an internal review and in respect of a appeal taken from t he internal review to the Independent Information Commissioner shall have a right to a judicial review. An appeal from the decision of the Information Commissioner shall lie before the Civil Law Court in Montserrado County and in the Circuit Court of the county where the public body or private entity is located." | |
Luxembourg | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 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. | |
Malawi | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 49. A person may, after proceedings for review under this Part have been concluded, apply to Court for a review of the decision of the Commission. | |
Maldives | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 64(a) Where there is a party unsatisfied with the decision reached by the Information Commissioner as under this Act, the party may appeal the matter to the High Court, within 10 days from the date the decision was made or should have been made. And in any such appeal proceedings, the appellant has the onus of establishing that he followed the law correctly un his suit against the Information Commissioner. (b) A judicial court may only probe a decision made by the Information Commissioner under this Act, in the appeal stage prescribed in this section. | |
Mexico | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 158. Individuals may challenge the decisions or resolutions of the Guarantor Agencies before the Judicial Branch of the Federation. Article 180. The resolution of the Institute shall be final and unappealable for the Guarantor Agency and the regulated entity in question. Individuals may challenge the decisions or resolutions of the Institute before the Judicial Branch of the Federation | |
Moldova | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 23. Legal appeal of the information provider's actions (1) When the person, who considers that his/her rights and legitimate interests to access information have been violated, or he/she is not satisfied with the solution provided by the top management of the information provider or by the hierarchically superior body, he/she may contest the actions or lack of actions of the information provider in an appropriate court of law. (2) The notification of the court must be done during one month after the communication of the answer by the information provider or, if the information solicitor did not receive an answer, from the day when he had to receive the answer. If the information solicitor contests the actions of the information provider extrajudicially, the term of one month begins from the day when the top management of the information provider or of the hierarchically superior body communicate their resolution, or if he/she does not receive an answer - from the day when he/she was supposed to receive it. | |
Mongolia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. 17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws: 17.2.3. Law on Administrative Procedure and Law on Civil Procedure if the complaint is filed to court. | Appeal to the courts based on their rules |
Montenegro | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 24: "Any applicant presenting a request for access to the information or any other person interested therein shall be entitled to the court protection during any administrative dispute procedure. The procedure upon a suit instituted in relation to access to the information shall be urgent." | |
Morocco | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 21. Le demandeur d'informations peut introduire un recours devant le tribunal administratif compétent contre la décision du président de l'institution ou de l'organisme concerné visé à l'article 19 ci-dessus, dans un délai de soixante (60) jours, à compter de la date de réception de la réponse de la commission visée à l'article 22 ci-après au sujet de sa plainte ou de la date d'expiration du délai légal imparti pour répondre à cette plainte. | But rules for accessing it not clear |
Mozambique | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. | |
Namibia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 55. A requester or third party who is not satisfied with the decision of the Information Commissioner made under this Act may apply to the High Court for a review of the decision in terms of the rules of the High Court of Namibia. | |
Nepal | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 34. Appeal: A person not satisfied with the decision rendered by the Commission pursuant to Section 32, may appeal before the Appellate Court within thirty five days of decision received. | |
Netherlands | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Netherland Administrative Law Act, Chapter 8 (about appeals to a court). Section 1: An interested party may appeal to the court against an order. | |
New Zealand | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 34 Restriction on application for review Where any person makes a request under this Act that official information be made available to him and a decision to which section 28(1) or section 28(2) applies is made in relation to that request, that person (a) shall not make an application under section 4(1) of the Judicature Amendment Act 1972 for the review of that decision; and (b) shall not commence any proceedings in which that decision is sought to be challenged, quashed, or called in question in any court, unless a complaint made by that person in respect of that decision has first been determined under this Part. 32B Right of review (1) Where— (a) a recommendation is made under section 30(1) in respect of a request made under section 12; and (b) an Order in Council is made under section 32 in respect of that recommendation, the person who made that request may apply to the High Court for a review of the making of that Order in Council. (2) An application under subsection (1) may be made on the ground that the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law. (3) On an application under subsection (1), the High Court may (a) make an order confirming that the Order in Council was validly made; or (b) make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law. (4) Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the application and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the Crown, and such costs shall be paid out of money appropriated by Parliament for the purpose. | S. 34 of OIA allows the right to seek judicial review of the Ombudsman's decision, but the courts have a high level of deference to the Ombudsman's rulings. 32B also allows for appeals against a government veto of the Ombudsman's recommendations. |
Nicaragua | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Artículo 37.- Contra la Resolución expresa negativa a la solicitud de acceso a la información pública, el interesado podrá interponer recurso de apelación dentro del término de seis días de notificada ante la Oficina de Coordinación de Acceso a la Información Pública de cada poder del Estado, los Consejo Regionales de las Regiones Autónomas de la Costa Atlántica, los Consejo Municipales, según el caso. La Resolución de esta segunda instancia se dictará dentro de un término de treinta días agotándose con ella, la vía administrativa. También se podrá recurrir en caso de silencio administrativo, para que el funcionario competen ordene la entrega de la información al que omitió resolver expresamente otorgamiento o la denegación de información. El agotamiento de la vía administrativa es opcional, pudiendo el solicitante recurrir directamente a la Jurisdicción de lo Contencioso- Administrativo. | |
Niger | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 27: Lorsqu’un usager conteste la décision d’une administration ou d’un organisme privé assurant une mission de service public, en matière d’accès à l’information, il dispose des voies de recours suivantes : le recours gracieux ; le recours hiérarchique ; 6 le recours devant le médiateur ; le recours juridictionnel. Les recours s’exercent dans les conditions prévues par les textes en vigueur. | |
Nigeria | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 19 A public institution may deny an application for information that contains information pertaining to (a) test questions, scoring keys and other examination data used to administer an academic examination or determine the qualifications of an application for a license or employment; (b) architects' and engineers' plans for buildings not constructed in whole or in part with public funds and for buildings constructed with public funds, to the extent that disclosure would compromise security; and (c) library circulation and other records identifying library users with specific materials: Notwithstanding anything contained in this section, an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause. | |
North Macedonia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art. 35 "A suit to initiate an administrative dispute in front of the competent court may be filed against a decision issued by the Commission." | |
Pakistan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Not mentioned but implicit in legal system |
Palau | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 10(a) Any person who seeks the disclosure of public records or government documents, or is wrongfully denied access to a meeting of a governing body may undertake any legal action necessary for the purpose of stopping violations or preventing threatened violations of this Act by members of a governing body. | |
Paraguay | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 23 Competition. If express or implied denial of a request for access to information or any other breach of a public agency with respect to the obligations under this Act, the applicant, whether or not filed a motion for reconsideration, he may, your choice, bring proceedings in any court of First Instance with jurisdiction over the place of his domicile or in which its seat public fountain. | |
Peru | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 11 Procedimiento: El acceso a la información pública se sujeta al siguiente procedimiento: (...) g) Agotada la vía administrativa, el solicitante que no obtuvo la información requerida podrá optar por iniciar el proceso contencioso administrativo, de conformidad con lo señalado en la Ley N° 27584 u optar por el proceso constitucional del Hábeas Data, de acuerdo a lo señalado por la Ley N° 26301.
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Philippines | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 13(c): Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate case in the proper courts in accordance with the Rules of Court. | |
Poland | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 22(1) The entity, which was denied the access to the public information in respect to its exclusion of its openness when quoting the protection of personal data, the right to privacy and the secret other than state, official, treasury or statistical secret, is entitled to put an action to the court for making such information available. | |
Portugal | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art 38.1: An impugnation of a final decision made by CADA shall take the form of a claim, which shall be submitted within ten days of notification of the decision. 2. In the event of such an impugnation, CADA may modify or revoke its decision, whereupon it shall notify the impugner of its new final decision. 3. In the event that it maintains its existing decision, within ten days CADA shall forward the claim to the Public Prosecutors' Office at the Lisbon Administrative and Fiscal Court. | |
Romania | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 22: "A person who considers himself/herself deprived of his/her rights, as stipulated under this law, may complain to the section for contentious matters in the competence of the administrative courts within his/her residential area or in the area where the public authority or organization has its headquarters. The complaint shall be made no later than 30 days from the expiration of the period stipulated under art. 7. The law court may force the public authority or organization to provide the requested public information and to pay moral and/or patrimonial prejudice. The decision of the law court may be submitted for appeal. The decision of the Court is final and irrevocable. Both the complaint and the appeal shall be trialed in emergency procedure, in the court of justice, and shall be exempted from stamp duty." | |
Russia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 23(1): (Protection of the Right to Access to Information on the Activities of Government Bodies and Bodies of Local Self-Government): Decisions and actions (omissions) of government bodies and bodies of local self-government, or by officials of these bodies, that violate the right to access information on the activities of government bodies and bodies of local self-government, can be appealed to a higher body or to higher official or in court. | |
Rwanda | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Law alludes to this, but this needs to be confirmed. | |
Saint Kitts and Nevis | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 46(1) | |
San Marino | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 29(5)The measure referred to in paragraph 4 may be challenged before the administrative courts with jurisdiction in accordance with common principles. 42. 1. An administrative measure is null and void if it lacks essential elements, is vitiated by an absolute defect of attribution, has been adopted in violation or circumvention of a judgement, as well as in the other cases expressly provided for by law. 2. Appeals relating to the nullity of administrative measures are attributed to the exclusive jurisdiction of the Administrative Judge. 29(4-5). 4. The measure with which the Administration declares that it cannot proceed with the examination of the request for access pursuant to paragraph 2, or with which it limits, postpones or refuses access pursuant to paragraph 3 must be formulated in writing and must state the reasons. 5. The measure referred to in paragraph 4 may be challenged before the administrative bodies with jurisdiction in accordance with common principles. | |
Saudi Arabia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | The main steps for the request to access public information (pp. 46 - 47) Third: In the event the applicant wants to appeal a denial by a public entity, they could submit a written or electronic notice of appeal to the public entity's Office within a specific period of time, not exceeding ten (10) working days after receiving the decision of the public entity. The Board of Grievances within the entity's office, shall review the application, make the appropriate decision and notify the applicant of the related fees – it is retrieved if the Board approves the request – and the appeal decision. | The Board of Grievances is the Kingdom of Saudi Arabia's system of courts that handle administrative disputes. The wording is a little vague here, potentially due to translation issues - the reference to the Board of Grievances "within the [public] entity's Office" sounds a little like an internal appeal, but it is likelier that this is a judicial appeal. |
Serbia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 27 An administrative dispute complaint may be lodged against a Commissioner's decision. | |
Sierra Leone | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 32(5) A person or authority dissatisfied with an order made by the Commission under subsection (4) may appeal to the High Court within twenty-one days of the order. | |
Slovakia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 19: \"(4)The decision rejecting the request can be examined in legal proceedings under a special law.\" | |
Slovenia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art 31. "An administrative dispute may begin against the decision by the Commissioner in accordance with the statute." | |
South Africa | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 78 Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator (1) A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances: (a) After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or (b) after that requester or third party has exhausted the complaints procedure referred to in section 77A. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); ... may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82. | |
South Korea | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 20(1) Where an applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, or when no decision is made about whether to disclose information even after 20 days elapse after a request for information disclosure was made, he/she may file for an administrative litigation as prescribed by the Administrative Litigation Act. Admin. Appeals Act 51: Where a ruling on appeal is made, further appeal shall not be filed against the ruling, the same disposition, or omission. | Provides for court appeal but Admin. Appeals Act appears to prohibit this. |
South Sudan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 45(2) | |
Spain | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Artículo 20 (Resolución): 5. Las resoluciones dictadas en materia de acceso a la información pública son recurribles directamente ante la Jurisdicción Contencioso-administrativa, sin perjuicio de la posibilidad de interposición de la reclamación potestativa prevista en el artículo 21. | |
Sri Lanka | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 34. (1) A citizen or public authority who is aggrieved by the decision of the Commission made under section 32, may appeal against such decision to the Court of Appeal within one month of the date on which such decision was communicated to such citizen or public authority. | |
Sudan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 8. The decisions of the Commissioner or of any of his committees may be appealed with the competent minister within two weeks, and the applicant may resort to the judiciary to appeal the competent minister’s decisions within two months from notification of the decision. | |
Switzerland | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 16 (Appeal) : "The appeals procedure are subject to the general provisions found in the relevant legislation governing the federal administration of justice. 2 The appeal instances shall also have access to official documents which are secret." | |
Taiwan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 20 An applicant who has an objection to the decision made by a government agency for the request of providing, correcting or supplementing the government information may seek for administrative relief as provided by law. | Art 20 |
Tajikistan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 14(3) | |
Thailand | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Expert - Despite of no mentioning in the OIA, it is a well-known fact that one can always lodge an appeal with the Administrative Court against decisions of any administrative bodies, which include the OIC and the tribunals. |
Togo | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 46 : Lorsqu'un requérant conteste la décision d'un organisme public en matière d'accès à l'information ou à la documentation publique, il dispose des voies de recours suivantes : - le recours gracieux ; - le recours hiérarchique ; - le recours devant le médiateur de la République ; - le recours juridictionnel. | |
Trinidad and Tobago | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 39. (1) For the removal of doubt, a person aggrieved by a decision of a public authority under this Act may apply to the High Court for judicial review of the decision. (2) Notwithstanding any other law to the contrary, where an application for judicial review of a decision of a public authority under this Act is made to the High Court, that application shall be heard and determined by a Judge in Chambers, unless the Court, with the consent of the parties, directs otherwise. (3) In this section, "decision of a public authority" includes the failure of a public authority to comply with section 15 or 16(1). | |
Tunisia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art. 31 - Le demandeur d’accès ou l’organisme concerné peuvent interjeter appel contre la décision de l’instance chargée d’accès à l’information, auprès du tribunal administratif, dans un délai de trente (30) jours à compter de la date de notification de cette décision. | |
Turkey | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | There is the possibility to appeal against a Judicial Court. Article provides: "...may appeal to the Board before appealing for judicial review". |
Uganda | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 37. Complaints to Chief Magistrate A person may lodge a complaint with the Chief Magistrate, against the decision of an information officer - (a) to refuse a request for access; or (b) taken under section 17(1) or 20(3), in relation to that person. 38. Appeal to court A person aggrieved by the decision of the Chief Magistrate under section 35, may, within twenty one days after the decision is communicated to him or her, appeal to the High Court against the decision of the Chief Magistrate. | Sections 37 and 38 |
Ukraine | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 23.1 Decisions, actions or inaction of information administrators may be appealed to the administrator’s superior official, a higher authority or court. | |
United Kingdom | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 57: "(1) Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice. (2) A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice. (3) In relation to a decision notice or enforcement notice which relates-- (a) to information to which section 66 applies, and (b) to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority, subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority." | Either the complainant or the public authority may appeal to the Tribunal. |
United States | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Art 4(B) | |
Uruguay | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Artículo 22. (Acción de acceso a la información pública).- Toda persona tendrá derecho a entablar una acción judicial efectiva que garantice el pleno acceso a las informaciones de su interés (artículo 694 de la Ley Nº 16.736, de 5 de enero de 1996). | |
Uzbekistan | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 7(4) Denial of owner or holder of information of access to information may be appealed to the court. | |
Vanuatu | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 68(7) A person who is not satisfied with the decision of the Information Commissioner under this section may within 21 days of being notified of the decision, apply to the Supreme Court to review that decision. | - |
Venezuela | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 12...Igualmente, se podrá interponer una acción ante los tribunales con competencia en lo Contencioso Administrativo, de conformidad con la ley. | |
Vietnam | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 8(1): 1. Citizens shall have the rights as follows: (b) b) Filing complaints, lawsuits, and denunciations against violations of provisions of the law on access to information. Article 14(1): Information requester are entitled to file complaints and lawsuits against agencies, individuals responsible for information provision mentioned in Article 9 of this Law; (2) Citizens are entitled to make denunciations on violations of law on access to information; (3) Settlement of complaints, lawsuits, and denunciations shall comply with provisions of the laws on complaints, lawsuits, and denunciations and administration procedures. | |
Yemen | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 23: "In case the applicant of the decision is not convinced, he is entitled then and in accordance with Articles (30) to (32) of the Act to complain to the Office of the Commissioner General, with the recourse to go to court if he is not convinced by the decision of the Office of the Commissioner General." | Art 23 - if they are not convinced by the decision of the Office of the Commissioner-General |
Zambia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 33(2) | |
Cape Verde | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given. |
Gambia | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | N/A | The law does not explicitly state that the Information Commissioner's decisions can be appealed to the courts. |
Monaco | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | A25 of the HRC Ordinance | Not mentioned but some benefit of doubt given. A25 of the HRC Ordinance allows the HRC to refer cases to the prosecutor. |
Sweden | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | Chapter 2 Article 15 "Should anyone other than the Riksdag or the Government reject a request to examine an official document, or release such a document with a proviso restricting the applicant’s right to disclose its contents or otherwise dispose over it, the applicant may appeal against the decision. An appeal against a decision by a minister shall be lodged with the Government, and an appeal against a decision by another authority shall be lodged with a court of law. The act of law referred to in Article 2 shall set out in greater detail how an appeal against a decision under paragraph one shall be lodged. Such an appeal shall always be examined promptly. Special provisions apply to the right to appeal against decisions by authorities under the Riksdag." | An appeal against a decision issued by another authority than the Minister, shall be lodged with a court of law. According to this article, Riksdag and the Government seems to be out of the scope of the appeal. Given this one point dropped. |
Tanzania | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | Section 19(4) Notwithstanding subsection (3), where the requested information is within the authority of an information holder who is under the Minister, the Minister shall cease to be the appellate body and any aggrieved person may apply to the High Court for review. | Only if the original body is under the authority of a minister. |
Zimbabwe | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | s. 16 Media Commission Act (1) Any person who is aggrieved at any order or finding of the Commission in terms of this Act may appeal to the High Court within 30 days of the date of the order, recommendation or finding concerned. (2) The High Court shall not set aside any order or finding by reason only of any informality in the proceedings of the Commission which did not in any way prejudice the appellant in any proceedings before the Commission. | Clear right to appeal media issues; not clear if carries over to information appeals |
Bangladesh | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | 29: "Bar against filing suit.- No person shall, except preferring an appeal before an appellate authority or, as the case may be, lodging a complaint before the Information Commission under this Act, raise any question before any court for anything done or deemed to be done, any action taken or the legality of any order passed or any instruction made under this Act." | No - Art 29 |
Greece | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
Honduras | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned, but may be inherent in Guatemala's administrative system. |
Iceland | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned in law nor regulation. |
Lithuania | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
Malta | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
Norway | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
Panama | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Artículo 17: Toda persona estará legitimada para promover acción de Hábeas Data, con miras a garantizar el derecho de acceso a la información previsto en esta Ley, cuando el funcionario público titular o responsable del registro, archivo o banco de datos en el que se encuentra la información o dato personal reclamado, no le haya suministrado lo solicitado o si suministrado lo requerido se haya hecho de manera insuficiente o en forma inexacta. Artículo 18: La acción de Hábeas Data será de competencia de los Tribunales Superiores que conocen de la acción de Amparo de Garantías Constitucionales, cuando el funcionario titular o responsable del registro, archivo o banco de datos, tenga mando y jurisdicción a nivel municipal o provincial. Cuando el titular o responsable del registro, archivo o banco de datos tenga mando o jurisdicción en dos o más provincias o en toda la República, será de competencia del Pleno de la Corte Suprema de Justicia. Artículo 19: La acción de Hábeas Data se tramitará mediante procedimiento sumario sin formalidades, sin necesidad de abogado, y en lo que respecta a la sustanciación, impedimentos, notificaciones y apelaciones, se aplicarán las normas que para estas materias se regulan en el ejercicio de la acción de Amparo de Garantías Constitucionales. | The law mentions only habeas data petitions, which are limited to personal information. |
Qatar | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Not mentioned | |
Republic of Belarus | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Not mentioned | |
Seychelles | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
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