By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 32(1) (1) If an applicant feels that his/her request for information has not been addressed or is not satisfied with the institution’s treatment, he/she can lodge a complaint to the same institution or the Commission. | Any case where the applicant feels the request has not been addressed or is not satisfied. |
| Angola | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. | Art 16 allows for challenges on any non-compliance with the legislation. |
| Antigua and Barbuda | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 41 A person who has made a request for information may apply in writing to the Commissioner for a decision that a public authority or private body has failed to comply with an obligation under Part III, including the following: (a) refusing to indicate whether or not it holds a record, or to communicate information, contrary to section 13; (b) failing to respond to a request for information within the time limits established in section 18; (c) failing to provide a notice in writing of its response to a request for information, in accordance with section 19; (d) failing to communicate information forthwith, contrary to section 19 (3); (e) charging an excessive fee, contrary to section 20; or (f) failing to communicate information in the form requested, contrary to section 21. | Art 41 provides broad grounds of appeal. |
| Argentina | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 14. 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. 15. Reclamo por incumplimiento. Ante los supuestos de denegatoria de una solicitud de información establecidos en el artículo 13 de la presente ley o ante cualquier otro incumplimiento a lo dispuesto en la presente, el solicitante podrá, dentro de un plazo de cuarenta (40) días hábiles contados desde el vencimiento del plazo para la respuesta establecido en el artículo 11 de esta norma, interponer un reclamo ante la Agencia de Acceso a la Información Pública o, a su opción, ante el organismo originalmente requerido. Law 2727513, 1… Control: el cumplimiento de las normas que regulan el derecho de acceso a la información será objeto de fiscalización permanente. Las resoluciones que denieguen solicitudes de acceso a la información, como el silencio del sujeto obligado requerido, la ambigüedad o la inexactitud de su repuesta, podrán ser recurridas ante el órgano competente. 13. El sujeto requerido sólo podrá negarse a brindar la información objeto de la solicitud, por acto fundado, si se verificara que la misma no existe y que no está obligado legalmente a producirla o que está incluida dentro de alguna de las excepciones previstas en el artículo 8° de la presente ley. La falta de fundamentación determinará la nulidad del acto denegatorio y obligará a la entrega de la información requerida. | The grounds are not directly stated. However, 14 mentions that amparo actions must be filed within forty (40) business days from the notification of the decision denying the application, from the expiration of the term to respond to it or from verification of any other breach of the provisions of this law. The latter suggests the grounds for judicial reviews are broad. Similarly, 15 mentions refusals of requests and breaches of any other provisions in the context of timelines for appeals to the Agencia de Acceso a la Información Pública. In addition, Law 2727513 lists different scenarios which can amount to appealable refusals. |
| Australia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 53A What is an access refusal decision? An access refusal decision is any of the following decisions: (a) a decision refusing to give access to a document in accordance with a request; (b) a decision giving access to a document but not giving, in accordance with the request, access to all documents to which the request relates; (c) a decision purporting to give, in accordance with a request, access to all documents to which the request relates, but not actually giving that access; (d) a decision to defer the provision of access to a document (other than a document covered by paragraph 21(1)(d) (Parliament should be informed of contents)); (e) a decision under section 29 relating to imposition of a charge or the amount of a charge; (f) a decision to give access to a document to a qualified person under subsection 47F(5); (...) Note: If a decision is not made on a request under section 15 within the time required by that section, a decision is taken to have been made to refuse to give access to a document in accordance with the request (see section 15AC). 70 Information Commissioner investigations—making complaints (1) A person (the complainant) may complain to the Information Commissioner about an action taken by an agency in the performance of functions, or the exercise of powers, under this Act. (...) | Ss. 54L and 54M limit review to "access refusal decisions". This is defined in s. 53A as including refusals, partial refusals, administrative silence (through breach of timelines), or decisions to levy charges. S. 70 allows separate complaints for administrative mismanagement. |
| Azerbaijan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 27-1. Complaint about refusal or improper execution of the information request. The applicant has the right to appeal to the court or the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan against the refusal or improper execution of the request. The owner of the information requesting the information shall explain to the requester this right and state it in the response (information) provided. | |
| Bahamas | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 39. Appeal to Commissioner. (1) A person who has exhausted the internal review procedure provided for under Part IV of this Act may, in writing, apply to the Commissioner for a decision that a public authority has— (a) failed to indicate whether or not it holds a record; (b) failed to communicate the information contained in a record within the time allowed by this Act or at all; (c) failed to respond to a request for a record within the time limits established in this Act; (d) failed to provide a notice in writing of its response to a request for a record; (e) charged a fee that is in contravention of this Act; or (f) otherwise failed to comply with an obligation imposed under this Act. | |
| Bangladesh | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 13: "Powers and functions of the Information Commission.- (1) If any person files a complaint regarding any one of the following reasons, the Information Commission shall, subject to the provision of this Act, receive, inquire into and dispose of such complaint, namely:- (a) non-appointment of an officer-in-charge by any authority, or its refusal to accept a request for information; (b) refusal of any request for information; (c) a request for information has been left unattended of no information received within the time-limit specified under this Act; (d) if the applicant is asked for a fee or compelled to pay an amount of fee which he considers to be unreasonable; (e) if the applicant is provided with incomplete information or such information that appears to be misleading or false; and (f) any other matter relating to requesting or obtaining information under this Act. (2) The Information Commission may, on its own accord or upon a complaint, conduct an inquiry regarding the complaint raised under this Act. (3) The Information Commission, or as the case may be, the Chief Information Commissioner or Information Commissioners, may exercise such powers as a civil court may exercise under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters, namely:- (a) to issue summons to enforce the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or other things; (b) to examine and inspect information; (c) to receive evidence on affidavit; (d) to bring in any information from any office; (e) to issue summons for witnesses or documents; and (f) any other matter prescribed by rules for carrying out the purposes of this Act. (4) Notwithstanding anything contained contrary in any other law, while inquiring after a complaint under this Act, the Information Commission or, as the case may be, the Chief Information Commissioner or the Information Commissioners may examine on spot any information relating to the complaint kept in the custody of any authority. (5) The Functions of the Information Commission shall be as follows namely: (a) to issue directives for the preservation, management, publication, publicity of and access to information by authority; (b) to prescribe the procedure for applying for information from the authority and, as the case may be, to fix appropriate price of information; (c) to formulate guidelines and directives as to the preservation and implementation of the right to information of the citizens; (d) to consider the provisions recognized under the Constitution of the People's Republic of Bangladesh or any other law for the time being in force in order to preserve the right to information and recommend to the Government for their effective implementation by indicating the impediments; (e) to identify the impediments against the preservation and implementation of right to information of the citizens and recommend to the Government for appropriate solution; (f) to conduct research on the agreements relating to the right to information and other international instruments and to recommend to the Government for their implementation; (g) to examine the similarities of the prevailing law relating to the maintenance and implementation of the right to information of the citizens and to make necessary recommendation to the Government or, as the case may be, to the appropriate authority in order to ensure their harmonization with the international instruments; (h) to advise the Government to ratify or sign any international instrument on right to information; (i) to conduct research on preservation and implementation of the right to information and to assist the educational and professional institution for conducting such research; (j) to publicize the issues relating to the preservation and implementation of the right to information among different classes of citizens of the society and to increase their awareness about the right to information by publishing, disseminating or any other means; (k) to advise and provide assistance to the Government in order to make necessary laws and administrative directives for preservation and implementation of right to information; (l) to advise and provide assistance to the organizations or institutions working for the preservation and implementation of the right to information and to citizens in general; (m) to increase public awareness on right to information by conducting research, seminars, symposiums, workshops and similar other measures and disseminate the result obtained from the research; (n) to give the authority technical and other assistance with a view to ensuring right to information; (o) to establish a web portal for Bangladesh to ensure right to information; (p) to oversee the actions taken under any other law relating to the preservation and implementation of the right to information;" | Art 13 provides broad grounds for appeal. |
| Belgium | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Loi n° 94-1724, Article 6.2 establishes the right to appeal in cases of refusal, incomplete or wrong answer or silence". | |
| Brazil | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 16. When the applicant has the access to information denied by organs or entities of the Federal Executive Branch, the applicant may appeal to the Office of the Comptroller General, which shall decide within five days if: IV – time frames or other procedures established by this Law are not complied with. | 16(IV) |
| Canada | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 30(1) Subject to this Act, the Information Commissioner shall receive and investigate complaints (a) from persons who have been refused access to a record requested under this Act or a part thereof; (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable; (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable; (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate; (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate; (e) in respect of any publication or bulletin referred to in section 5; or (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Nothing in this Act precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Act, the Commissioner may initiate a complaint in respect thereof. | |
| Chile | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | ARTICLE 8. Cualquier persona podrá presentar un reclamo ante el Consejo si alguno de los organismos de la Administración no informa lo prescrito en el artículo anterior. Esta acción estará sometida al mismo procedimiento que la acción regulada en los artículos 24 y siguientes. ARTICLE 24. Vencido el plazo previsto en el artículo 14 para la entrega de la documentación requerida, o denegada la petición, el requirente tendrá derecho a recurrir ante el Consejo establecido en el Título V, solicitando amparo a su derecho de acceso a la información. La reclamación deberá señalar claramente la infracción cometida y los hechos que la configuran, y deberá acompañarse de los medios de prueba que los acrediten, en su caso. La reclamación deberá presentarse dentro del plazo de quince días, contado desde la notificación de la denegación de acceso a la información o desde que haya expirado el plazo previsto en el artículo 14 para la entrega de información. Cuando el requirente tenga su domicilio fuera de la ciudad asiento del Consejo, podrá presentar su reclamo en la respectiva gobernación, la que deberá transmitirla al Consejo de inmediato y por el medio más expedito de que disponga. En estos casos, el reclamo se entenderá presentado en la fecha de su recepción por la gobernación. El Consejo pondrá formularios de reclamos a disposición de los interesados, los que también proporcionará a las gobernaciones. | Art 8 allows complaints for failure to proactively publish. Art 24 allows for appeals against silence. Local expert says the grounds go beyond that and are quite broad - so I bumped them up from a 3 to a 4. |
| China | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. 1 of the Supreme Court's Several Issues Related to the Trial of Open Government Information Cases: Where a citizen, a legal person or any other organization deems that any of the following specific administrative acts related to open government information has infringed upon the legal rights and interests of the citizen, legal person or organization and files an administrative lawsuit according to law, the people's court shall accept such a lawsuit: 1. A citizen, a legal person or any organization applies to an administrative organ for access to government information, but the administrative organ refuses to provide such information or fails to give a reply within the prescribed time limit. 2. A citizen, a legal person or any organization deems that the government information provided by an administrative organ is not the information requested in the application or is not in a proper form prescribed by law or regulation. 3. A citizen, a legal person or any organization deems that the open government information provided by an administrative organ voluntarily or upon application of any other person has infringed upon any trade secret or personal privacy of the citizen, legal person or organization. 4. A citizen, a legal person or any organization deems that the government information on the citizen, legal person or organization provided by an administrative organ is inaccurate and therefore requests the administrative organ to make correction, but the administrative organ refuses to make correction, fails to give a reply within the prescribed time limit or fails to transfer the request to the competent organ for handling. 5. A citizen, a legal person or any organization deems that any other specific administrative act related to open government information of an administrative organ has infringed upon the legal rights and interests of the citizen, legal person or organization. Where a citizen, a legal person or any other organization deems that any administrative act related to open government information has infringed upon the legal rights and interests of the citizen, legal person or organization and caused any damage, the citizen, legal person or organization may concurrently or separately file an administrative compensation lawsuit. | Article 1 of the Supreme Court's Several Issues Related to the Trial of Open Government Information Cases |
| Colombia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 27 Resources of the applicant. When the response to the request for information backup invoke national security and defense 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. ... Law 1437 Art. 23: RIGHT TO PETITION AUTHORITIES. SPECIAL RULES. ARTICLE 24 NOTICES AND DOCUMENTS RESERVED. Only shall be confidential information and documents expressly reserve under the Constitution or the law, and in particular: Protected by commercial or industrial secret. Those related to national defence or security. The covered by professional secrecy. Those involving privacy rights and privacy of individuals included in the resumes, work history and pension records and other personal records held by the archives of public or private institutions, as well as the history, unless they are requested by the parties themselves or by their agents with express authority to access that information. The conditions relating to the financial operations of public credit and cash to carry the Nation, as well as technical studies of valuation of assets of the nation. These documents and information are subject to reserve for a period of six (6) months from the completion of the respective operation. | Requestors can challenge administrative silence, excessive fees and breaches of timelines through the Tutela for the protection of their fundamental right of petition (article 23 of law 1437) in connection with other fundamental rights and the right of access to information but only when the exceptions invoked are not national security/defense or international relations. If the exceptions are one of the two latter, there must be appeal with an administrative tribunal in the form of a special recourse called recurso d "insistencia" (article 27 of Law 1712) |
| Cook Islands | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 30. Functions of Ombudsman - (1) It shall be a function of the Ombudsman to investigate and review any decision by which a Ministry or Minister of the Crown or organisation - (a) refuses to make official information available to any person in response to a request made by that person in accordance with section 11 of this Act; or (b) decides, in accordance with section 16 or section 17 of this Act, in what manner or, in accordance with section 14 of this Act, for what charge a request made in accordance with section 11 of this Act is to be granted; or (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 11 of this Act; or (d) gives a notice under section 9 of this Act. (2) It shall be a function of the Ombudsman to investigate and review any decision by which the permanent head of a Ministry or an officer or an employee of a Ministry authorised by its permanent head or a Minister of the Crown or an organisation extends any time limit under section 15 of this Act. (3) An investigation and review under subsection (1) or subsection (2) may be made by the Ombudsman only on complaint being made to the Ombudsman in writing. (4) If, in relation to any request made in accordance with section 11 of this Act, any Ministry or Minister of the Crown or organisation fails within the time limit fixed by section 14(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 14(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make available the official information to which the request relates. (5) Undue delay in making official information available in response to a request for that information, shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make that information available. | Art 30 provides sufficiently broad grounds. |
| Costa Rica | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Ley de Jurisdicción Constitucional. 29. El recurso de amparo garantiza los derechos y libertades fundamentales a que se refiere esta ley, salvo los protegidos por el de hábeas corpus. Procede el recurso contra toda disposición, acuerdo o resolución y, en general, contra toda acción, omisión o simple actuación material no fundada en un acto administrativo eficaz, de los servidores y órganos públicos, que haya violado, viole o amenace violar cualquiera de aquellos derechos. El amparo procederá no sólo contra los actos arbitrarios, sino también contra las actuaciones u omisiones fundadas en normas erróneamente interpretadas o indebidamente aplicadas. 30. No procede el amparo: a) Contra las leyes u otras disposiciones normativas salvo cuando se impugnen conjuntamente con actos de aplicación individual de aquellas, o cuando se trate de normas de acción automática, de manera que sus preceptos resulten obligatorios inmediatamente por su sola promulgación, sin necesidad de otras normas o actos que los desarrollen o los hagan aplicables al perjudicado. b) Contra las resoluciones y actuaciones jurisdiccionales del Poder Judicial. c) Contra los actos que realicen las autoridades administrativas al ejecutar resoluciones judiciales, siempre que esos actos se efectúen con sujeción a lo que fue encomendado por la respectiva autoridad judicial. ch) Cuando la acción u omisión hubiere sido legítimamente consentida por la persona agraviada. d) Contra los actos o disposiciones del Tribunal Supremo de Elecciones en materia electoral. | Extensive jurisprudence shows wide range of grounds an amparo claim can be brought on. Seems there are some limits for violations of timelines in non-constitutional procedures in which case ordinary administrative proceedings would apply instead of amparo, but seems the 10 days requirement at least is sufficiently constitutionalised to avoid this restriction. See Res. 6728-2013 excerpted at https://www.pgr.go.cr/wp-content/uploads/2017/05/Rygimen_recursivo.pdf |
| Croatia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Art.25.1.: Against the Decision issued by the public authority body, the submitter may file a Complaint to the Commissioner within 15 days since the Decision has been delivered. Art.25.2.: The Complaint may also be filed if the public authority body fails to issue a Decision on the Submitters request within the legal deadline. | The grounds for appeal are set widely, since they are not explicitly listed/proscribed. Administrative silence is listed explicitly as grounds for appeal. |
| Cyprus | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | "Article 42 (Complaints to the Commissioner) 42. Αιτητής δύναται να υποβάλει παράπονο στον Επίτροπο, σε καθορισμένο έντυπο, σε περίπτωση που κρίνει ότι αναφορικά με αίτησή του προς δημόσια αρχή για παροχή πληροφοριών, υπήρξε παράβαση των διατάξεων του Μέρους ΙΙ του παρόντος Νόμου και ειδικότερα ότι - (α) Υπήρξε παράβαση των υποχρεώσεων της δημόσιας αρχής να πληροφορήσει γραπτώς τον αιτητή κατά πόσο κατέχει ή όχι τις πληροφορίες που ζήτησε με την αίτησή του και, σε περίπτωση που η δημόσια αρχή κατέχει τις εν λόγω πληροφορίες και αυτές είναι προσβάσιμες, να παρέχει τις πληροφορίες αυτές, όπως καθορίζεται στο άρθρο 8, (β) υπήρξε άρνηση δημόσιας αρχής να ικανοποιήσει και/ή να επιληφθεί αίτησής του με την αιτιολογία ότι η αίτηση είναι καταχρηστική ή έκδηλα παράλογη ή ότι η δημόσια αρχή έχει προηγουμένως συμμορφωθεί με πανομοιότυπη ή ουσιαστικά παρόμοια αίτηση που υπέβαλε ο αιτητής πριν την παρέλευση εύλογου χρονικού διαστήματος από την προηγούμενη αίτησή του, όπως καθορίζεται στο άρθρο 9, (γ) υπήρξε παράβαση των διατάξεων του άρθρου 10, (δ) υπήρξε παράβαση της προβλεπόμενης στο άρθρο 11 διαδικασίας καθορισμού και επιβολής τελών από μέρους της δημόσιας αρχής, (ε) δεν τηρήθηκαν υποχρεώσεις της δημόσιας αρχής σχετικά με την προθεσμία εντός της οποίας αυτή επιλαμβάνεται και διεκπεραιώνει αίτηση, όπως καθορίζεται στο άρθρο 12, (στ) υπήρξε απόφαση δημόσιας αρχής ότι η παροχή των ζητούμενων πληροφοριών, με τον τρόπο που καθόρισε ο αιτητής στην αίτησή του, δεν είναι εύλογα πρακτική, όπως καθορίζεται στο άρθρο 13, (ζ) υπήρξε άρνηση δημόσιας αρχής να ικανοποιήσει και/ή να επιληφθεί αίτησής του, με την αιτιολογία ότι το κόστος παροχής πληροφοριών υπερβαίνει το εύλογο κόστος, όπως καθορίζεται στο άρθρο 15, (η) υπήρξε παράβαση του καθήκοντος δημόσιας αρχής για παροχή βοήθειας και συμβουλών σε αιτητή, όπως καθορίζεται στο άρθρο 17, (θ) δεν τηρήθηκαν οι ακολουθητέες διαδικασίες που αφορούν την απόρριψη αίτησης παροχής πληροφοριών, όπως καθορίζονται στο άρθρο 18, (ι) η πιστοποίηση που εκδίδεται δυνάμει των διατάξεων του εδαφίου (2) του άρθρου 22, του εδαφίου (2) του άρθρου 23 ή του εδαφίου (3) του άρθρου 31 δεν αναφέρεται πράγματι σε εξαιρούμενες πληροφορίες." | Reasons to go to the Commissioner are broad - including for not giving reasons for refusing requests, refusals to provide information, charging excess fees, administrative silence, not providing assistance etc.) |
| Czech Republic | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 17 "(3) If an obligated body requires cost recovery for information provision, it shall notify the applicant of this fact and the amount due prior to information provision. The notification must clearly indicate based on what facts and in what way the amount due was calculated by the obligated body." Section 16a. "(1) A complaint on the information request processing procedure (hereinafter "complaint") may be submitted by an applicant who a) disagrees with the processing of the request in a manner stated in Section 6, b) has not been provided with information or a final licensing offer and a decision on request rejection had not been issued following the time limit expiry under Section 14 (5) d) or 14 (7). c) has been provided with incomplete information and no decision on rejection was issued for the rest of the request, or d) disagrees with the amount of fees communicated under Section 17 (3) or the amount of fees under Section 14a (2) required in relation to information provision. (2) A complaint may be submitted in writing or orally, if the complaint is submitted orally and cannot be processed immediately, the obligated body shall issue a written record thereof. (3) A complaint shall be submitted to the obligated body within 30 days of a) the receipt of a notification under Sections 6, 14 (5) c) or 17 (3), b) the expiry of the time limit for information provision under Sections 14 (5) d) or 14 (7). (4) The decision on the complaint shall be made by the superior body. (5) The obligated body shall submit the complaint and file documentation to the superior body within 7 days of the day it received the complaint, unless it fully satisfies the complaint within this time limit by providing the requested information or a final licensing offer or issuing a decision on request rejection. (6) When deciding on a complaint under paragraphs 1 a), b) or c), the superior body shall review the steps of the obligated body and shall decide a) to confirm the steps taken by the obligated body, b) to order the obligated body to process the request or to offer to the applicant a final licensing offer within the stipulated time limit which may not exceed 15 days of the receipt of the decision of the superior body, or c) takes the matter over by a resolution and provides the information itself or issues a decision on request rejection; this procedure cannot be used for the agencies of territorial self-administration entities within the scope of their independent powers. (7) When deciding on a complaint under paragraph 1 d), the superior body shall review the steps of the obligated body and shall decide a) to confirm the amount of the payment or fees, b) to reduce the amount of the payment or fees; this procedure cannot be used for the agencies of territorial self-administration entities within the scope of their independent powers, or c) to order the obligated body to arrange remedy within the stipulated time limit which may not exceed 15 days of the receipt of the decision of the superior body, in case of payment or fees for the provision of information by a territorial self-administration entity within its independent powers. (8) The superior body shall decide on the complaint within 15 days of its receipt. (9) The applicant and the obligated body are notified of decisions under paragraphs 6 and 7. Appeals cannot be made against decisions issued under paragraphs 6 and &. However, if it is a decision under paragraph 6 c), appeals are inadmissible only if the decision was made by a superior body designated under Section 178 (2) last sentence of the Rule of Administrative Procedure or under Section 20 (5) herein. (10) If information under paragraph 6 c) is provided, the applicant may take steps corresponding to paragraphs 1 a) or c)." | In case of administrative silence (inactivity), or in case of partial release of information, when the remaining part of information requested is in state "administrative silence", or when you disagree with the amount of fees communicated under Section 17 (3), you will use "Complaint" see Section 16a Czech FOIA. |
| Denmark | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Danish Ombudsman Act, Article 13. "Any person may lodge a complaint with the Ombudsman against the authorities referred." | The grounds for appealing are broad. |
| El Salvador | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | ARTICLE 75 La falta de respuesta a una solicitud de información en el plazo establecido habilitará al solicitante para acudir ante el Instituto, dentro de los quince días hábiles siguientes, para que éste determine si la información solicitada es o no reservada o confidencial en un plazo de diez días hábiles. Si la información es de acceso público, el Instituto ordenará conceder el acceso de la misma al interesado. De cerciorarse que hay indicios de una conducta infractora, iniciará el proceso correspondiente. El ente obligado deberá dar acceso a la información solicitada en un período no mayor a tres días hábiles después de recibir la resolución del Instituto. De persistir la negativa de entrega de la información, el interesado podrá denunciar el hecho ante el Instituto para los efectos consiguientes. ARTICLE 77 Por la comisión de las infracciones señaladas en el artículo anterior, se impondrán al funcionario público con facultad para tomar decisiones dentro de las atribuciones de su cargo las siguientes sanciones: a. Por la comisión de infracciones muy graves, se impondrá al infractor una multa de veinte a cuarenta salarios mínimos mensuales para el sector comercio y servicios. La comisión de dos o más infracciones muy graves en el plazo de trescientos sesenta y cinco días, dará lugar, en función de los criterios de graduación del artículo siguiente, a la suspensión de funciones por el término de treinta días calendario ordenada por la autoridad superior correspondiente, salvo si la conducta es causal de destitución de acuerdo con el régimen del servicio aplicable. b. Por la comisión de infracciones graves, se impondrá al infractor una multa de diez a dieciocho salarios mínimos mensuales para el sector comercio y servicios. c. Por la comisión de infracciones leves, se impondrá al infractor una multa cuyo importe será de uno hasta ocho salarios mínimos mensuales para el sector comercio y servicios. Todas las sanciones impuestas serán publicadas en los medios electrónicos del Instituto e incorporadas como anexos del informe anual. ARTICLE 83 "El recurso de apelación también procederá cuando:(...) c. El solicitante no esté conforme con el tiempo, el costo o la modalidad de entrega..(...)" | Art 75 seems to allow appeals against refusals, persistent refusals, and silence. Article 77 seems the give the commission purview to monitor non-compliance in the form of excessive fees, destruction of documents, etc, and Art 83(c) allows for a variety of other appeals for things like excessive fees or incomplete provision of info. |
| Estonia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 51. Precept of Data Protection Inspectorate "(1) The Data Protection Inspectorate may issue a precept which requires a holder of information to bring its activities into accordance with law if the Inspectorate finds that the holder of information: 1) has refused illegally to comply with a request for information; 2) has not responded to a request for information within the prescribed term; 3) has not complied with a request for information as required; 4) has not processed a request for information as required; 5) has failed to disclose information subject to disclosure as required; 6) has not performed the obligation to maintain a website as required; 7) has established restrictions on access to information illegally; 8) has failed to establish restrictions on access to information provided by law; 9) has released information to which restrictions on access are established pursuant to this Act." | |
| Ethiopia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 31(1) Any person who is aggrieved by the decision of the public relation officer under this part may lodge his appeal to the concerned head of public body within 30 days from the day the decision is made. 31(4) Any person who is aggrieved by the decision of the head of the public body may lodge his appeal the to Ombudsman within 30 days of receiving that decision. 33(1) In reviewing any appeal under sub-article 31(4), the Ombudsman may examine any record held by a public body, except documents subject to a certificate issued in accordance with Article 35 but, in doing so, shall ensure that any exempt information under this Proclamation is not disclosed. (2) The Ombudsman shall decide any appeal under Article 31(4) within thirty days. (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. Article 6(2) of the Ombudsmen Act | No - 31(1), 31(4), and 33 imply that only refusals can be appealed. However 6(2) of the Ombudsmen Act gives that body the power to investigate any complaints of maladministration. |
| Finland | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | [Parliamentary Ombudsman Act] Article 2(1) A complaint in a matter within the Ombudsman's remit may be filed by anyone who thinks a subject has acted unlawfully or neglected a duty in the performance of their task. (2) The complaint shall be filed in writing. It shall contain the name and contact particulars of the complainant, as well as the necessary information on the matter to which the complaint relates. | The definition given in these articles is broad and seems to cover all the possible grounds for the external appeal. |
| France | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | N/A | All the grounds. |
| Gambia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 39(2) A requester may apply for a review of any decision of an Information Officer. 67 A requester or a third party may appeal against the decision of the head of the Information holder in writing to the Commission. | Since internal appeals can be conducted on any basis (mute refusals are considered to be refusals under s. 17 and hence constitute "decisions"), and external appeals can be of any decision of the head of the information holder, the grounds for appeal are broad. |
| Georgia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 12(1) Anyone considering their right to access to information pursuant to this Act to have been violated may appeal to the Federal Commissioner for Freedom of Information. | Any violation for the act can be appealed which would include timeframes, fees, etc. |
| Greece | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | [Law on the Ombudsman of Greece] Article 1(1) The independent authority entitled "The Ombudsman", has as its mission to mediate between citizens and public services, local authorities, private and public organizations as defined in article 3, para. 1 of this Law, with the view to protecting citizens' rights, combating maladministration and ensuring respect of legality. | |
| Hungary | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Article 18(1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable; (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. | 19(3) for appeals and 18(1) for complaints. |
| Indonesia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 35(1) Every Public Information Applicant may file his/her objection(s) in writing to the supervisor of the Information Management and Documentation Officer, based on the following reasons: (a) a request for information is rejected for the reason of the exemption as referred to in Article 17; (b) the information that must be made available periodically as referred to in Article 9 is not provided; (c) the request for information gets no response; (d) the response to the request for information is not as requested; (e) the request for information is not fulfilled; (f) unreasonably high fee is charged; and/or (g) the information is supplied after the lapse of time that is regulated in this Law. | 35(1) provides for broad appeal grounds. |
| Iran | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 10 of the Establishment and Judiciary Procedure of Administrative Justice Department Act provides for broad grounds of appeal covering all refusals and violations of the law. | |
| Ireland | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 21(2) Subject to the provisions of this Act, the head of the FOI body concerned may, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person - (a) review a decision to which this section applies, and (b) following the review, may, as he or she considers appropriate - (i) affirm or vary the decision, or (ii) annul the decision and, if appropriate, make such decision in relation to the matter concerned as he or she considers proper, in accordance with this Act. | The ground for the external review are broad. If the body fails to reply within 20 working days, you have a right to a free internal review (No 30 euro fee), but this is prior to an appeal to the Commissioner. |
| Jamaica | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 30(1) An applicant for access to an official document may, in accordance with subsection (4), apply for an internal review of a decision by a public authority to - (a) refuse to grant access to the document; (b) grant access only to some of the documents specified in an application; (c) defer the grant of access to the document; (d) charge a fee for action taken or as to the amount of the fee. | |
| Kazakhstan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 7(1) Information user has the right to: [...] (6) appeal an illegal limitation of the right for access to information and action (inaction) of state officials; [...] | |
| Kenya | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 14(1) Subject to subsection (2), an applicant may apply in writing to the Commission requesting a review of any of the following decisions of a public entity or private body in relation to a request for access to information - (a) a decision refusing to grant access to the information applied for; (b) a decision granting access to information in edited form; (c) a decision purporting to grant access, but not actually granting the access in accordance with an application; (d) a decision to defer providing the access to information; (e) a decision relating to imposition of a fee or the amount of the fee; (f) a decision relating to the remission of a prescribed application fee; (g) a decision to grant access to information only to a specified person; or (h) a decision refusing to correct, update or annotate a record of personal information in accordance with an application made under section 13. | |
| Kyrgyzstan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. | Covers not only refusals to provide information but also other actions, inaction and decisions. |
| Lebanon | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 22: Functions of the National Anti-Corruption Body (“the body”): The body shall: 1 – Receive complaints pertaining to the application of this law, investigate them, and issue decisions on them in accordance with Article 23 of this law. | The provision on appeals seems to apply fairly broadly. |
| Liberia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | The law gives the information commissioner wide discretion over reviewing practices. | |
| Malawi | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 44. (1) A person who has exhausted the internal review mechanism of the information holder may apply to the Commission for the review of a decision of that information holder. (2) The application made pursuant to subsection (1) shall be in respect of the following - (a) the refusal of access by the information holder to the information requested; (b) the payment of fees payable pursuant to section 43 which the applicant considers to be unreasonable; (c) the failure of the information holder to comply with the various timelines stipulated for processing requests for information or decisions on internal review; or (d) any other matter relating to a request for or access to information under this Act. | Generally very broad grounds for appeal, though there seems to be no ability to appeal failures to proactively disclose info. |
| Maldives | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 57.Without subjecting limitations or omissions to the provisions mentioned in section 15 of this Act, an applicant making a request for information, has the power to appeal directly to the Information Commissioner, in the following circumstances: a) where the applicant is unable to access information from a specific State Institute, because no Information Officer has been appointed to that State Institute; (b) where a State Institute refuses to receive an application of request for information without reasonable justification; (c) where the Information Officer refuses or neglects to provide a receipt notifying that the request has been duly applied under this Act; (d) where the Information Officer fails to comply to a request for access to information within the time limits required under this Act; (e) where the Information Officer or the State Institute attributed to the Information Officer fails to comply with a directive issued by the Information Commissioner; (f) where the Information Officer or the State Institute attributed to the Information Officer, breaches any provision prescribed in this Act regarding access to information. | |
| Mexico | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 143. The motion for review will proceed against: (I). Classification of the information; (II). The statement of inexistent information; (III). The statement of incompetence by the regulated entity; (IV). The delivery of incomplete information; (V). The delivery of information that does not match the request; (VI). The lack of response to a request for access to information within the time limits established by law. Article 160. An appeal for reconsideration is admissible against the resolutions issued by the Guarantor Agencies of the States that: I. Confirm or modify the classification of the information, or II. Confirm the absence or refusal of information. It is construed as denial of access to information the lack of resolution of the Guarantor Agencies of the States within the specified time frame. | |
| Moldova | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 1. General provisions on protection of right to information (3) When the party requesting information believes that his/her rights and legitimate interests have been violated, he/she may contest the actions of the person in charge of receiving and examining requests for access to information, and especially in matters regarding: a) unjustified refusal to accept and register the request; b) refusal to provide free and unconditional access to public records held by the information provider; c) violation of terms and procedures of responding to an information-access request; d) failure to provide adequately, or not providing at all the requested information; e) groundless refusal to provide the requested information; f) groundless claims by public officers to consider information state secret, trade secret or confidential information; g) unjustified declaration of some information secret; h) the establishment of a fee and its amount for the provided information; i) causing of material and/or moral damages by an illegal deed of the information provider | |
| Mongolia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. | Covers both action and inaction by public bodies so seems to be comprehensive |
| Namibia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 47(1) If a requester is not satisfied with a decision of an information officer, the requester may apply for internal review of the decision. 49(3) If the head of the information holder or staff member decides to grant access to information, the notice to the requester referred to in subsection (2) must state ...(c) that the requester may appeal to the Information Commissioner under section 59 against the decision in respect of the reproduction fee, translation fee or transcription fee payable or the form of access, and the process for lodging the appeal. 52(1) If a requester is not satisfied with - (a) the decision of - (i) the head of an information holder or a staff member taken on internal review in terms of section 49; or (ii) the information officer made under section 37; or (b) the failure to make a decision as contemplated in section 41 or 50, the requester may appeal to the Information Commissioner against the decision or the failure to make a decision in accordance with section 53(2) A third party who is not satisfied with the decision of the head of an information holder or a staff member taken on internal review in terms of section 49 granting a requester access to information containing the third party information may appeal to the Information Commissioner against the decision in accordance with section 53. | Form requested and fees mentioned in 49(3)(c) and 52 (referencing 49). Failure to decide/deemed refusals also covered. Other timeline breaches less clear but reference to section 37 in section 52 would suggest this is covered, and already has 4 points from form requested/fees/deemed refusals. |
| Nepal | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 8(3) If the fee prescribed pursuant to Sub-Section (2) is deemed more than the actual price, the concerned person may file a petition before the Commission. 9. Complaint may be made: (1) If, Information Officer, does not provide information, denies to provide information, partially provides information, provides wrong information or does not provide information by stating that the applicant is not a stakeholder, the concerned person shall make a complaint to the Chief within (7) days from the date of information denied or partially information received. 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. See also 33 on complaints about compensation. | Envisages appeals for fees and all forms of access, and also remedies for time limits. |
| Netherlands | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Netherland Administrative Law Act, Chapter 8 (about appeals to a court). | |
| New Zealand | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 28 Functions of Ombudsmen (1) It shall be a function of the Ombudsmen to investigate and review any decision by which a department or Minister of the Crown or organisation— (a) refuses to make official information available to any person in response to a request made by that person in accordance with section 12; or (b) decides, in accordance with section 16 or section 17, in what manner or, in accordance with section 15, for what charge a request made in accordance with section 12 is to be granted; or (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12; or (d) gives a notice under section 10. (...) | S. 28(1) – very broad.
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| Nicaragua | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. | Administrative silence can be appealed (Art 37) as can a refusal. Manual 11(c) also mentions appeals for time, cost and delivery mode. |
| Niger | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Omb Act s 6 | Omb Act s 6 provides appeals for any government mismanagement. |
| North Macedonia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Art. 28 "(1) The requester shall have the right to initiate a complaint in front of the Commission for Protection of the Right to Free Access to Information of Public Character, against the decision in which the information holder has rejected its request, within 15 days following the date of the requester's receipt of the relevant decision." | |
| Norway | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Details regarding complaints and time limit for complaints): "Any person who believes he has sustained an injustice from the public administration may bring a complaint to the Ombudsman." | |
| Pakistan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 17(1) An applicant who is not satisfied by decision of the designated official or where no decision has been communicated to him within the time fixed for such decision, he may, within a period not exceeding thirty days after either receiving a decision or after the time-limit for such a decision has passed, prefer an appeal to the information Commission. | |
| Panama | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Artículo 36: Toda persona puede recurrir ante la Autoridad por el incumplimiento de los procedimientos y términos establecidos para el efectivo ejercicio del derecho de petición y derecho de acceso a la información pública en poder del Estado, previstos en las disposiciones legales, dentro de los treinto días a partir de la fecha en que se demuestre se incurrió en el incumplimiento. Para que la Autoridad gestione un reclamo por el incumplimiento del efectivo ejercicio del derecho de petición y derecho de acceso a la información pública en poder del Estados, es necesario que la persona interesada demuestre haber presentado una petición ante la institución. | Art 36 of Law 33 of 2013 allows appeals over any breach of the law or the right to information. |
| Paraguay | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | N/A | Yes – can appeal against refusals, excessive charges, or general problems with the structure of access. |
| Poland | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Although not directly stated in law, jurisprudence allows it. The requester is entitled to submit a complaint to the Regional Administrative Court on this actions or lack of them. | |
| Portugal | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Art 15.1. Applicants may complain to CADA about a lack of response, denial of an application, or any other decision which restricts access to administrative documents. | |
| Russia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 24(3): (Control and Supervision over Providing Access to Information on the Activities of Government Bodies and Bodies of Local Self-Government): Supervision of execution of the present Federal Law by government bodies and bodies of local self-government, and their officials is carried out by bodies of the Prosecutor's Office of the Russian Federation in the procedure defined by the Federal Law "On the Office of the Prosecutor of the Russian Federation." Federal Law on the Prosecutor's Office of the Russian Federation, Article 10(1): (Examination and settlement by prosecution bodies of petitions, complaints and other applications): Prosecution bodies shall examine and settle petitions, complaints and other applications containing information on violations of the law in accordance with their powers. Any decision taken by the prosecutor shall not prevent an individual from applying to a court for protection of his rights. | |
| Saint Kitts and Nevis | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 42 | |
| Serbia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 22. Paragraph 1: "An applicant may lodge a complaint to the Commissioner within 15 days upon receipt of the public authority decision, if: 1) In contravention of Paras 1 and 3 of Article 16 of this Law, the public authority refused to inform the applicant whether it holds specific information of public importance or whether it is otherwise accessible to it, refused to allow insight in the document containing the requested information, to issue i.e. send to the applicant a copy of the document, or failed to do so within the prescribed deadline; 2) In contravention of Para 2 of Article 16 of this Law, the public authority failed to reply to a submitted request within the prescribed deadline; 3) In contravention of Para 2 of Article 17 of this Law, the public authority conditioned the issuance of the copy of the document containing the requested information by payment of a fee exceeding the necessary costs of duplication; 4) The public authority does not allow insight in the document containing the requested information in the manner set forth in Para 1 of Article 18 of this Law; 5) The public authority does not allow insight in the document containing the requested information, i.e. does not issue a copy of the document in the manner prescribed in Para 4 of Article 18 of this Law." | |
| Seychelles | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 34(2) A requester may apply for a review of any decision of an Information Officer. | |
| Sierra Leone | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 43. A person who has made a request for information to a public authority and which has been refused may apply to the Commission for a review of the decision of the public authority and to ascertain whether the public authority failed to comply with an obligation under this Act, including (a) refusing to indicate whether or not it holds a record, or to provide access to information, contrary to section 2; (b) failing to respond to a request for information within the time limits established in section 4; (c) failing to communicate information in the form requested under this Act; (d) charging an excessive fee, contrary to section 6; (e) refusing to accept an application requesting access to information; or (f) any other matter relating to a request for or access to information under this Act. | |
| Slovenia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Article 27 (The right of appeal) "(1) The applicant has the right of appeal against the decision by which the body has refused the request, as well as against the order by which the body has dismissed the request. (2) The applicant also has the right of appeal in the case referred to in the fourth paragraph of Article 25 or when the information received is not in the form, requested in accordance with the second and fourth paragraph of Article 17 of this Act. (3) The Commissioner for Access to Public Information shall decide on the appeal. (4) Appellate proceeding shall be implemented in accordance with the provisions laid down in the Act governing general administrative procedure." | Reviewer: Grounds for appeal to the Information Commissioner are broad. First, there is appeal against the administrative silence; if the body does not decide upon a request in the legal timeline (20 working days according to the Access to Public Information Act) the General Administrative Procedure Act creates a fiction of refusal). Second, there is an appeal against the refusal to provide information on the ground of: breach of procedural rules, incomplete determination of facts (e.g. the body does not find the documents) and wrong use of substantive law (most common ground for appeal is application of the exemptions). Regarding the wrong use of substantive law Art. 27/2 of the Access to Public Information Act explicitly provides the right to appeal if information received is not in the requested form or if the applicant does not receive the information he/she was requesting (but some other information). Third, there is an appeal to the Commissioner regarding excessive charging of fees (Administrative court decided in case No. U 278/2008-23 that the Commissioner has the jurisdiction to decide on charged fees). |
| South Africa | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 74. (1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1— (a) to refuse a request for access; or (b) taken in terms of section 22, 26(1) or 29(3), in relation to that requester with the relevant authority. 77A Complaints (1) A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); (c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1- (i) to refuse a request for access; or (ii) taken in terms of section 22, 26 (1) or 29 (3); or (d) aggrieved by a decision of the head of a private body- (i) to refuse a request for access; or (ii) taken in terms of section 54, 57 (1) or 60, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. (3) A third party- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1 to grant a request for access; or (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. | |
| South Korea | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 19(1) When any applicant is dissatisfied with a decision made by a public institution in connection with information disclosure, or when no decision is made about whether to disclose information even after 20 days elapse after a request for information disclosure was made, he/she may file an administrative appeal as prescribed by the Administrative Appeals Act. In such case, the administrative agency that supervises the decision of a public institution, other than state agencies and local governments, shall be the head of the relevant central administrative agency or the head of the relevant local government. | |
| South Sudan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 41 | |
| Spain | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Artículo 24 (Reclamación ante el Consejo de Transparencia y Buen Gobierno): 1. Frente a toda resolución expresa o presunta en materia de acceso podrá interponerse una reclamación ante el Consejo de Transparencia y Buen Gobierno, con carácter potestativo y previo a su impugnación en vía contencioso-administrativa. 3. La tramitación de la reclamación se ajustará a lo dispuesto en materia de recursos en la Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común. Ley 30/1992, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común. Principios generales. Artículo 107 (Objeto y clases): 1. Contra las resoluciones y los actos de trámite, si estos últimos deciden directa o indirectamente el fondo del asunto, determinan la imposibilidad de continuar el procedimiento, producen indefensión o perjuicio irreparable a derechos e intereses legítimos, podrán interponerse por los interesados los recursos de alzada y potestativo de reposición, que cabrá fundar en cualquiera de los motivos de nulidad o anulabilidad previstos en los artículos 62 y 63 de esta Ley. Artículo 62 (Nulidad de pleno derecho): 1. Los actos de las Administraciones públicas son nulos de pleno derecho en los casos siguientes: a) Los que lesionen los derechos y libertades susceptibles de amparo constitucional. Artículo 63 (Anulabilidad): 1. Son anulables los actos de la Administración que incurran en cualquier infracción del ordenamiento jurídico, incluso la desviación de poder. 2. No obstante, el defecto de forma sélo determinará la anulabilidad cuando el acto carezca de los requisitos formales indispensables para alcanzar su fin o de lugar a la indefensión de los interesados. 3. La realización de actuaciones administrativas fuera del tiempo establecido para ellas sélo implicará la anulabilidad del acto cuando así lo imponga la naturaleza del término o plazo. | |
| Sri Lanka | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 31. (1) Any citizen who is aggrieved as a result of (a) refusing a request made for information; (b) refusing access to the information on the ground that such information is exempted from being granted under section 5; (c) non- compliance with time frames specified by this Act; (d) granting of incomplete, misleading or false information; (e) charging an excessive fees; (f) the refusal of the information officer to provide information in the form requested; or (g) the citizen requesting having reasonable grounds to believe that information has been deformed, destroyed or misplaced to prevent such citizen from having access to the information, may, prefer an appeal to the designated officer within fourteen days of the refusal, act or date of becoming aware of the grounds on which the appeal is sought to be made, as the case may be: | |
| Sweden | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | The Act with Instructions for the Parliamentary Ombudsmen Article 5 "Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out." The administrative procedure act Section 22 "A person whom the decision concerns may appeal against it, provided that the decision affects him adversely and is subject to appeal." Section 22a "A decision can be appealed against to a general administrative court." | |
| Tanzania | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 19(1) A person who, having made a request for information, is aggrieved by a decision of the information holder in relation to the request, may apply to the head of institution for review of the decision in respect of any of the following: (a) refusal of access by the information holder to the information requested; (b) payment of fees or charges which the person considers unreasonable; (c) failure of the information holder to comply with time limits set out under this Act; (d) any other matter relating to a request for or access to information made under this Act. | |
| Thailand | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 4 | Section 13. Any person, who considers that a S tate agency fails to publish the information under section 7, fails to make the information available for public inspection under section 9, fails to provide him with the information under section 11, violates or fails to comply with this Act, or delays in performing its duties, or considers that he does not receive convenience without reasonable cause, is entitled to lodge a complaint with the Board, except where it is the case concerning the issuance of an order prohibiting the disclosure of information under section 15 or an order dismissing the objection under section 17 or an order refusing the correction, alteration or deletion of the personal information under section 25. In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days. Section 18. In the case where a State official issues an order prohibiting the disclosure of any information under section 14 or section 15 or dismissing the objection of the interested person under section 17, such person may appeal through the Board to the Information Disclosure Tribunal within fifteen days as from the date of the receipt of such order. Section 35. There shall be Information Disclosure Tribunals in appropriate fields, which are appointed by the Council of Ministers upon the recommendation of the Board, having the power and duty to consider and decide an appeal against an order prohibiting the disclosure of information under section 14 or section 15, order dismissing an objection under section 17 and order refusing the correction, alteration or deletion of personal information under section 25. The appointment of Information Disclosure Tribunals under paragraph one shall be made on the basis of the specialized fields of the official information, such as the fields of national security, national economy and finance or law enforcement. | 13, 18 and 35 read together give a right of appeal - either to the Board or the Tribunal - for everything so I believe full points are warranted here. |
| Togo | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. See also Loi organique n° 2003-021 du 9 décembre 2003 portant statut, attributions du médiateur de la République et composition, organisation et fonctionnement de ses services, especially Article 14(1). | |
| Tunisia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Art. 29 - Le demandeur d’accès à l’information insatisfait de la décision prise au sujet de sa demande, peut... | |
| Uganda | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 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. 17. Extension of period to deal with request. (1) The information officer to whom a request for access has been made or transferred, may extend the period of twenty one days referred to in section 16(1), in this section referred to as the "original period", once for a further period of not more than twenty one days, if - (a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned; (b) the request requires a search for records in, or collection of the records from, an office of the public body not situated in the same city, town or location as the office of the information officer that cannot reasonably be completed within the original period; (c) more than one of the circumstances contemplated in paragraphs (a) and (b) exist in respect of the request, making compliance with the original period not reasonably possible; or (d) the person requesting for the record consents in writing to the extension. 20. Access and forms of access. (3) Where a person has requested access in a particular form, access shall, subject to section 18, be given in that form, unless to do so would - (a) interfere unreasonably with the effective administration of the public body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not owned by the State or the public body concerned. 16. Decision on request and notice (2) Where the request for access is granted, the notice under subsection (1)(b) shall state– (...) (c) that the person requesting access may lodge an internal appeal or an application with the court, as the case may be, against the access fee to be paid or the form of access granted and the procedure, including the period, for lodging the internal application or appeal, as the case may be. | S. 37 of the Act provides for appeals against a refusal or timeline breaches (17(1)) or information needed in a particular format (20(3)). Fees are mentioned as a basis of appeal in 16(2)(c). |
| Ukraine | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 23.2 The requester shall have the right to appeal: 1) refusal to satisfy the information request; 2) postponement in satisfaction of the information request; 3) failure to provide reply to the information request; 4) provision of false or incomplete information; 5) late provision of information; 6) non-observance by the administrator of the duty to publish information in accordance with Article 15 of this Law; 7) other decisions, actions or inaction of information administrators that violated lawful rights and interests of the requester. | |
| United States | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Yes - all these are complaints which the judge can evaluate on a de novo standard. | |
| Uruguay | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | N/A | Appeals are made to denounce refusals to provide information, administrative silence and other breach of timelines, abusive use of exceptions. All the resolutions approved by the oversight body are available on their web site http://www.informacionpublica.gub.uy. |
| Vanuatu | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 64(3) An appeal may relate to any of the following matters: (a) refusal of access to information; or (b) refusal to indicate whether or not the Government agency, relevant private entity or private entity holds information requested; or (c) refusal to communicate information regarding categories of information in its statement of organization; or (d) refusal to grant access to information within 48 hours for the protection of life or liberty; or (e) failure to respond to an application for information within the time limits specified under the Act; or (f) extending the time period for responding to an application; or (g) failing to provide a notice in writing of its response to an application for information; or (h) charging a fee, or an excessive fee; or (i) failing to transfer an application or transferring an application to an incorrect Government agency, relevant private entity or private entity; or (j) failing to communicate information regarding third party consent; or (k) providing insufficient, incomplete, inaccurate, misleading or false information; or (l) failing to communicate information in the form requested; or (m) failing to appoint an Right to Information Officer or the refusal of an Right to Information Officer to accept an applicant’s application for information or appeal under this Act; or (n) disputing the partial grant of access; or (o) in respect of any other matter under this Act. | - |
| Yemen | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 30: "Complaints must be submitted to the Office within thirty days from the date of receipt of the applicant a rejection to his request." | Art 30 - The language in the translation is a bit muddled, but this sections seems to say that appeals can be filed against refusals, overcharging, breaches of timelines, forwarding of requests multiple times, or any other case the Commissioner General accepts. |
| Albania | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 24(1) Every person, when it considers that his rights under this Law have been violated, has the right to appeal administratively to the Commissioner for the Freedom of Information and Protection of Personal Data in accordance with this Law and the Code of Administrative Procedure. 24(2) The administrative appeal is made to the Commissioner for Freedom of Information and Protection of Personal Data within 30 days from the day when: (a) the applicant has received the notice for the refusal of the information; (b) the deadline for giving the information foreseen in this Law has passed" | In principle, this includes violations of all substantive and procedural components of RTI, incl. related to the form of disclosure, failure to comply with deadlines etc. In practice, the appeals are not limited to denial of access. E.g. the Commissioner has entertained complaints for failure to comply with proactive disclosure obligations under Art. 7; for failure to provide correct information (e.g. that corresponds to the question answered); and for failure to respond within the statutory timelines. |
| Andorra | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | "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." "Article 16. Recursos 1. Les resolucions dictades en matèria d’accés a la informació pública són recurribles directament davant la jurisdicció administrativa en la forma i els terminis establerts per la llei que regula el procediment davant d’aquesta jurisdicció, sense perjudici de la possibilitat d’interposar el recurs previst a l’apartat següent. / Article 14. Tramitació i resolució 7. Les resolucions denegatòries han de ser degudament motivades, així com les que concedeixin l’accés parcial o a través d’una modalitat diferent a la sol·licitada. També han de ser motivades les resolucions que permetin l’accés quan hi hagi hagut oposició d’un tercer. En aquest darrer cas, s’ha d’indicar expressament a la persona sol·licitant que l’accés únicament es pot formalitzar una vegada la resolució sigui ferma. 8. Transcorregut el termini màxim per resoldre o la seva pròrroga sense que s’hagi dictat resolució, es considera que la sol·licitud d’accés ha estat denegada." | Se puede recurrir cualquier resolución (artículo 16.1) como las denegatorias de acceso total o parcial o a través de una modalidad diferente (artículo 14.7) o que haya pasado el plazo (artículo 14.8) |
| Austria | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 11 (1) If access to the information is not granted, the body obliged to provide information shall issue a decision on this within two months of receipt of the request upon written application by the person requesting the information. (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...Explanatory Note, Re § 11...The decision can be challenged by means of an appeal against the decision to the competent administrative courts and, in the event of an alleged violation of the fundamental right to access to information, ultimately to the Constitutional Court. This means that the (even partial) failure to provide the requested information and, under certain circumstances, the (allegedly unlawful) manner in which information is provided can be challenged. | The explicit grounds for appeals in the law are for decisions and "default complaints", which are presumably mute refusals. The commentary indicates that providing partial information and providing information in an unlawful manner are also covered. However, it would be better if this were explicitly provided for in the law itself. |
| Bolivia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 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. | Seems to be quite broad but not described as well as it could be. |
| Guinea | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 38. Le demandeur d'accès à l'information insatisfait de la décision prise au sujet de sa demande, peut exercer un recours gracieux auprès du chef de l'organisme concerné, dans un délai ne dépassant pas les vingt (20) jours suivants la notification de la décision. Le chef de l'organisme est tenu de lui répondre dans un délai ne dépassant pas dix (10) jours a compter de la date du dépôt de la demande en révision. Le silence du chef de l'organisme concerné, pendant ce délai, vaut refus tacite. Le demandeur d'accès à l'information peut alors faire un recours directement auprès de l'instance d'accès à l'information mentionnée à l'article 46 de la présente loi. 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. | Limited to dissatisfaction with a "decision" on a request (although silence at the internal appeal level still gives rise to a right to appeal to oversight body). |
| Israel | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | N/A | 3 points - grounds for judicial appeal are quite broad according to expert. |
| Italy | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 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. | |
| Palau | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 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. | Seems to be broad but not clear it would be interpreted to include all failures to process a request properly. |
| Trinidad and Tobago | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 38A. (1) A person aggrieved by the refusal of a public authority to grant access to an official document, may, within twenty-one days of receiving notice of the refusal under section 23(1), complain in writing to the Ombudsman and the Ombudsman shall, after examining the document if it exists, make such recommendations with respect to the granting of access to the document as he thinks fit. (2) In recommendations under subsection (1), the Ombudsman - (a) is not required to include any matter that is of such a nature that its inclusion in a document of a public authority would cause that document to be an exempt document; (b) may state the recommendations in terms which neither confirm or deny the existence of any document, if the recommendations relate to a request for access to a document which is an exempt document under section 24, 25 or 28 or which, if it existed, would be an exempt document under section 24, 25 or 28. (3) A public authority is required to consider the recommendations of the Ombudsman and, to such extent as it thinks fit, exercise its discretion in giving effect to the recommendations. 93. (2) The Ombudsman may investigate any such matter in any of the following circumstances: (a) where a complaint is duly made to the Ombudsman by any person alleging that the complainant has sustained an injustice as a result of a fault in administration; (b) where a member of the House of Representatives requests the Ombudsman to investigate the matter on the ground that a person or body of persons specified in the request has or may have sustained such injustice; (c) in any other circumstances in which the Ombudsman considers that he ought to investigate the matter on the ground that some person or body of persons has or may have sustained such injustice. (3) The authorities other than departments of Government to which this section applies are- (a) local authorities or other bodies established for purposes of the public service or of local Government; (b) authorities or bodies the majority of whose members are appointed by the President or by a Minister or whose revenues consist wholly or mainly of moneys provided out of public funds; (c) any authority empowered to determine the person with whom any contract shall be entered into by or on behalf of Government; (d) such other authorities as may be prescribed. 94. (1) In investigating any matter leading to, resulting from or connected with the decision of a Minister, the Ombudsman shall not inquire into or question the policy of the Minister in accordance with which the decision was made. (2) The Ombudsman shall have power to investigate complaints of administrative injustice under section 93 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage corruption in the public service, but he shall not undertake any investigation into specific charges of corruption against individuals. (3) Where in the course of an investigation it appears to the Ombudsman that there is evidence of any corrupt act by any public officer or by any person in connection with the public service. he shall report the matter to the appropriate authority with his recommendation as to any further investigation he may consider proper. (4) The Ombudsman shall not investigate (a) any action in respect of which the complainant has or had (i) a remedy by way of proceedings in a court; or (ii) a right of appeal reference or review to or before an independent and impartial tribunal other than a court; or (b) any such action, or action taken with respect to any matter, as is described in the Third Schedule. (5) Notwithstanding subsection (4) the Ombudsman (a) may investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings n a court, if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings; (b) is not in any case precluded from investigating any matter by reason only that it is open to the complainant to apply to the High Court for redress under section 14 (which relates to redress for contravention of the provisions for the protection of fundamental rights). | S. 38A only allows refusals to be appealed, but Constitution s. 93(2)(a) allows for complaints on any matter of administrative injustice. However, I docked them because it is not clear whether the Ombudsman can order individual remedies in such cases, and also because 93(3) is not clear as to whether the Ombudsman's general powers of investigation apply to the legislature. Also, s. 94 prohibits the ombudsman from investigating policies of ministers - restricting their ambit to specific decisions. |
| Vietnam | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | Article 14(2) Citizens are entitled to make denunciations on violations of law on access to information; | Seems to be quite broad but very general so not entirely clear. |
| Zambia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 33(1) | |
| Zimbabwe | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 35 (1) An applicant may lodge an appeal to the Commission against any decision of an information officer in terms of this Act. (2) A third party may lodge an appeal to the Commission against a decision of the information officer to grant a request for access to information concerning that third party’s information. | Only right to appeal against decisions but not failures that did not take place via a decision (such as a failure to respond within the time limits) |
| Armenia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 11(4) The decision not to provide information can be appealed either in the state government body defined by Legislation or in the court. HRD Law Article 16(1) Every natural and legal person shall have the right to apply to the Defender if his or her rights and freedoms are violated by state and local self-government bodies and officials, as well as by organisations in cases prescribed by this Law. | The RTI Law only refers to cases of a decision not to provide information but the HRD Law is much wider. |
| Belize | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | N/A | Ombudsman has the power to review refusals and fees, but does not have the power to rule that disclosure of an exempt document is in the public interest, nor the power to overrule government certificates citing that a document is exempt. Deducted 2 points. |
| Ecuador | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | ARTICLE 22 "(...) Se encuentra legitimada para interponer el recurso de acceso a la, información, toda persona a quien se hubiere denegado en forma tácita o expresa, información de cualquier índole a la que se refiere esta Ley, ya sea por la negativa de la información, ya sea por la información incompleta, alterada y hasta falsa que le hubieren proporcionado, incluso si la denegatoria se sustenta en el carácter reservado o confidencial de la información solicitada. (...)" | Art 22 - can appeal refusals, or incomplete information. |
| Fiji | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 22(1) If a public agency fails or refuses to provide any person with the information which the public agency has been directed by the Commission to make available to that person, that person may lodge a complaint with the Commission. 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. | Only for refusals to provide information but a broader right to appeal against any decision of the Commission, which is a key original decision-maker. |
| Ghana | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 31 Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution. 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. 65(1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision. | Only for "decisions" for internal appeals and appeals to the Commission and for refusals to the courts |
| Guyana | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 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. 49. Except where otherwise provided in this Act, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. | 43(1) seems to allow for reviews of any Commissioner of Information decision, but then 49 also severely restricts judicial jurisdiction. |
| Iceland | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 14. Should a government authority refuse to grant access to material according to this Act, the matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. | The matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. |
| Ivory Coast | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 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. | This is limited to contesting decisions of the public authority |
| Japan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | N/A | According to our expert administrative silence can be appealed, but breach of timelines or excessive fees cannot be appealed. |
| Kosovo | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 20(1) If the public institution has completely or partially refused the request for access to public documents or in case of silence or non-response of the public institution, the applicant may address a complaint to the Agency within a time limit of fifteen (15) days from the receipt of the decision on refusal or decision for partial approval of the request for access. | Only refusals and administrative silence can be appealed. |
| Kuwait | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 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. | Only a right to appeal refusals or mute refusals. |
| Morocco | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 19(1) Si le demandeur d'informations n'a pas reçu de réponse à sa demande ou s'il a reçu une réponse négative, il a le droit de déposer une plainte auprès du président de l'institution ou de l'organisme concerné dans un délai de vingt (20) jours ouvrables suivant l'expiration du délai réglementaire imparti pour répondre à sa demande ou à compter de la date de réception de la réponse. | Refers to not getting a response or a negative response; not clear what the latter covers |
| San Marino | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 9 of Legge 68/1989 The bodies of administrative justice are called upon to decide on appeals on grounds of lack of competence, excess of power or infringement of law against acts or measures of institutional bodies of the public administration in general, including acts of administrative bodies. | No specific mention of the right to access information, however the scope of appeals is broad. |
| Switzerland | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 13 (Mediation) Section 1: "A request for mediation may be filed by any person: a. whose access to official documents has been limited, deferred or refused; b. whose application was not decided by the authority within the deadline; who was consulted pursuant to Article 11, should the authority intend granting access contrary to his wishes. " | Besides refusals, the appeal can be applied when application was not decided within the deadline. |
| United Kingdom | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Section 50. | Expert says: Any failure to comply with any requirement of Part 1 of the Act can be appealed against including delay, fees, non-answer, refusal, failure to give proper reasons for a decision, failure to provide advice and assistance, failure to comply with the requester's preferred format etc. |
| Uzbekistan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 7(4) Denial of owner or holder of information of access to information may be appealed to the court. | Only covers denials of access. |
| Venezuela | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | 12. La omisión de la respuesta en el lapso establecido o la negativa expresa de la información de interés público solicitada dará lugar al ejercicio de los recursos administrativos establecidos en la Ley Orgánica de Procedimientos Administrativos. Igualmente, se podrá interponer una acción ante los tribunales con competencia en lo Contencioso Administrativo, de conformidad con la ley. 13. La Defensoría del Pueblo ejercerá la promoción, defensa y vigilancia del derecho de acceso a la información de interés público, de conformidad con lo establecido en la Constitución de la República Bolivariana de Venezuela y la ley | Article 12 suggests internal appeals or appeals to the administrative tribunals can only be based on refusals or administrative silence. The grounds for appeal to the Ombudsman are not very clear since the Law only says the Ombudsman has oversight over the right. This could conceivably be read broadly but as stated is quite limited. |
| Benin | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 97: Le demandeur qui entend contester une décision de rejet peut déposer une plainte auprès de la Haute Autorité de l’Audiovisuel et de la Communication dans les cinq (05) jours francs à compter de la date de la notification ou du constat de la décision implicite de rejet, sous peine de forclusion. | Requesters can only appeal rejections and implied rejection when public authorities failed to respond on time. |
| Burkina Faso | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | Article 77 : En cas de refus d’accès à l’information et aux documents administratifs, le citoyen peut exercer un recours devant l’Autorité nationale d’accès à l’information publique après épuisement de l’une des voies de recours administratifs. | Only for refusals. |
| East Timor | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 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. | Only for refusals. |
| Jordan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 17(b) The Requester may file a complaint against the Official in Charge to the Board by the Information Commissioner in case of his/her rejection or the Official in Charge's refrainment from the provision of the information required within the legally fixed period. | 17(b) - refusals only. |
| Luxembourg | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 10(1): Toute personne qui se voit opposer une décision refusant de faire droit, en tout ou en partie, à sa demande de communication d’un document peut saisir par écrit dans le mois de la notification de la décision la Commission d’accès aux documents pour avis. | Only for refusals. |
| Monaco | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 26 (1) Le refus de consultation d’un document administratif mentionné à l’article 21 est motivé dans les conditions prescrites par la loi n° 1.312 du 29 juin 2006 , susvisée. (2) Il peut donner lieu à un recours administratif préalable formé auprès du Ministre d’État. En ce cas, celui-ci peut en saisir le Haut Commissaire à la protection des droits. | Only for refusals |
| Mozambique | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 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. ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. | Only refusals to grant access |
| Romania | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | Article 22(1): If a person is considered injured in his/her rights provided for in the present law. | Mentions as injured in regard to any of the rights established in the law and therefore is broad in interpretation. |
| Saudi Arabia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 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. | Only refusals appear to be appealable. |
| Sudan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 5(1)The Commission shall assume the following functions and competences: (c) Examine the complaints lodged by persons requesting access to information and seek to settle these complaints in accordance with the regulations. 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (c) Draft recommendations relating to receiving complaints and procedures for settling, lodging and issuing them; 13(2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (a) The procedures to follow in examining and settling complaints, and organizing appeals, and the time limits for completing them, | Does not really indicate the scope of complaints. Perhaps it will be in the procedures. |
| Taiwan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | N/A | Appeals are only for refusals. |
| Bosnia and Herzegovina | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Bulgaria | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned |
| Dominican Republic | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Guatemala | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Honduras | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned in the law. |
| Latvia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Liechtenstein | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned in law nor regulation. |
| Lithuania | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Malta | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | Not mentioned. | |
| Montenegro | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | Not mentioned. | |
| Nigeria | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Philippines | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | |
| Qatar | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | مادة 18: لطالب المعلومات أن يتظلم للرئيس في حال رفض طلبه، وذلك خلال (30) ثلاثين يوماً من تاريخ إخطاره بنتيجة البت في الطلب، ويبتُّ الرئيس في التظلم في مدة لا تجاوز (15) خمسة عشرة يوماً من تاريخ تقديمه، ويُعتبر مضي هذه المدة دون البت في التظلم رفضاً ضمنياً له 18. The information requester may file a grievance with the President if his request is rejected, within (30) thirty days from the date of his notification of the result of deciding on the request. The President shall decide on the grievance within a period not exceeding (15) fifteen days from the date of its submission. Where this period has passed without deciding on the grievance, it is deemed to be implicitly rejected. |
Not mentioned but it may be noted that the grounds for an internal appeal are limited to cases where a request is rejected. |
| Republic of Belarus | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | Not mentioned | |
| Rwanda | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | There don't seem to be any limits to what kind of complaints the Ombudsman can hear, but the fuzziness around whether it's a proper oversight body precludes awarding points here. |
| Slovakia | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
| Tajikistan | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | |
| Turkey | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
