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 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 33(3) The Commission shall investigate the complaint within a maximum of twenty working days and make a decision. (4) If deemed necessary, the Commission may facilitate participation of the stakeholders in the complaint hearing process. (6) The complaint redressal mechanism and assessment of related documents and evidences shall be established in a separate procedure by the Commission. | |
| Albania | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 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 24(3) Upon receiving the complaint, the Commissioner for the Freedom of Information and Protection of Personal Data forwards it to the office dealing with the right to information, which verifies the facts and the legal basis of the complaint. For this purpose, he may ask the complainant and the public authority, against whom the complaint is made, to present written submissions, and be informed by any other person and source. When it deems it necessary, the Commissioner holds a public hearing with the participation of the parties. 24(4)The Freedom of Information and Personal Data Protection Commissioner takes a decision on the appeal within 15 working days from the date when the appeal is filed. | |
| Angola | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days: (a) communicate the date, place and manner in which to consult the document, reproduce it, or obtain a certified copy thereof; (b) in terms of the provisions of Article 67 of the procedures for public authorities approved by Decree-Law 16-A/95, of 15 December, give reasons for the complete or partial refusal to grant access to the requested document; (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | Art 15 - clear procedures and a timeline of 10 days |
| Antigua and Barbuda | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 42(1) The Commissioner shall, subject to subsection (2), decide an application made pursuant to section 41 as soon as is reasonably possible, and in any case within 30 days, after giving both the complainant and the relevant public authority or private body an opportunity to provide their views in writing. (2) The Commissioner may summarily reject applications: (a) which are frivolous, vexatious or unreasonable; or (b) if the applicant has failed to seek or use any other remedies established by the relevant public or private body which are available to him. (3) In an application pursuant to section 41, the burden of proof shall be on the public or private body to show that it acted in accordance with its obligations under Part II. (4) In a decision pursuant to subsection (1), the Commissioner may - (a) dismiss the application; (b) require the public body or private body to take such steps as may be necessary to bring it into compliance with its obligations pursuant to Part II; (c) require the public body to compensate the complainant for any loss or other detriment suffered; or (d) in the case of willful failure to comply with an obligation pursuant to Part II, impose a fine on the public body. (3) The Commissioner shall provide a copy of the decision to the complainant and the public authority or private body together with information regarding the right of the parties to a review of the Commissioner's decision. | Art 42 - clear procedure and timeline |
| Argentina | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | ARTÍCULO 17° — Resolución del reclamo interpuesto. Dentro de los treinta (30) días hábiles contados desde la recepción del reclamo por incumplimiento, la Agencia de Acceso a la Información Pública, deberá decidir: a) Rechazar fundadamente el reclamo, siendo motivos para dicha resolución: I. Que se hubiese presentado fuera del plazo previsto; II. Que con anterioridad hubiera resuelto la misma cuestión en relación al mismo requirente y a la misma información; III. Que el sujeto requerido no sea un sujeto obligado por la presente ley; IV. Que se trate de información contemplada en alguna o algunas de las excepciones establecidas en el artículo 8° de la presente ley. V. Que la información proporcionada haya sido completa y suficiente. Si la resolución no implicara la publicidad de la información, la notificación al sujeto requirente deberá informar sobre el derecho a recurrir a la Justicia y los plazos para interponer la acción; b) Intimar al sujeto obligado que haya denegado la información requerida a cumplir con las obligaciones que le impone esta ley. La decisión de la Agencia de Acceso a la Información Pública deberá ser notificada en un plazo de tres (3) días hábiles al solicitante de la información y al sujeto obligado, al mismo tiempo que deberá ser publicada en su página oficial de la red informática. Si la resolución de la Agencia de Acceso a la Información Pública fuera a favor del solicitante, el sujeto obligado que hubiere incumplido con las disposiciones de la presente ley, deberá entregar la información solicitada en un plazo no mayor a diez (10) días hábiles desde recibida la intimación. | |
| Armenia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | HRD Law Article 17 1. A complaint must be lodged with the Defender within a year following the day when the applicant has learnt or should have learnt about the alleged violation of his or her rights and freedoms. 2. The complaint shall be lodged in writing or orally. 3. No state duty shall be charged for the complaints being lodged with the Defender. 4. The complaint must be signed, include the surname, name, place of residence (address) of the person lodging a complaint or the name, location of the legal person and contact information. No other specific form is prescribed for the complaint. 5. The procedure for lodging an online complaint shall be approved by the Defender. HRD Law Article 25(1) When examining or considering a complaint, as well as carrying out consideration upon own initiative, the Defender shall be obliged to provide the state or local self-government body, organisation or the official or representative thereof, whose decision or action (inaction) is being appealed, with an opportunity to furnish clarifications on the complaints and results of the examinations conducted, as well as substantiate their positions. | |
| Austria | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 11 (2) If an appeal is lodged against such a decision, as well as in the case of a default complaint, the administrative court must make a decision within two months. The deadline for issuing a preliminary decision on an appeal (Section 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I No. 33/2013) is three weeks. § Section 16 para. 1 VwGVG does not apply; the authority must submit the appeal to the administrative court without delay, including the files of the administrative proceedings. Explanatory Note, Re § 11... The administrative court should have two months to reach a decision (para. 2). Accordingly, it is also necessary to shorten the deadline for issuing a preliminary appeal decision pursuant to Section 14 VwGVG accordingly. In the event of default, the possibility of a subsequent decision (Section 16 VwGVG) should be excluded due to a lack of prospect of success and in order to streamline the procedure. Otherwise, the proceedings of the administrative court should be governed by the general provisions of the VwGVG. The administrative court should adjudicate on freedom of information matters by a single judge (see Section 2 VwGVG), even if the substantive law on which the information is to be provided provides for senate jurisdiction; the matter is nevertheless a freedom of information matter, the relevant federal law (substantive law) is the Freedom of Information Act. The Administrative Court must decide on the matter itself in accordance with Section 28 VwGVG (para. 3). | |
| Azerbaijan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Law on the Human Rights Commissioner, Articles 9. 12 | |
| Bahamas | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Section 39. Appeal to Commissioner. (2) An appeal— (a) shall be made within thirty days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or Section 40(1) The Commissioner shall, subject to subsection (3), decide an appeal under this Act as soon as is reasonably practicable, and in any case within thirty days, after giving both the applicant and the relevant public authority an opportunity to provide its views in writing. | Timelines and other basic procedures. |
| Bangladesh | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 25(6): "The Chief Information Commission or, as case may be, the Information Commissioner, within 30 (thirty) days from the date of taking or receiving duty under sub-section (5), shall, after completing the enquiry into the complaint, prepare a decision-paper for the Information Commission." | Art 25(6) has a clear procedure, including a timeline. |
| Brazil | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 15. After the request is received, and should the requested information be available, the access to information shall be granted immediately. Paragraph 1. In case it is not possible to grant immediate access, the related body or entity shall, within twenty days: I – send the requested information to the applicant by postal or email address informed; II – inform the applicant of the date, location and means to retrieve the requested information, extract the said information or obtain a certificate related to the requested information; III – inform the applicant that it neither holds the requested information nor is aware of its existence; IV – indicate, should that be possible, the body or entity responsible for the requested information or in possession of same; or V – indicate the grounds for either fully or partially denying access to the requested information. Paragraph 2. In situations where the access to information request requires the handling of a large volume of documents or in case the moving of the document may compromise its regular processing, the measure set forth in item II of Paragraph 1 shall be adopted. Paragraph 3. Should the integrity of the requested information or document be subject to any harm because of their handling, the related body or entity shall indicate the date, location and means of consultation to be performed by the applicant, or offer him a certified copy. Paragraph 4. Should it not be possible to obtain the copy referred to in Paragraph 3, the applicant may request, at his/her expenses and under the supervision of a public servant, a document reproduction that does not put the integrity of the original material at risk. Article 16. The time frame for response to the request may be extended for ten days upon justification to be sent to the applicant prior to the expiration of the initial term of twenty days. Article 17. In case the information is available to the public in a printed, electronic or any other means of universal access, the body or entity shall guide the applicant on the location and ways to access, retrieve or copy such information. Sole Paragraph. The procedure detailed in the caption of this article exempts the public body or entity from the obligation to directly provide the information, unless the applicant otherwise declares not having the means to access, retrieve or copy such information on his/her own. Article 35. The classification of information shall be reviewed by the authority responsible for the classification or by an hierarchically superior authority, ex officio or upon initiative, in order to declassify the information or reduce the period in which it must be kept under secrecy. | In Brazil, there are two "oversight bodies" in Federal Executive Branch: The Office of Comptroller General (CGU) and the Mixed Commission for Information Reassessment. In both cases the Law brings clear procedures (including timelines) for dealing with external appeals. See articles 15, 16 and 17: "Article 15. After being denied the right to access either the requested information or the reasons that justified such negative decision, the petitioner shall file an appeal within 10 (ten) days after being notified of that decision. Sole Paragraph. The appeal shall be lodged with the authority hierarchically superior to that which rendered the contested decision, the latter being entitled to act within 5 (five days). Article 16. Should federal executive bodies or entities deny the petitioner the right to access the requested information, he/she may lodge an appeal with the Office of the Comptroller General, which will have 5 (five) days to decide upon the following situations:I “denied access to unclassified information; II "negative decision on access to totally or partially classified information which does not indicate either the responsible or the hierarchically superior authority, to whom the petitioner could forward requests for either access or declassification; III - the procedures to classify sensitive information, as established by this Law, have not been observed; IV “non-observation of the terms and overall procedures established by this Law. Paragraph 1. The appeal provisioned in this article shall be lodged with the Office of the Comptroller General only after having been appreciated by at least one authority hierarchically superior to that which rendered the contested decision, and shall be judged within 5 (five) days.Paragraph 2. Once the reasons that motivated the appeal are proved right, the Office of the Comptroller General will require the involved body or entity to take the necessary measures to comply with the provisions of this Law.Paragraph 3. The petitioner may lodge an appeal with the Mixed Commission for Information Reassessment, referred to in Article 35, should the Office of the Comptroller General deny him/her access to requested information. Article 17. Without prejudice to the competencies of the Mixed Commission for Information Reassessment, established in Article 35, and in compliance with the provisions of Article 16, the petitioner may file an appeal to the corresponding State Minister, should his/her information declassification request be denied by a federal body within the Public Administration. Paragraph 1. The appeal provisioned in this article shall only be filed to the above referred authorities after having been appreciated by at least one authority hierarchically superior to that which rendered the contested decision and, regarding the Armed Forces, to the corresponding Major Command.Paragraph 2. If the appeal to declassify secret or top secret information established in the caption of this article is overruled, the petitioner may appeal to the Mixed Commission for Information Reassessment established in Article 35." |
| Colombia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 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 defense 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. | Yes. As can be seen in article 21 the Administrative Tribunal has 10 days to decide. The Tutela is also decided within 10 days. |
| Costa Rica | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Ley de Jurisdicción Constitucional | See Ley de Jurisdicción Constitucional Articles 29-56, which cover the writ of amparo procedure. http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=38533&nValor3=87797 |
| Croatia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Art.25.3.: The Commissioner is bound to issue a decision on the Complaint and deliver it to the requesting party, through the first degree body, no later than 30 days since an orderly Complaint has been filed. Art.26.1.: No complaint may be filed against the Decision issued by the Commissioner, but an administrative dispute may be initiated before the High Administrative Court of the Republic of Croatia. The High Administrative Court of the Republic of Croatia must issue a decision on Complaint within 90 days. | Clear deadlines for the decision of the Information Commissioner exist (30 days, but can be prolonged due to proportionality and public interest test (to 60 days) or classified information (to 90 days)) and for the ruling of the High Administrative Court (within 90 days). |
| Cyprus | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | "Article 45 (Right to Appeal) 45 (1) Παραπονούμενος στον οποίο κοινοποιήθηκε απόφαση του Επιτρόπου, δύναται να υποβάλει ένσταση κατά της απόφασης εντός δεκατεσσάρων (14) ημερών από την κοινοποίηση της απόφασης. (2) Τηρουμένων των διατάξεων του εδαφίου (5), δημόσια αρχή δύναται, αφού της κοινοποιηθεί η απόφαση του Επιτρόπου με την οποία διατάσσεται να παρέχει πρόσβαση σε πληροφορίες που κατέχει, να υποβάλει ένσταση εναντίον αυτής εντός δεκατεσσάρων (14) ημερών, ότι δεν καθίσταται εφικτή η συμμόρφωση της δημόσιας αρχής στο καθορισμένο χρονικό διάστημα ή σε οιοδήποτε χρόνο για τεχνικούς λόγους ή για λόγους οικονομικού κόστους ή λόγω του ότι οι αιτούμενες πληροφορίες είναι εξαιρούμενες πληροφορίες ή λόγω του ότι η αποκάλυψη των αιτούμενων πληροφοριών θέτει σε σοβαρό κίνδυνο το δημόσιο συμφέρον: Νοείται ότι, σε περίπτωση που απόφαση του Επιτρόπου αφορά πληροφορίες για τις οποίες, δυνάμει των διατάξεων των εδαφίων (3) και (4) του άρθρου 51, αποφασίζει η υπεύθυνη αρχή και όχι η αρμόδια αρχή δημόσιου αρχείου, δικαίωμα ένστασης κατά της εν λόγω απόφασης έχει η υπεύθυνη αρχή. (3) Στην περίπτωση που υποβληθεί ένσταση, ο Επίτροπος επανεξετάζει την απόφασή του, εντός είκοσι (20) ημερών και εκδίδει νέα απόφαση: Νοείται ότι, ο Επίτροπος δύναται κατά το στάδιο της επανεξέτασης να δώσει την ευκαιρία στα μέρη να ακουστούν, εάν κρίνει τούτο σκόπιμο. (4) Πιστοποίηση που υποβάλλεται, στα πλαίσια της διαδικασίας που καθορίζεται στο παρόν άρθρο, στον Επίτροπο από τον Πρόεδρο της Βουλής των Αντιπροσώπων δυνάμει των διατάξεων του εδαφίου (3) του άρθρου 31 ή το Γενικό Εισαγγελέα της Δημοκρατίας ή τον αρμόδιο υπουργό της δημόσιας αρχής δυνάμει των διατάξεων του εδαφίου (2) του άρθρου 22 ή του εδαφίου (2) του άρθρου 23, στην οποία περιλαμβάνεται δήλωση ότι η ικανοποίηση του υποβληθέντος αιτήματος θα έθετε σε κίνδυνο το δημόσιο συμφέρον και/ή ότι θα έχει ως αποτέλεσμα την αποκάλυψη εξαιρούμενων πληροφοριών, συνιστά αμάχητο τεκμήριο νόμιμης αιτιολογίας ότι δεν υφίσταται παράλειψη συμμόρφωσης ή υποχρέωση συμμόρφωσης της δημόσιας αρχής προς την απόφαση του Επιτρόπου και είναι δεσμευτική." | Clear timelines and procedures |
| Czech Republic | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Section 14. "5) The obligated body shall review the contents of the request and: a) if the lack of data about the applicant under the paragraph 2 hinders the information request processing procedure hereunder, namely under Sections 14a or 15, the applicant shall be asked within 7 days of request submission to complete the request; should the applicant fail to satisfy this call within 30 days of its receipt, the request shall be suspended , b) if the request is incomprehensible, fails to indicate clearly what information is being requested or if its wording is too general, the obligated body shall ask the applicant to clarify the request within seven days of the submission date; should the applicant fail to do so within 30 days of the receipt of the call, the obligated body shall decide on the rejection of the request, c) if the requested information does not apply to the scope of powers, the obligated body shall suspend the request and shall notify the applicant of this justified fact within 7 days of request receipt , d) shall provide the requested information no later than 15 days from the receipt or completation of the request unless it decides under Section 15; if license under 14a is necessary, it shall submit a final license offer to the applicant within this time limit." | It is able to submit the complaint within 30 days of the expiry of the time limit for information provision under Sections 14 (5) it is 15 days from request delivery. |
| Ecuador | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | ARTICLE 22 "(...) El recurso de acceso a la información se podrá interponer ante cualquier juez de lo civil o tribunal de instancia del domicilio del poseedor de la información requerida. El Recurso de Acceso a la Información, contendrá: a) Identificación del recurrente; b) Fundamentos de hecho y de derecho; c) Señalamiento de la autoridad de la entidad sujeta a esta Ley, que denegó la información; y, d) La pretensión jurídica. Los jueces o el tribunal, avocaran conocimiento en el término de cuarenta y ocho horas, sin que exista causa alguna que justifique su inhibición, salvo la inobservancia de las solemnidades exigidas en esta Ley. El juez o tribunal en el mismo día en que se plantee el Recurso de Acceso a la Información, convocará por una sola vez y mediante comunicación escrita, a las partes para ser oídas en audiencia pública a celebrarse dentro de las veinticuatro horas subsiguientes. La respectiva resolución deberá dictarse en el término máximo de dos días, contado desde la fecha en que tuvo lugar la audiencia, aun si el poseedor de la información no asistiere a ella. Admitido a trámite el recurso, los representantes de las entidades o personas naturales accionadas, entregarán al juez dentro del plazo de ocho días, toda la información requerida.(...)" | |
| El Salvador | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 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 82 El solicitante a quien el Oficial de Acceso a la Información haya notificado resolución que deniegue el acceso a la información, afirme la inexistencia de la misma o incurra en cualquiera de las causales enunciadas en el artículo siguiente, podrá interponer por sí o a través de su representante el recurso de apelación ante el Instituto o ante el Oficial de Información que haya conocido del asunto dentro de los cinco días hábiles siguientes a la fecha de la notificación. Deberá presentarse el recurso por escrito, de forma libre o en los formularios que apruebe el Instituto. El Oficial de Información deberá remitir la petición y el expediente al Instituto a más tardar el siguiente día hábil de haberla recibido. | Art 75 for administrative silence, Art 82 for refusals. Both have clear procedures and time lines. |
| France | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 20, Appeal to the CADA. | |
| Honduras | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | ARTICULO 26: PROCEDIMIENTOS A SEGUIR ANTE LA DENEGATORIA DE ENTREGA DE LA INFORMACION. Cuando la solicitud de información se hubiere denegado o cuando no se hubiere resuelto en el plazo establecido en el artículo 21, el solicitante podrá acudir ante el Instituto de Acceso a la Información Publica (IAIP) para solicitar la revisión de la denegatoria. La resolución de este se emitirá dentro de un plazo de diez (10) días, contado a partir de la presentación de la solicitud. Contra esta resolución solo procederá el recurso de amparo en los términos de la Ley de Justicia Constitucional. | |
| Hungary | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 31(3) Litigation must be launched against the body undertaking public duties within a period of 30 days following the announcement of the rejection of the request, the expiry of the deadline which was inconclusive and the expiry of the deadline set for paying the fee charged. Should it be in the interests of the applicant to request an investigation of the Authority due to the rejection of the request, its non-fulfilment or the fee charged for making a copy and the applicant declares this to the Authority, litigation concerning the refusal to effectively assess this submission, termination of the assessment procedure may be launched within a period of 30 days following the receipt of the notification on termination specified in Section 55(1)(b) or notification specified in Section 58(3). Justification must be provided should the deadline period available for launching litigation expire. | |
| Iceland | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 27. When access is granted to information from public files pursuant to the third paragraph of Art. 3 or the provisions of special acts, the government authority shall be authorised to stipulate that reusing the information will be subject to licence and will have to fulfil specific requirements, such as the quality or updating of data. Consistency and equality shall be ensured when formulating such requirements, which must not excessively restrict competition or the possibilities for reusing the information. On its website, a government authority shall display a list of the files containing information kept by the authority that it is permissible to reuse, in addition to the requirements controlling such reuse. An application for permission to reuse information from a public file shall be directed to the government authority which according to law holds responsibility for entering and processing the information in the file concerned. A public authority shall finish as quickly as possible its handling of applications for permission to reuse information from public files. If a request has not been handled within 20 days of when the application was received, the reasons for the delay and the time when the decision is to be expected must be made clear. Should a government authority refuse to grant permission for reusing information on the grounds of item 2 of the fourth paragraph of Art. 24, the name of the rights holder or her/his agent must be specified. It is permissible to charge for providing access to information from public files, pursuant to the third and fourth paragraphs of Art. 12. The public authority concerned shall establish a schedule of fees, to be confirmed by the Minister. The schedule of fees shall be advertised in Section B of the Law and Ministerial Gazette, as well as being accessible on the government authority's website. No more must be paid for reusing information that comes under the provisions of this Chapter and is subject to a copyright of the State or of municipalities than what is indicated in the sixth paragraph, unless specifically dictated by law. When a government authority makes information accessible to the public on the Internet, based on an agreement with a third person who has a legally protected right to it according to the Copyright Act, the name of the rights holder must be specified. | Unless provided by law, a complaint shall be lodged within three months of the notification to a party of an administrative decision. When public notification of a decision is required by law, the time limit for lodging a complaint begins to run with effect from the first notification if there are subsequent ones. When a party asks for reasons pursuant to Article 21 the time limit for lodging a complaint begins to run only once that request has been complied with. |
| Ireland | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 22(3) A decision under subsection (2) shall be made as soon as may be and, insofar as practicable, not later than 4 months after the receipt by the Commissioner of the application for the review concerned. | |
| Jordan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 17(c) The Board shall make a decision concerning the complaint within thirty (30) days as of its date of submission, otherwise, the complaint shall be deemed rejected, which complaint shall cut the date of the challenged filed against the Official in Charge under paragraph (a) of this Article and the duration of challenge shall commence as of the date on which the complainer is informed of his/her complaint rejection or the expiry date of the duration for the decision of the Board on the complaint. | 17(c) - 30 day timeline and instructions adopted by Council on this. Fairly detailed procedures. |
| Kosovo | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 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. (2) The Agency shall communicate the complaint received to the public institution that has decided on the request for access, which shall within seven (7) days of receipt of the complaint issue a written response to the allegations raised by the complainant. (3) Upon receipt of the response by the public institution or in case of non-response, the Agency shall decide on the complaint within thirty (30) days. The Agency, by means of an internal act, shall decide on the procedure and the manner of decision within this institution. (8) In case of a full or partial refusal of the complaint, the Agency shall issue a decision that will contain the reasons for refusal of the complaint and the legal remedy that the applicant may employ against the decision on refusal of the complaint. (9) The decision must be in writing and must be submitted to the applicant personally, via registered mail or via electronic mail, if the applicant has used this method to submit the request for review. | |
| Kyrgyzstan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Law on Ombudsman, 10(9). Petitions shall be submitted to the Ombudsman (Akyikatchy) in writing within one year after discovery of a breach of human and civil rights and freedoms. Under exceptional circumstances this deadline may be prolonged by the Ombudsman (Akyikatchy) for not more that two years. (10) Any grievance must be signed by a party concerned, indicating the name, last name and address of a person and must have a format of a reasonable letter, using ordinary paper and must be submitted within a period of time, indicated in the previous paragraph of this article. (16) The Ombudsman (Akyikatchy) shall inform the state body, official or a legal entity, the action or act of which has been subject to a complaint, on such a decision to allow them to submit a written report within 15 days. This deadline may be extended if the Ombudsman (Akyikatchy) believes there are circumstances that make it reasonable. | Some procedures but timelines for decision not very precise. |
| Malawi | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 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. (3) An applicant for review under this Part shall - (a) unless the commission authorizes that it may be made orally, be in writing; and (b) be made not later than two years from the date from which a request for information was received by an information holder. (4) A third party who is of the opinion that his interests referred to in sections 35 are likely to be adversely affected by the decision of the information holder to disclose information requested under this Act, may apply to the Commission for a review of that decision. (5) A person who makes any application under this Part shall be given an opportunity to make representations during review proceedings. (6) The Commission shall, within thirty working days from the date of receipt of an application under subsection (1), determine the application and may, within that period, make an inquiry into or investigate the matter which is the subject of the application. | |
| Maldives | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 59(b) All appeals and complaints lodged before the Information Commissioner, in accordance with this Act, shall be examined and completed within 30 days. Where the examination and reaching a decision regarding the complaint or appeal is unfinished for any reason within the time limit, having notified the applicant who made the complaint or appeal with reasons, the Information Commissioner has the power to add additional 15 days to the process. (c) Where the complaint or appeal submitted to the Information Commissioner concerns information protecting the interest of a third party, the third party has the right to be heard. (d) Unless otherwise stated in this section, all proceedings related to a complain or appeal must be conducted in open sittings. (e) Notwithstanding subsection (d) of this section, in circumstances where information exempted from disclosure under this Act, is to be examined in connection with a complain or appeal lodged under this Act, the Information Commissioner may examine such information in a confidential sitting or sitting closed to the public. (f) The decisions reached by the Information Commissioner must be announced in an open sitting. (g) Having examined an appeal or complaint lodged before the Information Commissioner, the decision reached, must be notified to all concerned parties. | While (c) gives third parties a right to be heard, this is not explicitly stipulated for the main parties. |
| Mexico | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 159. In the case of resolutions to the motions for review of Guarantor Agencies of the States, individuals may choose to resort to the Institute or to the Judicial Branch of the Federation. 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. Article 161. The appeal for reconsideration must be submitted within fifteen days after the notice of the resolution is known or that the term for it to be issued has elapsed, through the electronic system to be established by the Institute or in writing, to the Institute or the Guarantor Agency having issued the resolution. In the event of an appeal for reconsideration in writing to the Guarantor Agency of the State, it shall so inform the Institute on the day following its receipt, accompanied by the contested decision, through the National Platform. Regardless of the means by which the appeal for reconsideration is brought, the corresponding Record must be in the National Platform. Article 165. The Institute will solve the appeal for reconsideration within a period not exceeding thirty days, which may be extended only once and for a similar period. | |
| Namibia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 54(1) The Information Commissioner must, within 14 days of receipt of the appeal under section 53, consider the appeal, and he or she must - (a) accept the appeal and set aside the decision; (b) vary the decision or the type of access granted; or (c) refuse the appeal and confirm the decision, and must notify the requester or third party in writing. (2) If the Information Commissioner decides to grant access to information the notice to the requester must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester or third party may apply to the High Court for review under section 55 against the decision or any order in respect of the reproduction fee, translation fee or transcription fee payable or the form of access and the process for lodging the appeal. (3) Subject to subsection (4), if the Information Commissioner has given notice to the requester that access to information has been granted, the Information Commissioner must immediately give the requester actual access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (4) If the Information Commissioner has on appeal decided to release information containing third party information - (a) the requester may not be granted actual access to the information until such time - (i) any right of the third party to judicial review under section 55 against the decision to release the information has expired; or (ii) any judicial review lodged by the third party has been determined; and (b) the notice to the third party referred to in subsection (1) must state - (i) the reasons for the decision; (ii) that the third party may apply to the High Court in accordance with section 55 for a review of the decision; and (iii) the procedure for lodging the review. (5) If the Information Commissioner has on appeal refused to grant access to information the notice to the requester must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Commissioner; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may apply to the High Court under section 55 for a review of the decision. 56. Before the Information Commissioner commences an investigation or hearing of any matter under this Act he or she must, at least seven days before the start of the investigation or hearing, notify the head of the information holder concerned of - (a) his or her intention to investigate or hear a matter; and (b) the substance of the investigation or hearing. 57(1) On receipt of a notice of investigation or hearing from the Information Commissioner under section 56, the head of the information holder must, within two days, inform the Information Commissioner of all the third parties involved if their particulars have not been provided already. (2) Subject to subsection (1), on receipt of the particulars of the third parties the Information Commissioner must immediately notify the third parties of the investigation or hearing of a matter. 58. In any matter before the Information Commissioner the following persons are entitled to a reasonable opportunity to make representations - (a) the person who made the application, and the requester, if he or she did not make the application; (b) the head of the information holder concerned; (c) a third party, if the information requested contains third party information and the third party can reasonably be located. 59. A hearing before the Information Commissioner is open to the public, except - (a) when, in the view of the Information Commissioner, the circumstances dictate the holding of a hearing in camera; or (b) on good cause shown, a request to hold the hearing in camera is made to the Information Commissioner by any of the parties prior to the hearing and has been so approved by the Commissioner. | |
| Nepal | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 10(4) The Commission has to give final verdict on the appeal within sixty days of the appeal. (5) Other procedures to be followed by the commission during appeal pursuant to this Section shall be as prescribed. Rules 6. Proceedings and Decision of Appeal: (1) The Commission, while proceeding and making decision on appeal, shall have to decide thereof based the evaluation of the claim of the Appellant, reply of the concerned Chief and the obtained proofs and evidence. (2) The Commission shall have to finalize the appeal within Sixty days from the date of appeal received by the Commission. (3) While issuing an order in the name of the concerned chief based on the claim of the Appellant or issuing an order to quash the appeal, the Commission shall give reasons and justifications. 7. Procedure may be Determined: (a) The Commission may determine the necessary procedure, in the course of proceeding and deciding the appeal, as to summoning to the concerned Chief, Information Officer or other related person for the statement before the Commission or producing document or proof and evidence from the concerned person. (b) The Commission shall make public procedure laid down under Sub-rule (1). | |
| Netherlands | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Netherland Administrative Law Act, Chapter 6 (about appeals on decisions). Section 7: The period for lodging a notice of objection or appeal shall be six weeks And Section 8: The period shall start on the day after that on which the order is published in the prescribed manner. | |
| Nicaragua | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | There is a timeline of 30 days, procedures are clearly spelled out in the manual | |
| North Macedonia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 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 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Further provisions regarding complaints and time limit for complaints). Paragraph3: " The complaint shall state the name of the complainant and must be submitted no later than one year after the administrative action or matter complainant has brought the matter before a higher administrative agency, the time limit shall run from the date on which this authority renders its decision." | |
| Pakistan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 17(3) The information Commission established under section 18 shall decide an appeal under sub-section (1) within a period of sixty days. Right of Access to Information Rules, 2019, 8. Appeal to the Information Commission.— (1) An appellant may file an appeal to the Information Commission against the decision of the designated officer on the following grounds, namely:- (a) failure by the concerned officer to comply with any provision of the Act including failure to communicate decision within the specified time; (b) provision of incomplete, misleading or false information; or (c) any other matter relating to access to information. (2) The appellant may file an appeal on a plain paper or on a simplified sample format prescribed by the Information Commission and the applicant shall certify that the applicant had not already or concurrently filed any application, complaint or suit before any other forum or court. (3) The Information Commission shall not charge any fee for filing or processing the appeal. (4) The appellant shall not be required to furnish any information or document other than the alleged facts giving rise to such complaint, contact details, any evidence available with the applicant and a certificate under sub-rule (2). (5) After the receipt of an appeal, the Information Commission— (a) shall seek comments from the concerned designated officer or from any other concerned officer by affording reasonable time and opportunity, in case of failure to decide the application within the time or extended time specified in the Act or failure to give cogent reasons for rejection or partly rejection of an application for access to information; and (b) may contact, if deems necessary, the complainant to seek further information or his comments on the response of the designated officer or any other concerned officer. (6) The Information Commission may expedite the process of disposing of complaints through verbal or electronic communication with the complainant and the concerned officer and maintain record of such communication. (7) The Information Commission shall, as soon as possible, establish a state-of-the-art online portal or facility to receive, process, manage and dispose of complaints in a most efficient and cost-effective manner. | 60-day timeline established in the law. The 2019 Rules provide details of the procedures. Further information is also provided in Regulations-PIC/27/c Procedure for Processing Appeals. |
| Portugal | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Art 15.3: In the event that the complaint is not summarily dismissed, CADA shall invite the body to which the application was made to respond to the complaint within ten days. 4. In both the case of a complaint and that of the consultation provided for by Article 14(1)e, CADA shall have forty days in which to draw up the applicable situation assessment report and send it with its due conclusions to all the interested parties. 5. Once it has received the report referred to by the previous paragraph, the body to which the application was made shall communicate its duly justified final decision to the applicant within ten days, failing which there shall be deemed to be an absence of decision. | |
| Russia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Federal Law on the Prosecutor's Office of the Russian Federation, Article 23(1): (Prosecutor's appeal): The prosecutor or his deputy shall file an appeal against any legal instrument which is contrary to the law with the body or official which issued this instrument or with a higher body or official or shall apply to a court of law in accordance with the procedure laid down in the procedural legislation of the Russian Federation.(2) The appeal shall be heard within a period of not more than ten days after the date on which it was received, and in the case of an appeal against a decision of a representative (legislative) body of a subject of the Russian Federation or local self-government body, at the next session. In exceptional circumstances requiring immediate action to eliminate a violation of the law, the prosecutor may set a shorter time-limit for hearing the appeal. The outcome of the hearing of the appeal shall be notified to the prosecutor immediately in writing. (3) Where an appeal is to be heard by a collegiate body, the date of the hearing shall be notified to the prosecutor who filed the appeal. | |
| Saint Kitts and Nevis | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 43(1) | |
| San Marino | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 12 of Legge 68/1989 The administrative body hearing the case shall (a) pronounce, where appropriate, such measures suspending the enforceability of the deed deemed appropriate; (b) decide within a maximum of 15 days from the reciept of appeal whether to reject the appeal or to annul or modify it. The decision shall be communicated immediately to the party. | |
| Serbia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 22; Article 24: "The Commissioner shall reach a decision promptly and within 30 days from the submission of the complaint at the latest, upon giving the public authority and, if necessary the applicant, the opportunity to reply in writing. The Commissioner shall dismiss a complaint that is inadmissible, overdue or filed by an unauthorized person. The public authority shall prove it has acted in accordance with its obligations set forth in this Law." The public authority shall prove it has acted in accordance with its obligations set forth in this Law. [...] | |
| Sierra Leone | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 45. (1) The Commission shall, on the receipt of an application for review under section 43, as soon as is reasonably possible, and in any case not later than fifteen days after giving both the complainant and the relevant public authority an opportunity to respond in writing, make an order (a) rejecting the application; or (b) requiring the public authority to take such steps as may be necessary to bring it into compliance with its obligations under this Act, including (i) providing access to information; (ii) providing access to information in a particular form; (iii) requiring a public or private body to compensate the complainant for any loss or other detriment suffered; or (iv) imposing a fine on the public authority. | |
| Slovenia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 21 (Deciding on the request) "(1) A representative or an official referred to in Article 9 of this Act shall conduct and decide on the procedure regarding a request for or re-use of access to public information within the body, according to the provisions of the Act governing general administrative procedure. (2) When the applicant in his request appeals to the prevailing public interest for the disclosure according to second paragraph of the Article 6 of this Act or if the representative or the official judges, this provision has to be used, the matter is, based on the suggestion of the representative, decided on by the: - Government, when the body liable is a government administration body, public prosecutor\'s office, attorney general\'s office, entity of public law, the founder of which is the state, public powers holder or public service contractor on a state level; - Supreme Court, when the body liable is a court; - Council of local self-governing community, when the body liable is a body of local self-governing community, entity of public law, the founder of which is a self-governing community, public powers holder or public service contractor on a local self-government level. - The body itself, when not one of the bodies stated in the previous indents (3) Provisions on procedure and jurisdiction from the previous paragraph also apply for a request for withdrawal of the classification according to the fourth paragraph of Article 6 of this Act. (4) In the case referred to in the second and third paragraph of this Article an appeal is allowed in accordance with Article 27 of this Act." 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: As mentioned before, Art. 21 and 27 of the Access to Public Information Act refers to the General Administrative Procedure Act, which regulates the appellate procedure in detail (besides 124 general provisions that apply to both first and second instance bodies, at least 31 articles regulate the appellate procedure). Article 256 of the General Administrative Procedure Act stipulates that the appellate body must issue and serve the decision as soon as possible, but no later than in 2 months from receiving a complete appeal. |
| South Africa | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 77B Modes of complaints to Regulator (1) A complaint to the Information Regulator must be made in writing. (2) The Information Regulator must give such reasonable assistance as is necessary in the circumstances to enable a person, who wishes to make a complaint to the Information Regulator, to put the complaint in writing. 77C Action on receipt of complaint (1) The Information Regulator, after receipt of a complaint made in terms of section 77A, must- (a) investigate the complaint in the prescribed manner; (b) refer the complaint to the Enforcement Committee established in terms of section 50 of the Protection of Personal Information Act, 2013; or (c) decide, in accordance with section 77D, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint. (2) During the investigation the Information Regulator may- (a) act, where appropriate, as conciliator in relation to such complaint in the prescribed manner; or (b) take such further action as is contemplated by this Chapter. (3) The Information Regulator must, as soon as is reasonably practicable, after receipt of a complaint, advise the complainant and the information officer or head of a private body, as the case may be, to whom the complaint relates of the course of action that the Information Regulator proposes to adopt under subsection (1). 77D Regulator may decide to take no action on complaint (1) The Information Regulator, after investigating a complaint received in terms of section 77A, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Information Regulator's opinion- (a) the complaint has not been submitted within the period referred to in section 77A (2) and there are no reasonable grounds to condone the late submission; (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) it appears to the Information Regulator that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. (2) In any case where the Information Regulator decides to take no action, or no further action, on a complaint, the Information Regulator must inform the complainant of that decision and the reasons for it. 77E Pre-investigation proceedings of Regulator Before proceeding to investigate any matter in terms of this Chapter, the Information Regulator must, in the prescribed manner, inform- (a) the complainant of the Information Regulator's intention to conduct the investigation; and (b) the information officer of the public body or the head of the private body, as the case may be, to whom the complaint relates of the- (i) details of the complaint; and (ii) right of the information officer or the head to submit to the Information Regulator, within a reasonable period, a written response in relation to the complaint. 77F Settlement of complaints If it appears from a complaint, or any written response made in relation to a complaint under section 77E (b) (ii), that it may be possible to secure a settlement between the parties concerned, the Information Regulator may, without investigating the complaint or, as the case may be, investigating the complaint further, in the prescribed manner, use its best endeavours to secure such a settlement. 77G Investigation proceedings of Regulator (1) For the purposes of the investigation of a complaint the Information Regulator has powers similar to those of the High Court in terms of section 80 relating to the disclosure of records to it and non-disclosure of records by it. (2) Section 81 of the Protection of Personal Information Act, 2013, applies to the investigation of complaints in terms of this Chapter. 97. (1) A responsible party on whom an information or enforcement notice has been served may, within 30 days of receiving the notice, appeal to the High Court having jurisdiction for the setting aside or variation of the notice. (2) A complainant, who has been informed of the result of the investigation in terms of section 77(3) or 96, may, within 180 days of receiving the result, appeal to the High Court having jurisdiction against the result | |
| South Korea | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Admin. Appeals Act various provisions | Very detailed procedures throughout the Act. |
| Spain | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Artículo 24 (Reclamación ante el Consejo de Transparencia y Buen Gobierno): 2. La reclamación se interpondrá en el plazo de un mes a contar desde el día siguiente al de la notificación del acto impugnado o desde el día siguiente a aquel en que se produzcan los efectos del silencio administrativo. | |
| Sri Lanka | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Section 32. (1) Any citizen aggrieved by: (a) the decision made in respect of an appeal under section 31(1), may within two months of the communication of such decision; may appeal against that decision or the failure, to the Commission and the Commission may within thirty days of the receipt of such appeal affirm, vary or reverse the decision appealed against and forward the request back to the information officer concerned for necessary action. ... (3) The Commission shall give reasons for its decisions in writing, to the appellant, the information officer and the public authority concerned. | |
| Sweden | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | The Act with Instructions for the Parliamentary Ombudsmen Complaints 17."Complaints should be made in writing. The written complaint should indicate which authority the complaint is made about, the action which the complainant is referring to, the date of the action, together with the name and address of the complainant. If the complainant possesses a document which is of significance in dealing with and assessing the case, this should be appended. A person who has been deprived of his liberty may write to the Ombudsmen, without being prevented by the restrictions on sending letters and other documents which may apply to him. At the complainant’s request, confirmation is to be issued by the secretariat of receipt of the complaint." Article 20. "The Ombudsmen should not initiate inquiries into circumstances which date back two or more years, unless there are exceptional grounds for doing so." The administrative procedure act Section 23 "An appeal against a decision shall be made in writing. In his letter the appellant shall indicate which decision he is appealing against and the alteration to the decision that he desires. The letter of appeal shall be delivered to the authority that made the decision. It must be delivered to the authority within three weeks from the date when the appellant was notified of the decision. " | To appeal against to general administrative court the timeline is 3 weeks. To Ombudsman - not longer than two years. |
| Switzerland | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Articles 13 (Mediation). Section 2: " The request for mediation must be filed in writing with the Federal Data Protection and Information Commissioner within 20 days of receipt of the decision from the authority or the date of the authority’s failure to comply with the deadline. " Article 14 (Recommendation): "Should mediation fail, the Federal Data Protection and Information Commissioner shall provide the participants to the mediation proceedings with a written recommendation within 30 days of receipt of the request for mediation." Article 15 (Decision): "Within ten days of receipt of the recommendation, the applicant or the person consulted may request a decision pursuant to Article 5 of the Administrative Procedure Act of 20 December 1968 2 Furthermore, the authority shall hand down a decision, where, contrary to the recommendation, it intends to: a. limit, defer or refuse the right of access to an official document; b. grant the right of access to an official document containing personal information. 3 A decision shall be issued within 20 days of receipt of the recommendation or the request for a decision pursuant to paragraph 1 above." | |
| Ukraine | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Law of the Ukrainian Parliament Commissioner for Human Rights, Article 17.1 The Commissioner shall receive and consider appeals of citizens of Ukraine, foreigners, stateless persons or persons acting in their interests, in accordance with the Law of Ukraine «On Appeals of Citizens». 17.2 Appeals shall be submitted to the Commissioner in a written form within the period of one year after disclosure of the act of violation of human and citizens' rights and freedoms. In case of exceptional circumstances, this period can be extended by the Commissioner, but should not exceed two years. Law of Ukraine «On Citizens’ Appeals» Article 20.1 Time for processing of applications of citizens Applications shall be processed and decided upon not later than in one-month term from the day of their receipt, and those which do not require any additional investigation shall be processed without undue delay, but not later than in fifteen days from the day of their receipt. If it is not possible to solve the issues, raised in the application, within one-month term, the head of the corresponding body, enterprise, institution or his/her deputy shall identify the necessary time for its processing and notify the applicant about it. However, the total time for solving the issues, raised in the application, shall not exceed forty-five days. 20.2 On citizen's reasonable request the time for processing, established by this article, can be reduced. 20.3 Application of citizens, who have privileges established by law, are processed in priority order. | Law of Ukraine «On Citizens’ Appeals» (available here) |
| Vanuatu | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 68. Decision on appeal and publication of decisions (1) The Information Commissioner must within 30 days after receiving an appeal, make a decision on the appeal after giving the parties an opportunity to present their arguments in writing. | - |
| Yemen | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 31: "The office has to answer to the complaint within a period not exceeding thirty days from the date of its submission to him and the Office must immediately after receiving the complaint send a letter to the employee in charge in the party that has rejected the request for access to information, in which he will be informed of his complaint and will get a copy of the reasons that the employee in charge has identified for refusal. And the Commissioner General who acts as an arbitrator has to decide independently whether a refusal to disclose legal, or not shall be taken and then bind the party of the necessity of meeting the demand within seven days of the issuance of his decision." 35: "The Commissioner General is to follow up and issue decisions on appeals submitted to the Office and the appointment of office staff and to implement a system of their own in order to apply the provisions of this law." | 31 has timelines - complaints must be responded to within 30 days of receipt. The section also contains some procedures - this would be further clarified by regulation according to Art 35. |
| Zimbabwe | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 36 (1) An appeal shall— (a) be lodged in the prescribed form and within thirty days of the date of notification of the decision appealed against; and (b) be delivered or sent to the Commission; and (c) identify the subject of the appeal and state the reasons for the appeal and may include any other relevant information known to the appellant; and (d) if, in addition to a written response, the appellant wishes to be informed of the decision on the appeal in any other manner, provide the necessary details to that effect; and (e) if applicable, be accompanied by the prescribed fee referred to in subsection (3); and (f) specify the appellant’s address and phone number. (2) If— (a) an appeal is lodged after the expiry of the period referred to in subsection (1), the Secretary of the Commission may, on good cause shown, allow the late lodging of the appeal; or (b) the Secretary of the Commission disallows the late lodging of the appeal, the Secretary shall give notice of that decision to the appellant. (3) An appeal against the refusal of a request for access to information shall be accompanied by the prescribed fee, if any and if a fee is payable, the decision on the appeal may be deferred until such fee is paid. (4) As soon as reasonably possible, but in any event within ten working days of the date of the lodging of an appeal, an information officer shall submit to the Secretary of the Commission the application for access to information together with the officer’s reasons for refusing access. (5) The Commission shall prescribe expedited procedures for the hearing of appeals made in the circumstances referred to in section 8(10). See also ss. 37 and 38. | Where a third party lodges the appeal, the law only refers to notifying the applicant and not his/her rights such as to make representations |
| Andorra | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | No hay plazos para interponer el recurso (remite a revisar ley de procedimientos administrativos) |
| Australia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 55 Procedure in IC review—general (1) The Information Commissioner may, for the purposes of an IC review, review an IC reviewable decision by considering the documents or other material lodged with or provided to the Information Commissioner, and without holding a hearing, if: (a) it appears to the Information Commissioner that the issues for determination on the IC review can be adequately determined in the absence of the review parties; and (b) the Information Commissioner is satisfied that there are no unusual circumstances that would warrant the Information Commissioner holding a hearing; and (c) none of the review parties have applied for a hearing under section 55B. (2) The Information Commissioner may otherwise: (a) conduct an IC review in whatever way he or she considers appropriate; and (b) use any technique that the Information Commissioner considers appropriate to facilitate an agreed resolution of matters at issue in the IC review (for example by using techniques that are used in alternative dispute resolution processes); and (c) allow a person to participate in an IC review by any means of communication; and (d) obtain any information from any person, and make any inquiries, that he or she considers appropriate; and (e) give written directions as to the procedure to be followed in relation to: (i) IC reviews generally; or (ii) a particular IC review. (...) (4) Without limiting subsection (2), the Information Commissioner must, in relation to an IC review: (a) conduct the IC review with as little formality and as little technicality as is possible given: (i) the requirements of this Act; and (ii) the requirements of any other law; and (iii) a proper consideration of the matters before the Information Commissioner; and (b) ensure that each review party is given a reasonable opportunity to present his or her case; and (c) conduct the IC review in as timely a manner as is possible given the matters mentioned in subparagraphs (a)(i) to (iii). (5) If the Information Commissioner holds a hearing, the Information Commissioner: (a) must hold the hearing in public, unless the Information Commissioner is satisfied that it is not desirable to do so: (i) because of the confidential nature of any evidence or matter relating to the proceeding; or (ii) for any other reason; and (b) is not bound by the rules of evidence; and (c) may hold a part of the hearing in the absence of a review party (or a review party’s representative) if it is necessary to do so to prevent disclosure to the review party (or the review party’s representative) of any evidence or matter relating to the proceeding that is of a confidential nature. | Ss. 54Z through 55J give a fairly clear outline for appeal procedures. However, s. 55(2)(a) lets the Information Commissioner "conduct an IC review in whatever way he or she considers appropriate," and there are no timelines beyond the s. 55(4)(c) requirement to "conduct the IC review in as timely a manner as is possible..." |
| Belgium | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Loi n° 94-1724, Article 6.2 establishes that the Commission has to answer in 30 days, on case of silence the answer is refusal. | |
| Benin | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 103: La Haute Autorité de l’Audiovisuel et de la Communication statue dans un délai de trente (30) jours à compter de la date de saisine. | Limited procedures. |
| Bolivia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 16(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. | Just timelines. |
| Bosnia and Herzegovina | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Law on human right ombudsman of Bosnia and Herzegovina 22/01/2001. | Time frame is not mentioned but the procedure is clear. |
| Burkina Faso | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Article 78 : En cas de saisine, l’Autorité émet un avis dans un délai qui ne peut excéder vingt jours pour compter de l’enregistrement de la demande. L’Autorité notifie son avis à l’intéressé et à l’organisme de service public mis en cause. L’organisme de service public mis en cause informe, dans un délai de dix jours à compter de la réception de l’avis, de la suite donnée à la demande. Passé ce délai, le silence gardé par l’organisme mis en cause vaut confirmation de la décision de rejet. | Only timelines. |
| Canada | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Clear procedure spelled out here: http://www.oic-ci.gc.ca/eng/investigations-enquetes.aspx. The website does say that the Information Commissioner aims to complete administrative complaints within 90 days and rejections within 6 months, but these are not firm timelines. |
| Chile | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | ARTICLE 25. El Consejo notificará la reclamación al órgano de la Administración del Estado correspondiente y al tercero involucrado, si lo hubiere, mediante carta certificada. La autoridad reclamada y el tercero, en su caso, podrán presentar descargos u observaciones al reclamo dentro del plazo de diez días hábiles, adjuntando los antecedentes y los medios de prueba de que dispusieren. El Consejo, de oficio o a petición de las partes interesadas, podrá, si lo estima necesario, fijar audiencias para recibir antecedentes o medios de prueba. ARTICLE 26. Cuando la resolución del Consejo que falle el reclamo declare que la información que lo motivó es secreta o reservada, también tendrán dicho carácter los escritos, documentos y actuaciones que hayan servido de base para su pronunciamiento. En caso contrario, la información y dichos antecedentes y actuaciones serán públicos. En la situación prevista en el inciso precedente, el reclamante podrá acceder a la información una vez que quede ejecutoriada la resolución que así lo declare. ARTICLE 27. La resolución del reclamo se dictará dentro de quinto día hábil de vencido el plazo a que se refiere el artículo 25, sea que se hayan o no presentado descargos. En caso de haberse decretado la audiencia a que se refiere el mismo artículo, este plazo correrá una vez vencido el término fijado para ésta. La resolución del Consejo que otorgue el acceso a la información, fijará un plazo prudencial para su entrega por parte del órgano requerido. La resolución será notificada mediante carta certificada al reclamante, al órgano reclamado y al tercero, si lo hubiere. En la misma resolución, el Consejo podrá señalar la necesidad de iniciar un procedimiento disciplinario para establecer si algún funcionario o autoridad ha incurrido en alguna de las infracciones al Título VI, el que se instruirá conforme a lo señalado en esta ley. | Art 25 - 27 involves a relatively clear procedure, but no timeline for the council to resolve the matter. |
| Denmark | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Danish Ombudsman Act, Article 13. "Any person deprived of his personal liberty shall be entitled to address written communications to the Ombudsman in a sealed envelope". | No clear procedures listed (1 point loss). |
| Ethiopia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 33(2) The Ombudsman shall decide any appeal under Article 31(4) within thirty days. | 33(2) gives a timeline of 30 days, but procedures are fuzzy otherwise. |
| Fiji | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Article 22(2) The Commission, upon receipt of a complaint under subsection (1), may require the public agency to provide a written explanation for the failure or the refusal to provide the information. (3) A public agency that is required by the Commission under subsection (2) to provide a written explanation must provide the written explanation to the Commission within 10 days from the receipt of the requirement from the Commission to provide the written explanation. Article 23. Subject to section 19, upon receipt of the written explanation from a public agency under section 22, the Commission may undertake such steps as the Commission deems necessary, including holding meetings with the public agency and the person who made the request for the information, to facilitate the access to the information which has been requested by the person. Article 24(1) If the Commission, after receipt of the written explanation from a public agency under section 22 and after undertaking such steps as necessary to facilitate access to the information, is satisfied that the public agency has failed or refused to provide access to the information contrary to this Act, the Commission may make an application to the High Court for an order requiring the public agency to provide access to the information. (2) The High Court must, upon receipt of an application from the Commission under subsection (1), make a determination on the application within 30 days from the date of the application. Article 25(2) The High Court, upon receipt of an appeal under subsection (1), must make a determination on the appeal within 30 days from the date of the appeal. | Not very clear but at least time limits include court cases. |
| Gambia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 67 - 73. | While there are procedures in place for the Commissioner's appeal process, no timelines are stated. |
| Ghana | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 68(1) In a matter before the Commission. reasonable opportunity shall be given to (a) the applicant; (b) the head of the public institution or relevant private body concerned; and (c) a third party, if the information requested contains third party information and the third party can be reasonably located. (2) The Commission shall uphold the right of the public to be present during a hearing except when. in the view of the Commission, the circumstances dictate that the hearing should be held in camera. 69(1) The Commission shall serve notice on all relevant parties of (a) its findings on (i) an investigation, or (ii) monitoring, (b) its summary findings, (c) an application, (d) a decision on a hearing, or (e) a referral to an appropriate Court, including a right of appeal. (2) Where in the view of the Commission, service of the notice of the finding will cause prejudice as a result of the sensitive nature of the exempt information, the Commission shall amend the finding in the appropriate manner. (3) The Commission may decide to dispense with notification where giving notice may (a) prejudice the conduct of an investigation of a breach or possible breach of the law; (b) prejudice the enforcement or administration of the law; (c) endanger the life or physical safety of a person, (d) cause substantial prejudice to the commercial interests of a private individual or a private business; or (e) impair relations between Ghana and other States. | Procedures but no time limits |
| Greece | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | [Law on the Ombudsman of Greece] Article 4(1) The Ombudsman undertakes the investigation of any issue within his jurisdiction, following a signed complaint submitted by any directly concerned person or legal entity or union of persons. [...] (2) The Ombudsman may also proceed to the investigation of cases on his own initiative [...] (4) The complaint shall be lodged within six (6) months from the date on which the applicant has been fully informed of the acts or omissions for which he/she has appealed to the Ombudsman, and is recorded in a special register. [...] | The law provide the main lines of the procedure. |
| Guinea | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 39. En cas de refus de la demande par le chef de l'organisme concerné ou en cas de défaut de réponse de sa part à l'expiration du délai de dix (10) jours à compter de la date de réception de la demande de révision, le demandeur d'accès peut interjeter appel devant l'instance d'accès à l'information mentionnée à l'article 46 de la présente loi, et ce, dans un délai ne dépassant pas les vingt (20) jours à compter de la réception de la décision du refus du chef de l'organisme ou de la date du refus tacite. L'instance statue sur le recours dans un délai ne dépassant pas les quarante-cinq ( 45) jours à compter de la réception de la demande de recours. La décision d'instance est exécutoire pour l'organisme concerné. 50. Un Décret du Président de la République fixes les attributions, l'organisation et le fonctionnement de la CAIP. Le règlement intérieur de la CAIP complète les dispositions de ce Décret. | Timelines but no procedures; these may be addressed through regulations. |
| India | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Procedures, but no timelines. |
| Indonesia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 38(1) The Central Information Commission and the Provincial Information Commission and/or the District/Municipal Information Commission shall begin to proceed the settlement of the public information dispute by Mediation and/or non-litigation Adjudication, no later than 14 (fourteen) working days from the receipt of the request to settle the public information dispute. (2) The process of the settlement of a dispute as referred to in paragraph (1) may be completed no later than within 100 (a hundred) working days. | There is a timeframe - but 100 working days is too long. |
| Iran | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 1 | N/A | Timelines are in place for appeals. |
| Israel | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Expert - clear procedure for judicial appeals yes, timelines no. |
| Jamaica | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | No timelines, but clear procedures have been set out in the Tribunal Regulations adopted by Parliament. |
| Kenya | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Article 22(1) A person wishing to lodge a complaint under this Act shall do so orally or in writing to the secretary or such other person as may be duly authorized by the Commission for that purpose. (2) A complaint lodged under subsection (1) shall be in such form and contain such particulars as the Commission may, from time to time, prescribe. (3) Upon receipt of a complaint under subsection (1), the Commission may - (a) call for information or a report regarding such complaint from the public entity or any other body within such reasonable time as may be specified by the Commission and - (i) if the information or report called for is not received within the time stipulated by the Commission, the Commission may proceed to inquire into the complaint without such information or report; and (ii) if on receipt of the information or report the Commission is satisfied either that no further action is required or that the required action has been initiated by the public entity, the Commission shall, in writing, inform the complainant accordingly and take no further action; or (b) without prejudice to paragraph (a), initiate such inquiry as it considers necessary, having regard to the nature of the complaint. | Clear procedures - no mention of timelines. |
| Lebanon | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | The Anti-Corruption Body is required to rule within two months, though there are no procedures beyond this. |
| Luxembourg | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | A10(2): La Commission d’accès aux documents communique son avis au demandeur et à l’organisme concerné dans les deux mois de la saisine. | Timelines but no real other procedures (there are some rules about quroum and voting in A11(3) but this is not the same thing. |
| Mongolia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Human Rights Commission Act 12.1. A Complainant shall lodge a complaint within 1 (one) year from the date on which his/her rights and freedoms were violated or from the date on which he/she came to know about such violation. 12.2. The Commission shall not accept any complaint without a name or address on it. 12.3. The Commission shall give a reply within 30 (thirty) days from the date of receipt of a complaint, and if there is need for additional research and inquiry required, the Chief Commissioner may extend it up to 60 (sixty) days. | Clear timelines but no procedures |
| Morocco | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 20(1) Le demandeur d'informations a le droit de déposer une plainte auprès de la commission visée à l'article 22 ci-dessous, dans un délai ne dépassant pas trente (30) jours après l'expiration du délai réglementaire imparti pour répondre à la plainte adressée au président de l'institution ou de l'organisme ou à compter de la date de réception de la réponse à cette plainte. La commission est tenue d'étudier la plainte et d'informer l'intéressé de la suite qui lui a été réservée dans un délai de trente (30) jours à compter de la date de sa réception. 26. Les règles de fonctionnement de la commission sont fixées en vertu d'un règlement intérieur élaboré par son président qui le soumet à l'approbation de la commission avant son entrée en vigueur. Ce règlement intérieur est publié au « Bulletin officiel ». | 30 days; procedures to be regulated by the Commission, once created. |
| New Zealand | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Ombudsmen Act 1975 contains fairly clear procedures – but no timelines. |
| Niger | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 28: Le médiateur de la République est l’institution chargée de veiller au respect du droit d’accès des citoyens à l’information publique telle que prévu par la présente ordonnance. 29: En cas de saisine par un citoyen qui rencontre des difficultés pour obtenir la communication d’une information publique, le médiateur émet un avis dans un délai ne pouvant excéder dix (10) jours pour compter de l’enregistrement de la demande au secrétariat. Le médiateur notifie son avis à l’intéressé et à l’autorité mise en cause. L’autorité mise en cause informe le médiateur, dans un délai de dix (10) jours suivant la réception de l’avis, de la suite qu’elle entend donner à la demande. Passé ce délai, le silence gardé par l’autorité mise en cause vaut confirmation de la décision de rejet. | Articles 28 and 29 has a timeline for the Ombudsman, as well as some procedures. |
| Peru | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Law 27444. |
| Poland | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Some are clearly presented in Article 22 of the Act, and the rest in the law on proceedings before the administrative courts. | |
| Romania | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Article 22(5): Both the complaint and the appeal shall be heard in court in an emergency procedure and shall be exempt from stamp duty. | Timelines not specified, however it does state that they will be expedited in the courts. |
| Saudi Arabia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | 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. | Clear procedures are in place for appeals (Figure 4 on page 46 also provides a useful flowchart to illustrate the procedure). Neither the Regulation nor the procedural rules for the Board of Grievances (https://www.saudiembassy.net/board-grievances-procedural-rules) mention timelines for dealing with appeals. |
| Seychelles | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 60. The Information Commission shall notify the head of the information holder concerned of the intention to carry out an investigation or hearing with a copy of the appeal before commencing an investigation or hearing under this Act. 62.(1) In any matter before the Information Commission, a reasonable opportunity to make representations shall be given to - (a) the person who made the application, and to the requester, if he or she is not the applicant; (b) the head of the information holder concerned; (c) a third party if the information requested contains third party information and the third party can reasonably be located. (2) The right to be present during a hearing shall be upheld except when, in the view of the Information Commission, the circumstances dictate the holding of a hearing in camera. (3) With respect to any matter before it, Information Commission has the power to - (a) summon witnesses, or any person where necessary; (b) summon expert witnesses where appropriate; (c) allow interested parties on application to join proceedings, (d) provide assistance to applicants where appropriate, (e) allow relevant persons to participate hearings; (f) compel any witness or evidence it considers necessary for the resolution of a matter; and (g) administer oaths and receive any such evidence it deems necessary under oath or on affidavit. The Information Commission shall produce a statement of facts, findings and reasoning for decisions on matters before it, a copy of which shall be provided to all parties to the matter free of charge. | Procedures but no time limits. |
| South Sudan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 42(1) contains a timeline, though procedures are a little unclear. | |
| Taiwan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Procedures are contained in Article 57 to 94 of Administrative Litigation Act |
| Thailand | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Section 13. Any person, who considers that a State agency fails to publish the information under section 7, fails to make the information available for public inspection under section 9, fails to provide him with the information under section 11, violates or fails to comply with this Act, or delays in performing its duties, or considers that he does not receive convenience without reasonable cause, is entitled to lodge a complaint with the Board, except where it is the case concerning the issuance of an order prohibiting the disclosure of information under section 15 or an order dismissing the objection under section 17 or an order refusing the correction, alteration or deletion of the personal information under section 25. In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days. | Section 13 provides timelines but no procedures for appeals. |
| Togo | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Article 49 : En cas de saisine par une personne qui rencontre des difficultés pour obtenir la communication d'une information ou des documents publics, le médiateur de la République émet un avis dans un délai maximum de quinze (15) jours à compter de l'enregistrement de la demande à son secrétariat. Le médiateur de la République notifie son avis à l'intéressé et à l'autorité mise en cause. L'autorité mise en cause informe le médiateur de la République, dans un délai de quinze (15) jours suivant la réception de l'avis, de la suite qu'elle entend donner à la demande. Passé ce délai, le silence gardé par l'autorité mise en cause vaut rejet. | Clear timelines but no other procedures. |
| Trinidad and Tobago | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | The Ombudsman Act, available here, spells out relatively clear procedure, but no mention of timelines. |
| Tunisia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Art. 30 - ... L’instance statue sur le recours dans les plus brefs délais à condition de ne pas dépasser les quarante cinq (45) jours à compter de la réception de la demande de recours, sa décision est contraignante pour l’organisme concerné. | Timelines but no other procedures. |
| Uganda | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Clear procedure, but no timelines. |
| United Kingdom | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Sections 50 and 51. | Timelines are not clearly specified. |
| United States | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | There are clear procedures, particularly as these cases are generally decided on summary judgment, but no timelines. | |
| Uzbekistan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | There are clear judicial procedures, but no timelines. |
| Zambia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | HRC Act (various), ATI Act 39 | |
| Belize | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not for the Ombudsman | |
| Bulgaria | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned |
| China | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | |
| Cook Islands | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | The Official Information Act and the Ombudsman's website are all silent on procedure. There are some things listed in the Ombudsman Act, but it's still rather vague on how the actual process moves forward, and contains no timelines. |
| Dominican Republic | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | No special rules for court cases on this issue. |
| Estonia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Finland | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Georgia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | |
| Germany | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Guatemala | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Guyana | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Italy | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | No national level appeals mechanism, although clear procedures for local Ombudsman. |
| Ivory Coast | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Decree 2014-462 of 6 August 2014, 30(1). La CAIDP est saisie par tout intéressé, par voie de requête écrite adressée à son Président. (2) Elle peut se saisir d'office. 31(1). Après saisine de la CAIDP, le Conseil procède à l'examen du dossier. (2) Si le Conseil estime qu'il y a lieu de procéder à des investigations, il en informe immédiatement l'organisme public concerné. Au terme de l'enquête, un procès-verbal est rédigé et transmis au Conseil. (3) Le Conseil peut en toutes hypothèses mettre en demeure les organismes publics concernés, de se conformer aux prescriptions légales. | No details provided on appeal procedures and no deadline for rendering a decision (only for delivering decisions once made). |
| Japan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Kazakhstan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Note that the only timelines in place, under Article 18, restrict the timeline for requesters to file an appeal. There are no restrictions for resolving these appeals. |
| Kuwait | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Latvia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Liberia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | No timelines, no procedures. | |
| Liechtenstein | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned in law nor regulation. |
| Lithuania | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Malta | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned. | |
| Moldova | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Monaco | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned |
| Montenegro | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned. | |
| Mozambique | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned |
| Nigeria | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Palau | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned | |
| Panama | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Neither procedures nor timelines are mentioned. | |
| Paraguay | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | |
| Philippines | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | |
| Qatar | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned | |
| Rwanda | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned. | |
| Slovakia | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Sudan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | 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, | No procedures yet. |
| Tajikistan | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | |
| Tanzania | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | No special provisions on procedures for appeals before the courts.. |
| Turkey | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Uruguay | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
| Venezuela | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Article 55 of the Law establishing the Ombudsman says internal regulations will establish procedures. There are internal regulations dealing with the structure of the Ombudsman but we could not locate any establishing clear procedures for handling complaints. |
| Vietnam | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | There is no proper external appeal to a body outside of government. |
