By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 34(3) The Commission can obligate the institutions during the redressal of complaint to make necessary decisions in order to improve the affairs of the Public Information Officers, proper management of documents, publication of information and publishing of annual reports. | |
| Antigua and Barbuda | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 42(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. Art 43(1) - (1) Where Commissioner decides that a public authority has failed to comply with an obligation pursuant to Part II, the Commissioner may require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under Part II, including the following:(a) appointing an information officer; (b) publishing the relevant information and categories of information; (c) making relevant changes to its practices in relation to the keeping, management and destruction of records, and the transfer of records to the Archives and Records Office; (d) enhancing the provision of training on the right to information for its officials; (e) providing the Commissioner with an annual report, in compliance with section 14; (f) in cases of unreasonable or willful failure to comply with an obligation under Part III, paying a fine. (2) The Commissioner shall serve notice of the decision, to the public authority together with information regarding the right of the public authority to a review of the Commissioner's decision. | |
| Argentina | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | ARTÍCULO 24° — Competencias y funciones. Son competencias y funciones de la Agencia de Acceso a la Información Pública: e) Requerir a los sujetos obligados que modifiquen o adecuen su organización, procedimientos, sistemas de atención al público y recepción de correspondencia a la normativa aplicable a los fines de cumplir con el objeto de la presente ley; q) Impulsar las sanciones administrativas pertinentes ante las autoridades competentes correspondientes en los casos de incumplimiento a lo establecido en la presente ley; | |
| Australia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 88 Information Commissioner investigations—what are the investigation recommendations? The investigation recommendations, in relation to the investigation, are the formal recommendations to the respondent agency that the Information Commissioner believes that the respondent agency ought to implement. 89 Information Commissioner investigations—failure to implement investigation recommendation (...) (2) The Information Commissioner may, by notice in writing (an implementation notice), require the respondent agency to: (a) give to the Information Commissioner particulars of any action that the agency proposes to take to implement the investigation recommendations for the investigation; and (b) give the particulars within the time specified in the notice. (3) The respondent agency must comply with the implementation notice. 89A Information Commissioner investigations—failure to take action in response to implementation notice (...) (2) The Information Commissioner may give a written report to the responsible Minister that contains the matters set out in section 89B. (3) If the Information Commissioner gives a report to the responsible Minister under subsection (2), the Information Commissioner must give a copy (or a copy prepared in accordance with subsection (4)) of the report to the Minister (the FOI Minister) responsible for the administration of this Act. (...) (5) The FOI Minister must cause the copy of the report to be laid before each House of the Parliament. | |
| Bangladesh | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 13(5): "The Functions of the Information Commission shall be as follows namely:- (a) to issue directives for the preservation, management, publication, publicity of and access to information by authority; (b) to prescribe the procedure for applying for information from the authority and, as the case may be, to fix appropriate price of information; (c) to formulate guidelines and directives as to the preservation and implementation of the right to information of the citizens; (d) to consider the provisions recognized under the Constitution of the People's Republic of Bangladesh or any other law for the time being in force in order to preserve the right to information and recommend to the Government for their effective implementation by indicating the impediments; (e) to identify the impediments against the preservation and implementation of right to information of the citizens and recommend to the Government for appropriate solution; (f) to conduct research on the agreements relating to the right to information and other international instruments and to recommend to the Government for their implementation; (g) to examine the similarities of the prevailing law relating to the maintenance and implementation of the right to information of the citizens and to make necessary recommendation to the Government or, as the case may be, to the appropriate authority in order to ensure their harmonization with the international instruments; (h) to advise the Government to ratify or sign any international instrument on right to information; (i) to conduct research on preservation and implementation of the right to information and to assist the educational and professional institution for conducting such research; (j) to publicize the issues relating to the preservation and implementation of the right to information among different classes of citizens of the society and to increase their awareness about the right to information by publishing, disseminating or any other means; (k) to advise and provide assistance to the Government in order to make necessary laws and administrative directives for preservation and implementation of right to information; (l) to advise and provide assistance to the organizations or institutions working for the preservation and implementation of the right to information and to citizens in general; (m) to increase public awareness on right to information by conducting research, seminars, symposiums, workshops and similar other measures and disseminate the result obtained from the research; (n) to give the authority technical and other assistance with a view to ensuring right to information; (o) to establish a web portal for Bangladesh to ensure right to information; (p) to oversee the actions taken under any other law relating to the preservation and implementation of the right to information;" 25(11): "At the time of taking decision under this section, the Information Commission shall have the following powers namely:- (a) to direct the authority or, as the case may be, the officer-in-charge to take the following steps which are necessary to take under the provisions of this Act, namely:- (i) to provide the requested in formation in a specific manner; (ii) to appoint an officer-in-charge; (iii) to publish any special information or special class of information; (iv) to being changes in the procedures to be followed by the authority in respect of preservation, management or publication of information; (v) to impart better training on right to information to the officers of the authority; (vi) to give compensation for any loss or damage; (b) to impose fines under this Act; (c) to keep the decision of the authority in force; (d) to reject any complaint; (e) to classify the information newly by the authority; (f) to interpret any matters relating to the nature, classification, preservation, publication, supply of information in the light of this Act." | |
| Brazil | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Article 16. Paragraph 2. After upholding the appeal, the Office of the Comptroller General shall require the organ or entity to take the necessary steps to comply with this Law. Article 68. In observance of the attributions of other bodies and entities and the specific provisions set forth in this Decree, the Office of the Comptroller General is entitled to: (...) III – promote training activities for the public agents and, whenever possible, to build capacity of not-for- profit private entities with regard to the development of practices related to the transparency within the government;(...) | Law Art 16 Para 2 and Reg 68(III) seems to grant this power. |
| Canada | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 36.1 (1) If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made (a) to disclose the record or a part of the record; and (b) to reconsider their decision to refuse access to the record or a part of the record. (3) The order may include any condition that the Information Commissioner considers appropriate. | 36.1(3) allows the Commissioner to include "any condition" that he or she considers appropriate in an order. While this is new since 2019 and remains to be fully tested, it would presumably include the power to make orders as to structural measures that need to be taken. |
| Costa Rica | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Ley de Jurisdicción Constitucional. 49. Cuando el acto impugnado sea de carácter positivo, la sentencia que conceda el amparo tendrá por objeto restituir o garantizar al agraviado en el pleno goce de su derecho, y restablecer las cosas al estado que guardaban antes de la violación, cuando fuere posible. Si el amparo hubiere sido establecido para que una autoridad reglamente, cumpla o ejecute lo que una ley u otra disposición normativa ordena, dicha autoridad tendrá dos meses para cumplir con la prevención. Cuando lo impugnado hubiere sido la denegación de un acto o una omisión, la sentencia ordenará realizarlo, para lo cual se otorgará un plazo prudencial perentorio. Si se hubiere tratado de una mera conducta o actuación material, o de una amenaza, se ordenará su inmediata cesación, así como evitar toda nueva violación o amenaza, perturbación o restricción semejante. En todo caso, la Sala establecerá los demás efectos de la sentencia para el caso concreto. 53. Firme la sentencia que declare procedente el amparo, el órgano o servidor responsable del agravio deberá cumplirla sin demora. Si no lo hiciere dentro de las cuarenta y ocho horas siguientes a su firmeza, la Sala se dirigirá al superior del responsable y le requerirá para que lo haga cumplir y abra el correspondiente procedimiento disciplinario contra aquél. Al mismo tiempo, mandará abrir proceso contra el culpable o los culpables, y, pasadas otras cuarenta y ocho horas, contra el superior que no hubiere procedido conforme con lo expuesto, salvo cuando se trate de funcionarios que gocen de fuero privilegiado, en cuyo caso se comunicará al Ministerio Público para lo que proceda. | Appears Court's powers in amparo cases are broad enough to cover this. Ley de Jurisdicción Constitucional: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=38533&nValor3=87797 |
| Croatia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Art.49.: (1) After conducting the inspectional supervision, the Inspector shall draft the minutes on the identified illegal practices, irregularities and deficiencies. (2) The minutes of the inspectional supervision from the paragraph 1 of this Article (hereinafter: Minutes) must contain the following: 1) factual situation and breaches of laws and other regulations, irregularities and deficiencies in work, 2) evaluation of the situation, 3) measures for ordering a removal of any illegal practices identified, and the deadline for the execution of ordered measures, 4) proposals for the removal of identified irregularities and deficiencies in work, 5) obligation of reporting to the Inspector on the measures taken, 6) instructions on the right to file a complaint. | In the minutes of the inspectional supervision Inspector can proscribe measures to deal away with irregularities and deficiencies in the work of the public body, and designated deadline for implementation of these measures. These may include "structural measures" as well. (The practice of inspectional supervision is not yet established.) |
| Cyprus | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | "Article 44 (Issuance of Commissioner Decision) 44 (1) Ο Επίτροπος, αφού εξετάσει το παράπονο που υποβάλλεται δυνάμει των διατάξεων του άρθρου 42, εκδίδει απόφαση η οποία είναι δεσμευτική. (2) Η απόφαση του Επιτρόπου δυνατό να είναι απορριπτική στην περίπτωση που - (α) Ο παραπονούμενος δεν έχει εξαντλήσει τις διαδικασίες παραπόνων που προσφέρονται από τη δημόσια αρχή σύμφωνα με τον κώδικα πρακτικής που εκδίδεται δυνάμει των διατάξεων του εδαφίου (1) του άρθρου 39· ή (β) υπήρξε μη εύλογη καθυστέρηση στην υποβολή του παραπόνου, ή (γ) το αίτημα είναι καταχρηστικό ή έκδηλα παράλογο· ή (δ) προκύπτει από τα γεγονότα της υπόθεσης ότι το αίτημα έχει μεταγενέστερα ανακληθεί ή εγκαταλειφθεί. (3) Σε περίπτωση που ο Επίτροπος αποφασίζει ότι δημόσια αρχή- (α) Δεν έχει παράσχει πληροφορίες ή δεν παρείχε επιβεβαίωση ή άρνηση κατοχής πληροφοριών ενώ όφειλε να το είχε πράξει δυνάμει των διατάξεων του εδαφίου (1) του άρθρου 8· ή (β) δεν έχει συμμορφωθεί με οποιεσδήποτε από τις προϋποθέσεις των διατάξεων των άρθρων 9, 13 και 19, στην απόφασή του καθορίζει τα μέτρα που πρέπει να λάβει η δημόσια αρχή για να συμμορφωθεί με τις πιο πάνω απαιτήσεις και τη χρονική περίοδο εντός της οποίας πρέπει να ληφθούν τα μέτρα αυτά καθώς και λεπτομέρειες για το δικαίωμα ένστασης που προβλέπεται στο εδάφιο (2) του άρθρου 45. (4) Σε περίπτωση που ο Επίτροπος, στο πλαίσιο άσκησης των αρμοδιοτήτων του δυνάμει των διατάξεων του άρθρου 37, κρίνει ότι δημόσια αρχή δεν έχει συμμορφωθεί με οποιαδήποτε διάταξη του Μέρους ΙΙ, δύναται να εκδώσει απόφαση με την οποία καθορίζει τα μέτρα που πρέπει να λάβει η δημόσια αρχή για να συμμορφωθεί και τη χρονική περίοδο εντός της οποίας πρέπει να ληφθούν τα μέτρα αυτά, καθώς και λεπτομέρειες για το δικαίωμα ένστασης που προβλέπεται στις διατάξεις του εδαφίου (2) του άρθρου 45." | |
| El Salvador | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | ARTICLE 85 "El Instituto podrá adoptar las medidas cautelares que se estimen necesarias para asegurar la eficacia de la resolución que definitivamente se dicte, el buen fin del procedimiento, evitar el mantenimiento de los efectos de la infracción y las exigencias de los intereses generales en cualquier momento del procedimiento, mediante resolución motivada. En particular, podrá: (...)" | Article 85 allows for this. |
| Ethiopia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 33(3) The ombudsman shall have the power to reject any appeal, or to order any public body to provide the requested information or to take such other action as is appropriate to ensure that the public body meets its obligations under this Proclamation. | 33(3) grants broad remedial power. |
| Gambia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (a) affirming the decision of the information holder; (b) varying the type of access originally granted or requested; (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration; and (f) imposing a contempt order, a cost order, or a summary order or any other order it considers just and equitable. (2) The Commission may issue such directives it deems necessary to enforce its decisions. | While neither training nor better record management are explicitly contemplated here, there is a catch-all in (d) that would likely authorise both. |
| Guyana | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including - (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. | Section 7 - the commission can force the authority to alter its practices - though they can also issue recommendations - which is strange. |
| India | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Article 19(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. Article 25(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. | |
| Indonesia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 46(1) The decision of the Information Commission on granting or denying access to all or part of the required information contains any of the following instructions: (a) to rescind the decision of the Public Agency supervisor and to decide to grant part or all of the information that is required by the Public Information Applicant in accordance with the decision of the Information Commission; or (b) to affirm the decision of the supervisor of the Information and Documentation Management Officer not to provide the required information either partly or wholly as referred to in Article 17. (2) The decision of the Information Commission on the main objections as referred to in Article 35 paragraph (1) letter b up to letter g, contains any of the following instructions: (a) to instruct the Information Management and Documentation Officer to carry out his/her obligations as provided in this Law; (b) to instruct the Public Agency to fulfill its obligation within the specified period to provide the information as regulated n this Law; or (c) to affirm the consideration of the supervisor of the Public Agency or to determine the cost for tracking down and/or duplicating the information. | 46 seems to grant broad powers. |
| Ivory Coast | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 21. La CAIDP peut infliger une astreinte par jour de retard à l’organisme public mis en cause dans les cas suivants: le refus de réceptionner une demande sans motif légitime; le rejet d’une demande sans motivation; l’absence de réponse à une demande dans les délais prévus aux articles 12 et 13 de la présente loi. | |
| Kenya | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Article 23(2) The Commission may, if satisfied that there has been an infringement of the provisions of this Act, order - (a) the release of any information withheld unlawfully; (b) a recommendation for the payment of compensation; or (c) any other lawful remedy or redress. | |
| Malta | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Art. 39. "(1) Where a decision notice ha s been served, the applicant or the public authority may appeal to the Tribunal against the notice within twenty working days." | Art. 39 establishes the right to appeal the Commissioner decisions to the Tribunal. |
| Mexico | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Article 31. The National System has the following functions: IV. Set the criteria for the publication of the indicators that allow regulated entities to be accountable for meeting their objectives and results; V. Assist in the development, promotion and dissemination among the regulated entities of the criteria for the systematization and conservation of files that allow public information to be efficiently located in accordance with the regulations on the subject matter; VII. Establish policies regarding the digitization of public information in possession of the regulated entities and the use of information technologies and the implementation of Reasonable Adjustments, to ensure full access thereto; X. Establish programs of professionalization, updating and training of Public Servants and members of the regulated entities on transparency, access to public information and protection of personal data. Article 41.The Institute, in addition to that stated in the Federal Act and the following article, shall have the following powers: IX. Sign cooperation agreements with Guarantor Agencies of the States or regulated entities, in order to monitor compliance with this Act and promote best practices in the field. Article 42. Guarantor Agencies will have, within its jurisdiction, the following powers: VII. Train Public Servants and provide technical support to the regulated entities on transparency and access to information; Sign agreements with regulated entities that promote the publication of information within the framework of proactive transparency policies; XXI. Guarantor Agencies may make recommendations to the regulated entities to design, implement and evaluate open government actions that guide the internal policies in this area. | |
| Mongolia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Human Rights Commission Act 19.2. Commissioners shall write and deliver demands to relevant organisations in order to restore human rights and freedoms and eliminate the violations if he/she has considered that business entity, organisation or official has violated human rights and freedoms. 19.3. Commissioners shall make recommendations within his/her own competence and deliver them to relevant business entities, organisations or officials in order to eliminate reasons and conditions in case there is possibility for violations of human rights and freedoms. | Broad powers to order organisations to take measures to eliminate the violations. |
| Namibia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 9(1) The powers of the Information Commissioner include - … (f) requiring a public entity to take such steps as may be necessary to ensure compliance with its obligations in terms of this Act;… 21(4) After having concluded an audit, the Information Commissioner must take appropriate action or steps to call for or require the remedying and correction of matters or instances through such means as are fair, proper and effective, including - (a) issuing time-bound recommendations to the public entity; (b) monitoring implementation of his or her recommendations; and (c) investigating reasons for non-compliance with his or her recommendations, if any. | This is somewhat ambiguous in the context of appeals, where it is not directly mentioned. S. 21 requires an audit and then only mentions recommendations, but S. 9(1)(f) clearly affirms this power so full points awarded. |
| Nepal | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 19. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows: (b) To issue order to such Body to enlist and manage the records, documents and other materials pertaining the information; ... (e) To order concerned party to fulfill the liability as mentioned in this Act. | 19(e),in particular, has been interpreted as a general power to order public bodies to implement all provisions under the Act. |
| Peru | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | N/A | The Court can do this (expert) |
| Saint Kitts and Nevis | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 44(2) | |
| Seychelles | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 56.(1) The Information Commission may audit compliance by an information holder with this Act. (2) The powers of the Information Commission to conduct an audit under subsection (I) include the power to (a) conduct inspections; (b) undertake any investigation it deems appropriate in furtherance of the audit; (c) engage with staff of the body (d) request copies of any information, and (e) access any information it deems necessary to undertake the audit. (3) The Information Commission shall (a) notify the information holder of the audit, (b) issue time-bound recommendations to the information holder and (c) monitor implementation of its recommendations. 57. In the event of non-compliance by an information holder with and of the obligations under section 51 to section 55, the Information Commission may issue a notice specifying a time-frame for compliance with the obligation and any further directives as the Information Commission considers necessary or appropriate. 63(1) The Information Commission may, on conclusion of the appeal proceedings before it, issue orders or recommendations on any matter before it, including—... (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; | May audit compliance and order measures; may also order general measures as part of an appeal |
| Sierra Leone | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 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. | |
| South Sudan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 42(4) provides for very broad remedies. | |
| Sri Lanka | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Rule 27: Decision of the Commission: (1) In deciding an Appeal, the Commission may in affirming, varying or reversing the decision appealed against and forwarding the request back to the Information Officer concerned for necessary action in terms of Section 32(1) of the Act, make inter alia, the following orders: (c) Direct better records management on the part of the Public Authority; (d) Direct greater proactive disclosure obligations to be adhered to by the Public Authority; (e) Direct enhanced training programmes to be conducted by a Public Authority for its officers and/or employees; | |
| Togo | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Article 10 : (2) Lorsqu'il apparaît au Médiateur de la République qu'un organisme mentionné à l'article 7 ci-dessus n'a pas fontionné conformément à la mission de service publique qu'il doit assurer, il peut proposer à l'authorité compétente toute mesure qu'il estime de nature à remédier à cette situation. | Loi 2003-021. |
| Uganda | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 42. Decision of court. The court hearing an application under section 37 may, in addition to any other order, grant an order – (a) confirming, amending or setting aside the decision which is the subject of the application concerned; (b) requiring an information officer to grant or deny access to a record of a public body; (c) requiring the information officer or relevant authority of a public body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order; (d) granting an interim or specific relief, a declaratory order or compensation; or (e) as to costs. | Yes - the court hearing the ATI Act hearing is empowered to make any order. |
| United Kingdom | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Sections 48 and 50. | When the Commissioner considers that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with that proposed in the codes he may give to the authority a recommendation. |
| Vanuatu | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 68(3) In deciding an appeal, the Information Commissioner may: (e) require the Government agency, relevant private entity or private entity to take such steps as may be necessary to bring it into compliance with its obligations under the Act, including: (i) appointing a Right to Information Officer; or (ii) publishing certain information or categories of information; or (iii) making certain changes to its practices in relation to the keeping, management and destruction of records, or the transfer of records to the National Archives; or (iv) complying with the Deposit of Books Act [CAP 88]; or (v) enhancing the provision of training on the right to information for its officers; or (vi) providing him or her with a report. | - |
| Andorra | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | "Article 25. Functions and powers 1. The CNAAD has the following advisory and advisory functions: B) Advise on the evaluation and selection of the documentation of the public administrations and of the bodies and entities which depend on it or which are under its direction." "Article 25. Funcions i competències 1. La CNAAD té les funcions consultives i d’assessorament següents: B) Assessorar en l’avaluació i tria de la documentació de les administracions públiques i dels òrgans i entitats que en depenen o que estan sota la seva direcció." | |
| Belgium | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Loi n° 94-1724, Article 8.4 establishes that the Commission may propose measures to the legislative power to improve the law or its implementation. | |
| Chile | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | The Council can "guide public policy" according to our expert, but cannot make binding recommendations. Apparently it's a grey area as to how much power they have - so partial marks. |
| China | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 47 The competent departments for open government information work shall strengthen routing guidance and supervisory inspections of open government information work, and where administrative organs have not carried out open government information efforts as required, urge rectification or circulate criticism; where it is necessary to pursue accountability of the responsible leaders and directly responsible personnel, a recommendation on handling is to be submitted to an authorized organ in accordance with law. . . 52 Where administrative organs violate the provisions of these Regulations by failing to establish and complete relevant systems and mechanisms for open government information, the administrative organ at the level above is responsible for ordering corrections; where the circumstances are serious, the leaders with responsibility and directly responsible personnel are given sanctions in accordance with law. 53 In any of the following circumstances, where administrative organs violate the provisions of these Regulations, the administrative organ at the level above is to order corrections; and where the circumstances are serious the leaders with responsibility and directly responsible personnel are given sanctions in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law. (1) Not performing open government information functions in accordance with law; (2) Not promptly updating the contents of government information that has been disclosed, the open government information handbook, and the open government information catalog; (3) Other circumstances violating the provisions of this Regulation. | Remedial powers specified but only one point given because they are not imposed by an external body |
| Colombia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | The tutela judge has this power but the Administrative Tribunal does not have this power. |
| Cook Islands | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | Ombudsman's website says they can recommend changes in policy or procedure. |
| Denmark | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Danish Ombudsman Act, Article 21: "The Ombudsman shall assess whether authorities or persons falling within his jurisdiction act in contravention of existing legislation or otherwise commit errors or derelictions in the discharge of their duties. <...>". | |
| Finland | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | [Parliamentary Ombudsman Act] Article 10(1) If, in a matter within his or her remit, the Ombudsman concludes that a subject has acted unlawfully or neglected a duty, but considers that a criminal charge or disciplinary proceedings are nonetheless unwarranted in this case, the Ombudsman may issue a reprimand to the subject for future guidance. (2) If necessary, the Ombudsman may express to the subject his or her opinion concerning what constitutes proper observance of the law, or draw the attention of the subject to the requirements of good administration or to considerations of fundamental and human rights. Article 11(1) In a matter within the Ombudsman's remit, he or she may issue a recommendation to the competent authority that an error be redressed or a shortcoming rectified. (2) In the performance of his or her duties, the Ombudsman may draw the attention of the Government or another body responsible for legislative drafting to defects in legislation or official regulations, as well as make recommendations concerning the development of these and the elimination of the defects. Article 14(1) The Ombudsman has sole competence to make decisions in all matters falling within his or her remit under the law. Having heard the opinions of the Deputy-Ombudsmen, the Ombudsman shall also decide on the allocation of duties among the Ombudsman and the Deputy-Ombudsmen. (2) The Deputy-Ombudsmen have the same competence as the Ombudsman to consider and decide on those oversight-of-legality matters that the Ombudsman has allocated to them or that they have taken up on their own initiative. (3) If a Deputy-Ombudsman deems that in a matter under his or her consideration there is reason to issue a reprimand for a decision or action of the Government, a Minister or the President of the Republic, or to bring a charge against the President or a Justice of the Supreme Court or the Supreme Administrative Court, he or she shall refer the matter to the Ombudsman for a decision. | Not imposed, but the Ombudsman can issue a reprimand. |
| Ghana | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 71(2) A decision of the Commission may include (e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act; | Not very clear but a general power to require public institutions to take steps necessary to comply with the Act |
| Greece | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | [Law on the Ombudsman of Greece] Article 4(6) On completion of the investigation, if required by the nature of the case, the Ombudsman shall draw up a report on the findings, to be communicated to the relevant Minister and authorities, and shall mediate in every expedient way to resolve the citizen's problem. In his recommendations to public services, the Ombudsman may set a time-limit within which the services have an obligation to inform him of the actions taken in implementation of his recommendations or of the reasons for which they cannot accept them. The Ombudsman may make public the refusal to accept his recommendations, if he considers that this is not sufficiently justified. | Not to impose, but to recommend. In his recommendations to public services, the Ombudsman may set a time-limit within which the services have an obligation to inform him of the actions taken in implementation of his recommendations or of the reasons for which they cannot accept them. The Ombudsman may make public the refusal to accept his recommendations. |
| Hungary | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Article 54(1) During the investigation, the Authority is entitled to (a) inspect all documents controlled by the controller under review and associated with the given case, or request copies of these; (b) acquire knowledge of data control activities associated with the case under review and enter the premises where control activities are undertaken; (c) request verbal or written information from the controller under review, as well as from any employee of the controller, (d) request information in writing from any organisation or individual associated with the case under review, and (e) request that the head of the supervisory body of the data control authority carry out an investigation. | |
| Israel | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | A point for Decision 2950, as well as the Transparency Committee. |
| Italy | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | The Administrative Court can impose structural measures. |
| Kosovo | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.1) monitor and report in relation to compliance and adherence of this Law by public institutions; (1.2) recommend changes and general and specific reforms addressed to a specific institution, in relation to the right of access to public documents. | The Agency can only recommend, not impose, structural reforms. |
| Liberia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 5.2: "Functions and Powers of Information Commissioner: Without limiting the generality of the provisions of Clause 5.1 above, the functions and powers of the Independent Information Commissioner shall include: a) To receive, hear and decide all complaints as well as mediate disputes arising under this Act. b) To compel witnesses and evidence for the purpose of deciding appeal or otherwise determining compliance with this Act. c) To review information held by public bodies and covered private entities and, in connection therewith, including procedures for the internal reviews provided in Section Chapter (6) of this Act as well as the fees charged by public bodies and entities for reproduction of requested information. d) To issue cease and desist orders and other recommendations to any or all of such public bodies and relevant private entities relative to implementation and compliance with this law. e) To investigate, monitor, and promote compliance with this Act, including collecting statistics associated therewith. f) To order any public body or private body concerned to release requested information should it find that the information or record is not one that is exempted by this Act. g) To train and build the capacity of personnel of public bodies and private entities concerned to ensure (1) proper interpretation and application of this Act and (2) that the handling of information requests is consistent across all government bodies. h) To consult with and provide support to Information Officers and other relevant officials of public bodies and private entities covered under this Act. i) To develop access guidelines and procedures. j) To develop public awareness strategies and information dissemination campaigns to educate the public about their rights under the Act, and promoting necessary compliance with this Act. k) To evaluate existing laws and regulations relating to access to information, and to make recommendations for reform and harmonization of the laws." | 5.2 - Can issue cease and desist orders and recommendations - no word on how they are binding though. |
| Maldives | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 61(a) Having examined a lodged appeal or complaint under this Act, the Information Commissioner, can settled the matter in the following ways: (8) To order to strengthen the document management system of a specific State Institute, or to order to reform relevant procedure; 62(a) In circumstances where the Information Commissioner identifies that a specific State Institute does not carry out its functions in accordance with this Act, the Information Commissioner, has the power to initiate his own investigations and reach a decision regarding the matter, even in the absence of a specific appeal or complaint by any aggrieved party. (b) The Information Commissioner must complete any investigation carried under subsection (a) of this section in reasonable time, and having completed, must take measures in relation to the case, from among the measures prescribed under section 61 of this Act. (c) Where, after having investigated a case as according to subsection (a) of this section, a specific State Institute is found to have discharged its functions contrary to this Act, the Information Commissioner must order that State Institute to correct them. The Information Commissioner must also order the said State Institute, the measures to be taken in order to correct them. | Limited remedial measures, essentially covering only records management. |
| New Zealand | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 32 Recommendations made to department or Minister of the Crown or organisation (1) Where a recommendation is made under section 30(1) to a department or to an organisation named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975, (a) a public duty to observe that recommendation shall be imposed on that department or organisation from the commencement of the 21st working day after the day on which that recommendation is made to the department or organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and (b) the public duty imposed by paragraph (a) shall be imposed not only on the department or organisation itself but also on (i) the members of the organisation; and (ii) every officer and employee of that department or organisation to whom that recommendation is applicable; and (iii) every body within that department or organisation to whom that recommendation is applicable; and (iv) every statutory officer to whom that recommendation is applicable. (2) Where a recommendation is made under section 30(1) to a Minister of the Crown, a public duty to observe that recommendation shall be imposed on that Minister from the commencement of the 21st working day after the day on which that recommendation is made to that Minister unless, before that day, the Governor-General, by Order in Council, otherwise directs. (3) Where a recommendation is made under section 30(1) to an organisation named in Schedule 1, (a) a public duty to observe that recommendation shall be imposed on that organisation from the commencement of the 21st working day after the day on which that recommendation is made to that organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and (b) the public duty imposed by paragraph (a) shall be imposed not only on the organisation itself but also on (i) its governing body (if any); and (ii) its members; and (iii) every officer, employee, and body within that organisation to whom that recommendation is applicable; and (iv) every statutory officer to whom that recommendation is applicable. (4) As soon as practicable after an Order in Council is made under this section, the Minister who recommended the making of that Order in Council shall give a copy of that Order in Council to the Ombudsman who made the recommendation. (5) Nothing in this section (a) limits section 8 of the Judicature Amendment Act 1972; or (b) prevents effect being given to any interim order made under section 8 of the Judicature Amendment Act 1972 or to any declaration contained in any such interim order. 22 Procedure after investigation (3) If in any case to which this section applies an Ombudsman is of opinion (a) that the matter should be referred to the appropriate authority for further consideration; or (b) that the omission should be rectified; or (c) that the decision should be cancelled or varied; or (d) that any practice on which the decision, recommendation, act, or omission was based should be altered; or (e) that any law on which the decision, recommendation, act, or omission was based should be reconsidered; or (f) that reasons should have been given for the decision; or (g) that any other steps should be taken the Ombudsman shall report his opinion, and his reasons therefor, to the appropriate department or organisation, and may make such recommendations as he thinks fit. In any such case he may request the department or organisation to notify him, within a specified time, of the steps (if any) that it proposes to take to give effect to his recommendations. The Ombudsman shall also, in the case of an investigation relating to a department or organisation named or specified in Parts 1 and 2 of Schedule 1, send a copy of his report or recommendations to the Minister concerned, and, in the case of an investigation relating to an organisation named or specified in Part 3 of Schedule 1, send a copy of his report or recommendations to the mayor or chairperson of the organisation concerned. (...) | S. 32 seems broad enough for this. See Ombudsmen Act s. 22(3). However, there is a difference between recommendations under the OIA and under the OA. The government has the power to reject structural solutions – so 1 point here rather than 2. |
| Niger | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Art 10 of the Omb Act | Art 10 of the Omb Act implies that they are recommendations. |
| Norway | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Act concerning the Storting´s Ombudsman for Public Administration, Article 10 "<...> The Ombudsman may point out that an error has been committed or that negligence has been shown in the public administration. If he finds sufficient reason for so doing, he may inform the prosecuting authority or appointments authority what action he believes should be taken accordingly against the official concerned. <...> If the Ombudsman finds that there are matters which may entail liability to pay compensation, he may, depending on the circumstances, suggest that compensation should be paid.<...>" | Not to impose, but to point out an error that has been committed or negligence has been shown in Public Administration; Inform what actions he believes should be taken; say if a decision rendered must be considered invalid or unreasonable; may draw the attention of the appropriate administrative agency; suggest compensation to be paid or explanation to be given (1 point loss). |
| Panama | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Artículo 6: La Autoridad tendrá las siguientes atribuciones y facultades: (...) 30. Requerir a otras entidades del Estado, cuando sea necesario, la asignación temporal de personal especializado en las áreas de auditoría, contabilidad, ingeniería, legislación o cualquiera otra para la realización de los análisis que adelante. | Article 6(30) of Law 33 of 2013 allows the oversight body to require institutions to hire specialised personnel to help with auditing, information management, etc. |
| Serbia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Article 35: "Credentials: 1) to ensure the integrity of the obligations of the authorities established by this Law and to inform the public and the National Assembly thereof; 2) initiate the adoption or amendment of proposals for the implementation of the right of access to information of a public nature; 3) propose to the authorities to take measures in order to improve their work regulated by this Law; 4) take measure necessary for the training of employees in government bodies [state bodies] and acquainting employees with their obligations regarding the rights to access information of public importance, in order to effectively implement this Law;" | Not specifically mentioned, but the commissioner is allowed to use coercive means in order to enforce his decisions. |
| South Africa | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice- (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by- (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator. | Appears to have the power to order structural remedies. |
| Switzerland | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Art. 18 Duties and Competencies: “The Federal Data Protection and Information Commissioner (the Commissioner) pursuant to Article 26 of the Data Protection Act shall, in particular, have the fol- lowing duties and competencies under the present Act:a. conducting mediation proceedings (Art. 13) and making a recommendation (Art. 14), should mediation not succeed; b. providing information ex officio,or at the request of individuals or authorities, on the modalities governing access to official documents; c. commenting on draft legislation and measures of the Federal Government which have a fundamental impact on the principle of freedom of information." | The Commissioner is allowed to make recommendations to the parties involved in a appeal proceeding. |
| Thailand | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Section 28. The Board shall have the powers and duties as follows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or State agencies with regard to the implementation of this Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Ministerial Regulations or the Rules of the Council of Ministers under this Act; (4) to consider and give opinions on the complaints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time to time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Minister. | 28 - The Board has the power to advise, but not to impose orders |
| Ukraine | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 14.1 Information administrators shall be obliged to: 1) publish information provided by this and other laws; 2) systematically carry out recording of documents which are in their possession; 3) keep records of information requests; 4) allocate special places for requesters to work with documents or their copies, as well as allow requesters to make extracts from them, photograph, copy, scan them, record on any information medium, etc.; 5) have special structural units or appoint responsible persons for ensuring access of requesters to information and publishing information; 6) provide and publish accurate, exact and complete information and, if needed, verify the correctness and objectiveness of information provided and update the published information. Law of the Ukrainian Parliament Commissioner for Human Rights Article 13.1 The Commissioner has the right to: 11) submit to respective bodies, documents containing the response of the Commissioner to instances of violation of human and citizens' rights and freedoms, for taking respective measures; | Ukrainian Ombudsperson has the power to recommend to the public authority to engage for example better records management. However these recommendations are not binding. |
| United States | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Tricky one - ordinarily Courts do not make such orders, but they can be included as part of a settlement or within the Court's recommendations. Generally this type of action, if issued in a binding order to change practice, would lead to questions regarding whether the Court has overstepped its authority. Nonetheless, the weight of judicial decisions is heavy - and often leads to changes as a result of the strong role the judiciary plays in America's constitutional balance. So - partial credit for that. | |
| Venezuela | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Ley Orgánica de la Defensoría del Pueblo 29. Atribuciones del Defensor o Defensora del Pueblo. Son atribuciones del Defensor o Defensora del Pueblo en el ejercicio de su cargo: ...1) Pronunciarse sobre la actuación de las personas involucradas en las investigaciones llevadas a cabo por la Defensoría del Pueblo. 2) Recomendar pública o privadamente, y con conocimiento del superior jerárquico de los funcionarios cuestionados o funcionarias cuestionadas, la modificación de comportamientos o prácticas que constituyan obstáculo al logro efectivo de los objetivos de la Defensoría del Pueblo contenidos en el artículo 4 de la presente Ley. 3) Dictar resoluciones defensoriales en el ámbito de su competencia, las cuales deberán ser publicadas en la Gaceta Oficial de la República Bolivariana de Venezuela. ...12) Solicitar al Consejo Moral Republicano que adopte las medidas a las que hubiere lugar contra los funcionarios públicos o funcionarias públicas, responsables de la amenaza, del menoscabo o violación de los derechos humanos. 13) Instar al Fiscal o la Fiscal General de la República para que intente las acciones penales a las que hubiere lugar contra los funcionarios públicos o las funcionarias públicas responsables del menoscabo o violación de los derechos humanos.... 15) Formular ante los órganos correspondientes las recomendaciones y observaciones necesarias para la eficaz protección de los derechos humanos, en virtud de lo cual desarrollará mecanismos de comunicación permanente con órganos públicos o privados, nacionales e internacionales, de protección de los derechos humanos. | Ombudsman can't impose but can recommend changes or issue resolutions. |
| Zambia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | HRC Act 21(1)(b) (recommendations as they see fit); 21(2)(d) (any recommendation to remedy the violation) | |
| Albania | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | The law does not provide the commissioner with the power to imposing partial nor fully structural reforms |
| Angola | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Armenia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Austria | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | 11 (3) In the event of unlawful failure to grant access to information, the administrative court shall rule that access must be granted and to what extent. | The potential remedies explicitly listed are limited to granting access. |
| Azerbaijan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Bahamas | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Belize | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No - they may make recommendations according to the Ombudsman Act s 21, and complain to the assembly if these recommendations are not met, but cannot impose solutions. |
| Benin | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Bolivia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Bosnia and Herzegovina | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Article 32 Law on human right ombudsman of Bosnia and Herzegovina 22/01/2001. "An Ombudsman may make recommendations to government bodies with a view to the adoption of new measures." | |
| Bulgaria | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Burkina Faso | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Cape Verde | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No independent appeal |
| Czech Republic | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Dominican Republic | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| East Timor | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Ecuador | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Estonia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Fiji | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| France | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Georgia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | |
| Germany | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Guatemala | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Guinea | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Honduras | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not specifically mentioned, but this may be within the purview of one of the oversight bodies listed. |
| Iceland | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Iran | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Ireland | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Jamaica | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Japan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Jordan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Kazakhstan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Kuwait | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
| Kyrgyzstan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Latvia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Lebanon | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Liechtenstein | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned in law nor regulation. |
| Lithuania | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Luxembourg | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Malawi | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Moldova | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Monaco | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Montenegro | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Morocco | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Mozambique | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Netherlands | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | No oversight body listed. | |
| Nicaragua | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Nigeria | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| North Macedonia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Pakistan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Palau | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned | |
| Paraguay | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | |
| Philippines | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | |
| Poland | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | There is no independent oversight body. | |
| Portugal | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Qatar | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned | |
| Republic of Belarus | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned | |
| Romania | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | No independent oversight body listed. | |
| Russia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Rwanda | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| San Marino | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A. | |
| Saudi Arabia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Slovakia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Slovenia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| South Korea | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Spain | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Artículo38 Funciones): 1. Para la consecución de sus objetivos, el Consejo de Transparencia y Buen Gobierno tiene encomendadas las siguientes funciones: a) Adoptar recomendaciones para el mejor cumplimiento de las pérdidas contenidas en esta Ley. | La ley Únicamente atribuye la posibilidad de emitir recomendaciones, en ningún caso podrá imponer medidas estructurales. |
| Sudan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Sweden | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
| Taiwan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No - there is no such power. |
| Tajikistan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | |
| Tanzania | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Trinidad and Tobago | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No - the Ombudsman cannot impose structural solutions, and there's no indication that structural solutions are part of their office's purview. |
| Tunisia | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Turkey | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Uruguay | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
| Uzbekistan | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Vietnam | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
| Yemen | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | 41(f) |
Art 41(f) gives them the power to make decisions and recommendations to the authorities regarding the application of the provisions of this law - but it doesn't explicitly say they can impose solutions to problems. |
| Zimbabwe | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
