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 right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3(1) Information: Any type of documents and recorded or registered information including written, audio, visual, sample or model. | |
| Albania | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(2) Public information is any data recorded in any form or format, during discharge of the public function, whether or not prepared by a public authority. | |
| Antigua and Barbuda | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art 4(1) For purposes of this Act, a record includes any recorded information, regardless of its form, source, date of creation, or official status, whether or not it was created by the public authority or private body that holds it and whether or not it is classified. | Art 4(1) is sufficiently broad. |
| Argentina | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | ARTÍCULO 3° — Definiciones. A los fines de la presente ley se entiende por: a) Información pública: todo tipo de dato contenido en documentos de cualquier formato que los sujetos obligados enumerados en el artículo 7° de la presente ley generen, obtengan, transformen, controlen o custodien; b) Documento: todo registro que haya sido generado, que sea controlado o que sea custodiado por los sujetos obligados enumerados en el artículo 7° de la presente ley, independientemente de su forma, soporte, origen, fecha de creación o carácter oficial. | |
| Armenia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3 Main concepts used in the following law include: Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.) | The definition includes a reference to "as defined by legislation" which could be limiting but it has been interpreted to cover everything. |
| Azerbaijan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3.0.1. information - facts, opinions, information, news or other information created or obtained as a result of any activity, regardless of the date of creation, form of presentation and classification; 3.0.3. public information - facts, opinions, information created or obtained in the process of performing public duties defined by laws or other normative legal acts; | "Information", to which the primary rights applies, is defined broadly. "Public information" is defined much more narrowly but this appears to relate mostly to the proactive obligation, although it is sometimes used in another way in the Law. |
| Bahamas | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 2. Interpretation “record” means information held in any form including— (a) a record in writing (b) a map, plan, graph or drawing; (c) a photograph; (d) a disc, tape soundtrack or other device in which sounds or other data are embodied whether electronically or otherwise, as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, held by a public authority in connections with its functions as such, whether or not it was created by that public authority or before the commencement of this Act; | |
| Bangladesh | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2. Definitions: In this Act, unless there is anything repugnant in the subject or context, (f) “information” includes any memo, book, design, map, contract, data, log book, order, notification, document, sample, letter, report, accounts, project proposal, photograph, audio, video, drawing, painting, film, any instrument done through electronic process, machine readable record, and any other documentary material regardless of its physical form or characteristics, and any copy thereof in relation to the constitution, structure and official activities of any authority: Provided that it shall not include note-sheets or copies of note- sheets;" | 2(f) - expansive defintion. |
| Belgium | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Loi n° 94-1724, Article 1.b.2: "Document administratif : toute information, sous quelque forme que ce soit, dont une autorité administrative dispose". | The law defines "document" as all information in any format. |
| Belize | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | SECTION 3 "(1) In this Act, unless the context otherwise requires (...)"document" includes public contracts, grants or leases of land, or any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes;(...)" | Definitions does not differentiate based on who produced the document. |
| Bolivia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 12(I) Every public entity has the obligation to provide the required information in written documents, photographs, recordings, magnetic or digital support, or in any other format, provided that it has been created or obtained by it and that it is under its responsibility or scope of its competence. | Seems to be quite broad but not entirely clear that this refers to scope as opposed to format of access. |
| Bosnia and Herzegovina | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3 Definitions. "For the purpose of this Act: "information" means any material which communicates facts, opinions, data or any other content, including any copy or portion thereof, regardless of form, characteristics, when it was created, or how it is classified;" | |
| Brazil | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 4. For the purpose of this Law, one shall consider: I – information: processed or unprocessed data that can be used in the production and transmission of knowledge, within any media, support or format; Article 3. For the purposes of this Decree, one shall consider: I – information - processed or unprocessed data that can be used in the production and transmission of knowledge, within any media, support or format; II – processed data data submitted to any operation or treatment performed by either electronic processing or automated means, with the support of information technology; III – document- unit of recorded information regardless of its support or format; IV – classified information-that piece of information which is temporarily unavailable to public access due to its relevance to social and State security, and other information protected under legal secrecy clauses; V – personal information-that piece of information which is related to an identified or identifiable individual, with respect to his/her intimacy, private life, honour and image; VI – handling of information-set of actions related to information production, reception, rating, use, access, reproduction, transportation, transmission, distribution, filing, storage, exclusion, evaluation, destination or control; VII – availability- quality of the information that can be accessed and used by authorized individuals, equipment or systems; VIII – authenticity- quality of the information produced, sent, received or modified by a determined individual, equipment or system; IX – integrity- quality of the non- modified information, encompassing its origin, traffic and destination; X – primary-quality of first-hand unfiltered information, retrieved from original sources, comprising as many details as possible on a given subject, without any changes or amendments; XI – updated information information that comprises updated data on a given subject, in conformity with its nature, whose related time frames were set forth either in specific rules or according to the periodicity established in the computerized systems that organize such type of information; XII – preparatory document "official document elaborated to subsidize a decision making or an administrative act, i.e. opinions and technical notes. | BRAZILIAN ACCESS TO INFORMATION BILL APPROVED BY THE SENATE ON 25 OCTOBER 2011 Law 4(1), DECREE No7,724, OF MAY 16, 2012 Art 3 |
| Bulgaria | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(2) The information under sub-article 1 shall be deemed public irrespective of the kind of its physical bearer. (3) (New, SG No. 49/2007) Public sector information shall be any kind of information materialized on paper, electronic or other carrier, including if it was held as audio or video record, and collected or generated by a public sector organization. 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". | |
| Canada | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 4(3) For the purposes of this Act, any record requested under this Act that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution. | |
| Chile | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | ARTICLE 10. Toda persona tiene derecho a solicitar y recibir información de cualquier órgano de la Administración del Estado, en la forma y condiciones que establece esta ley. El acceso a la información comprende el derecho de acceder a las informaciones contenidas en actos, resoluciones, actas, expedientes, contratos y acuerdos, así como a toda información elaborada con presupuesto público, cualquiera sea el formato o soporte en que se contenga, salvo las excepciones legales. ARTICLE 11. El derecho de acceso a la información de los órganos de la Administración del Estado reconoce, entre otros, los siguientes principios: a) Principio de la relevancia, conforme al cual se presume relevante toda información que posean los órganos de la Administración del Estado, cualquiera sea su formato, soporte, fecha de creación, origen, clasificación o procesamiento. | Art 5 - "los documentos que les sirvan de sustento o complemento directo y esencial" - documents used for carrying out essential services - seems to apply fairly broadly, though I may be misinterpreting the Spanish Hopefully our local experts can clarify. 11(a) also seems to presume that all information the state holds is relevant. |
| Colombia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 6(a) Information. It refers to an organized set of data contained in any document that obligated parties generate, obtain, acquire, transform or control; | Art. 6 of the 1712 Law defines information as an organized group of data contained in any document generated, obtained, acquired, transformed or controlled by any of the duty-bearers of the law. This same article defines public information as all information that a duty-bearer generates, obtains, acquires or controls, acting as such. |
| Costa Rica | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2.- Definiciones. Para efectos del presente Decreto se entenderá por:...b. Información de acceso público: cualquier tipo de dato que sea generado o resguardado por quien ejerza una función o potestad pública y que no tenga su acceso restringido por ley. | There is also constitutional jurisprudence suggesting the right includes information regardless of format. Res. 136-2003 del 15 enero del 2003 as excerpted at https://www.pgr.go.cr/wp-content/uploads/2017/05/Alcance_pep.pdf. |
| Croatia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art.5.3.: "Information" is any information held by the public authority in the form of a document, record, dossier, register or in any other form, regardless of the manner of representation (written, drawn, printed, recorded, magnetic, optical, electronic or any other record), which the public body has created alone or in cooperation with other bodies or received from other persons, and was created within the scope of competences or in regards to organization and work of the public body. | |
| Czech Republic | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 3 "(3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document or a record in an electronic format or an audio, visual or audiovisual record." | |
| Ecuador | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | ARTICLE 5 Información Pública.- Se considera información pública, todo documento en cualquier formato, que se encuentre en poder de las instituciones públicas y de las personas jurídicas a las que se refiere esta Ley, contenidos, creados u obtenidos por ellas, que se encuentren bajo su responsabilidad o se hayan producido Con recursos del Estado. | Art 5 provides for a broad definition. |
| El Salvador | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | ARTICLE 6 Para los efectos de esta ley se entenderá por: c. Información pública: es aquella en poder de los entes obligados contenida en documentos, archivos, datos, bases de datos, comunicaciones y todo tipo de registros que documenten el ejercicio de sus facultades o actividades, que consten en cualquier medio, ya sea impreso, óptico o electrónico, independientemente de su fuente, fecha de elaboración, y que no sea confidencial. Dicha información podrá haber sido generada, obtenida, transformada o conservada por éstos a cualquier título. d. Información oficiosa: es aquella información pública que los entes obligados deberán difundir al público en virtud de esta ley sin necesidad de solicitud directa. e. Información reservada: es aquella información pública cuyo acceso se restringe de manera expresa de conformidad con esta ley, en razón de un interés general durante un período determinado y por causas justificadas. f. Información confidencial: es aquella información privada en poder del Estado cuyo acceso público se prohíbe por mandato constitucional o legal en razón de un interés personal jurídicamente protegido. | Section 6 definition of Public Information. |
| Estonia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3. Public information (1) Public information (hereinafter information) is information which is recorded and documented in any manner and on any medium and which is obtained or created upon performance of public duties provided by law or legislation issued on the basis thereof. | |
| Ethiopia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(6) "Information" means any material recorded in any form. 2(7) "Record" means regardless of who created it or when it was created, any recorded information in the possession and under the control of a public body and includes: a) any document, file or manuscript; b) any microfilm, microfiche or facsimile; c) any reproduction of images embodied in microfilms, whether enlarged or not: d) any other information which may be watched, read, listened to or otherwise comprehended only using a computer or any other technical device; or e) any other information recorded in any other form or medium. | Art 2(6) and 2(7) define information broadly. |
| France | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 1. Sont considérés comme documents administratifs, au sens des chapitres Ier, III et IV du présent titre, quels que soient leur date, leur lieu de conservation, leur forme et leur support, les documents produits ou reçus, dans le cadre de leur mission de service public [...] | |
| Gambia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2. "information" includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the information holder to whom a request has been made under this Act. | |
| Georgia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 37 Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | |
| Ghana | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 80 This Act applies to information which came into existence before, or comes into existence after, the commencement of this Act. 84 "information" includes recorded matter or material, (a) regardless of form or medium, (b) in the possession or under the control or custody of a public institution, and (c) whether or not it was created or made by a public institution and, in the case of a private body, relates to the performance of a public function; | Broad definition of information which also applies retroactively. Limit on private bodies but deemed acceptable because it relates to their public functions and this is what deems them to be covered by this law in the first place. |
| Greece | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 4 | Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by 3 public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions. | Applies to administrative documents and only to a certain kind of them such as reports, studies, minutes, statistical data, circulars, replies of the administration, opinions and resolutions. No mention about excluded documents, but it can be inferred that there are. |
| Guatemala | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Artículo 13. El Congreso de la República de Guatemala, además de la información pública de oficio contenida en la presente ley, debe hacer pública como mínima la siguiente: (1) El ejercicio de su presupuesto asignado por bloque legislativo y comisión; (2) El listado de asesores y asistentes de Junta Directiva, bloques legislativos, bancadas, comisiones y diputados con sus respectivas remuneraciones; (3) El proyecto del orden del día de las sesiones ordinarias y extraordinarias en el pleno y comisiones, con veinticuatro horas de anticipación; (4) Las iniciativas de ley; (5) Los dictámenes emitidos por cada una de las comisiones sobre las iniciativas de ley; (6) Los decretos; (7) Los acuerdos; (8) Los puntos resolutivos; (9) Las resoluciones; (10) Actas de las sesiones de las comisiones de trabajo; y (11) Diario de las Sesiones Plenarias. | Article 13 applies to any information in the power of public authorities - not limited. |
| Hungary | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. Article 6. Data public on grounds of public interest: data other than data of public interest, the disclosure of or the access to which is provided for by the law, in the public interest. | |
| India | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 2(f) "Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; [...] (j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to - (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; [...] | |
| Indonesia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1(1) Information means the information, statement, ideas and signs having a value, meaning and message, be it data, fact and clarification that can be seen, heard and read, and are presented in various packages and formats, in accordance with the development of the information and communication technology, both electronically and non-electronically. | Very broad definition. |
| Israel | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2. The following definitions apply to this law: [...] "Information" - Any information in the possession of a public authority, whether written, recorded, filmed, photographed, or computerized; [...] | Article 2 definition of information. |
| Italy | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 5(1) The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. | |
| Jordan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 "Information" - any oral or written data, written, copied, recorded or electronically stored records, statistics or documents or stored by any other means falling within the scope of the control or liability of the official in charge. | Definition of "information". |
| Kazakhstan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1 The following basic definitions are used in this Law: (1) information - data on persons, objects, facts, events and processes, which is received or created by an information holder, recorded on any device and which possesses prerequisites that allow to identify such data; [...] (8) information with limited access - information that is classified as state secrets, personal, family, medical, banking, commercial and other types of secrets protected by law, and also official information noted as "for official use only"; [...] Article 3(1) This Law applies throughout the territory of the Republic of Kazakhstan and regulates public relationships created by providing access to information, the latter not related to information with limited access. | |
| Kenya | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 [...] "information" includes all records held by a public entity or a private body, regardless of the form in which the information is stored, its source or the date of production; [...] "public record" includes any record in written or any other form containing information relating to the conduct of the public entity's business, prepared, owned, used or retained by a public entity regardless of physical form or characteristics; [...] | |
| Kosovo | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3(1.2) Public Document – shall mean any act, fact or information, stored in electronic form or on sound, in print, in visual or audiovisual recordings produced or maintained by a public institution. (1.3) Information – shall mean, but is not limited to, data, pictures, drawings, videos, films, reports, acts, tables, projects, drafts or other annexes produced, received, maintained or controlled by public institutions, whether or not included in any public document, and regardless of the source, the time of creation, the place of deposit or storage, the media or the form in which it is stored, the name or public institution on behalf of which it is created or any other characteristics. | Full points given for extensive coverage of material. While the phrase 'produced or maintained by a public institution' is acceptable, even better practice would be to cover material that is 'held by or on behalf of public institutions'. |
| Latvia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 1. Terms Used in this Law "The following terms are used in this Law: 1) information: “information or compilations of information, in any technically possible form of fixation, storage or transfer;<...>" Section 2. Purpose and Scope of Application of this Law: "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions." | |
| Lebanon | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3: Administrative documents: A – For the purposes of this law, “administrative documents” are written documents, electronic documents, audio and visual recordings, images, and all machine-readable documents, whatever their form or specifications may be, held by the administration. B – Administrative documents include but are not limited to: 1 – Files, reports, studies, records, and statistics. 2 – Orders, instructions, directives, circulars, memorandums, correspondences, opinions, and decisions issued by the administration. 3 – Contracts concluded by the administration. 4 – National Archives documents. | |
| Liberia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1.3.5: ""Private Bodies" include any entity, business or otherwise, owned by private persons." | Expansive definition. |
| Lithuania | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 2 "<...> 37. Official documents of state and municipal institutions and agencies" means written, graphic, audio, computer information or other documents relating to the activities of state and municipal institutions, enterprises and agencies and persons authorised by the State produced, approved or received by them in the course of exercising the powers established by regulations which are entered in the records of documents of the said institutions, enterprises and agencies. <...>" | |
| Malawi | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2. “information” includes an original or copy of any material, record or document which communicates facts, opinion, data or any other matter regardless of its form, characteristics or date of creation, that is in the custody or under the control of a public body, private body or any information holder to which this Act applies; “record” means any recorded information, in any format, including an electronic format in the possession or control of a public body or relevant private body, whether or not that body created it. | Information and record defined broadly. |
| Malta | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art. 2. "<...> "document" means any article that is held by a public authority and on which information has been recorded in whatever form, including electronic data, images, scale models and other visual representations, and audio or video recordings, regardless of whether the information can be read, seen, heard or retrieved with or without the aid of any other article or device; <...>" | |
| Mexico | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3.VII: Documents: Records, reports, studies, minutes, resolutions, official letters, correspondence, agreements, directives, guidelines, circulars, contracts, agreements, instructions, notes, memoranda, statistics or any other record that documents the exercise of the powers, functions and competences of the regulated entities, Public Servants and members, regardless of their source or date of production. Documents may be in any media, whether written, printed, audio, visual, electronic, computer or holographic. Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and reports available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. | |
| Mongolia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 11.1: A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization's contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization. | 11.1 is quite broad in covering all docuents in possession |
| Montenegro | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 4: "2)information shall be any document in written, printed, video, audio, electronic or other form, including also a copy or a part thereof, regardless of its contents and source (or author) or the time of its composing or the system of its classifying;" | |
| Mozambique | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Glossary Information Indicate knowledge, statistics, reports and other forms and ways of expression, whether written down or codified, including books, magnetic tapes, videos, electronic digitations contained in every register kept by the public or private entities, as in the present law, regardless of their form, the way of archiving in documents bands electronic files and any other permitted by the law, their public or private source, the date of their production. | Information and records defined broadly |
| Namibia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1. In this Act, unless the context otherwise indicates - ... “information” includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, facts, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held; 2.(1) This Act applies to information held by a public entity or private entity whether or not the information had been produced before the commencement of this Act. | Seems to be very comprehensive although the reference to "documentary material" in the definition is not very helpful. |
| Netherlands | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 3. Paragraph 1.a: \"Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter.\" | Have to be in considetation the definition employed in this law in section 1 therefore, a document is a written document or other material containing data which is deposited with an administrative authority; |
| Nicaragua | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Artículo 2.- La información pública existente en posesión de las entidades señaladas en el artículo anterior, se considera de acceso público a quien lo solicite en los términos previstos en esta Ley. Artículo 3.- Para los fines de la presente Ley, se establecen los siguientes principios: 1. Principio de Acceso a la Información Pública: Toda persona sin discriminación alguna, tiene derecho a solicitar y recibir datos, registros y todo tipo de información pública en forma completa, adecuada y oportuna de parte de todas las entidades sometidas al imperio de la presente Ley, salvo las excepciones previstas como información reservada. Artículo 4.- Para los fines de la presente Ley, se establecen las siguientes definiciones[...]: e. Documento: Medio o instrumento de cualquier naturaleza, incluyendo electrónica, destinado a registrar o almacenar información, para su peremnización y representación. | Art 2 Art 3(1), 4(e) - all very inclusive. |
| Niger | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2: Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute autre personne de droit public ou de droit privé chargée d’une telle mission. | Article 2 includes data received. Definition is somewhat closed, but seems to touch all the right bases. |
| Nigeria | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1(1) Notwithstanding anything contained in any other Act, Law or Regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is hereby established. | 1(1) - info of any kind in the custody of officials. |
| North Macedonia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art. 3 "information of public character" shall refer to information in any form whatsoever, created or disposed by an information holder in line with its competencies (hereinafter referred to as "information") | |
| Panama | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Artículo 1: Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así: (...) 4. Información: Todo tipo de datos contenidos en cualquier medio, documento o registro impreso, óptico, electrónico, químico, físico o biológico.(...) | Article 1(4) of Law 6 of 2002. |
| Peru | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 10 Información de acceso público: Las entidades de la Administración Pública tienen la obligación de proveer la información requerida si se refiere a la contenida en documentos escritos, fotografías, grabaciones, soporte magnético o digital, o en cualquier otro formato, siempre que haya sido creada u obtenida por ella o que se encuentre en su posesión o bajo su control. Asimismo, para los efectos de esta Ley, se considera como información pública cualquier tipo de documentación financiada por el presupuesto público que sirva de base a una decisión de naturaleza administrativa, así como las actas de reuniones oficiales.
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| Poland | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3(1) The right to public information covers the entitlement to: 1) obtain public information, including obtaining information processed within such a frame, in which it is particularly essential for the public interest, 2) insight into the official documents, 3) access to the board meetings of public authorities bodies chosen by general elections, (2) The right to public information covers the entitlement to obtain immediately the information containing the knowledge on present public matters. | |
| Portugal | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art 3.1: For the purposes of the present Law the following terms shall mean: a) "Administrative document": any information medium in written, visual, aural, electronic or other material form, which is in the possession, or is held on behalf, of the bodies and entities referred to by the following Article; | |
| Romania | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 2. Section 2: "For the purpose of this law:[...] information of public interest means any information concerning the activities or results of the activities of a public authority or public institution, regardless of the format or manner of expression of the information." | |
| Russia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 1: (Basic Definitions Used in the Present Federal Law): For the present Federal Law, the following basic definitions have been used: (1) information on the activities of government bodies and bodies of local self-government - information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government - municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity; Article 2(1): (Scope of the Present Federal Law): The scope of the present Federal Law extends to relations arising in connection with providing access for information users to information on the activities of government bodies and bodies of local self-government. | |
| Rwanda | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3: Every person has the right of access to information in possession of a public organ and some private bodies. The right of access to information includes the following: (1) assessing activities, documents or records; (2) taking notes, documents, extracts or copies of official documents or records; (3) taking documents or extracts of notified copies; (4) obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device. | Article 3 applies to right to any material in possession of a public authority. Broad definitions and no mention of any limitations. |
| Saint Kitts and Nevis | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2, 8 | |
| Serbia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 ...Information of public importance held by a public authority body shall denote the following notwithstanding: whether the source of information is a public authority or another person; the information medium (paper, tape, film, electronic media, et al) containing the document with the information; the date of creation of information; the manner of obtaining information; or another feature of information. | |
| Sierra Leone | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1. "information" includes any material regardless of its physical form or characteristics, such as a book, plan, map, drawing, film, microfiche, diagram, pictorial or graphic work, data, photograph, recording, audio or video-tape, machine-readable material or any other information held in electronic form, and also includes any sample, work, model or copy thereof; | |
| Slovakia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 3(1) \"Everybody shall have the right of access to information that the obliged people have available.\" | |
| Slovenia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art 4. "(1) Public information shall be deemed to be information originating from the field of work of the bodies and occurring in the form of a document, a case, a dossier, a register, a record or other documentary material (hereinafter referred to as "the document") drawn up by the body, by the body in cooperation with other body, or acquired from other persons." | |
| South Africa | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 1. ‘‘record’’ of, or in relation to, a public or private body, means any recorded information— (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively; | |
| Sri Lanka | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 43. In this Act, unless the context otherwise requires information includes any material which is recorded in, in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy thereof; | |
| Tajikistan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Art 2 definition of documents and information is suitably broad. | |
| Thailand | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 4 | Section 4. In this Act: "information" means a material which communicates matters, facts, data or anything, whether such communication is made by the nature of such material itself or through any means whatsoever and whether it is arranged in the form of a document, file, report, book, diagramme, map, drawing, photograph, film, visual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information in possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual; "State agency" means a central administration, provincial administration. local administration, State enterprise, Government agency attached to the National Assembly, Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional supervisory organisation, independent agency of the State and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing official duty for a State agency; "personal information" means an information relating to all the personal particulars of a person, such as education, financial status, health record, criminal record or employment record, which contain the name of such person or contain a numeric reference, code or such other indications identifying that person as fingerprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information relating to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic persons: (1) a company or partnership more than one-half of the capital of which belongs to aliens; provided that a certificate of share to bearer shall be deemed to be held by an alien; (2) an association more than one-half of members of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) or any other juristic person more than one-half of managers or directors of which are aliens. If the juristic person under paragraph one becomes a manager, director, member or owner of the capital of another juristic person, such manager, director, member or owner of the capital shall be deemed an alien | S. 4 provides an expansive definition of "information." |
| Trinidad and Tobago | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 4. In this Act - "applicant" means a person who has made a request in accordance with section 13; "designated officer", in relation to a public authority, means the person referred to in section 7 (1)(a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capable of being produced from a machine-readable record by means of equipment or a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in Part IV; "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created by that authority, and whether or not it was created before the commencement of this Act and, for the purposes of this definition, a document is held by a public authority if it is in its possession, custody or power; "personal information" means information about an individual, including - (a) information relating to the race, national or ethnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individual except where they relate to another individual; (f) correspondence sent to a public authority by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the individual; and (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; "prescribed" means prescribed by the Minister by regulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliament or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, the High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) the Tobago House of Assembly, the Executive Council of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the Municipal Corporations Act, 1990; (g) a regional health authority established under the Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is assigned to a Minster of Government; (i) a company incorporated under the laws of the Republic of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Constitution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the President's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, by Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public authority means - (a) the Minister of Government to whom responsibility for the public authority is assigned; or (b) such Minister of Government as the President may, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House of Assembly established under the Constitution. | Section 4 - information in any form |
| Turkey | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3: "The terms used in the law means following: [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law. [...]" Article 5: "The institutions are required to apply administrative and technical measures to provide every kind of information and document, with the exceptions set out in this law, to provide the information for applicants; and to review and decide on the applications for access information promptly, effectively and correctly. The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force." | Internal documents are excluded of the scope of the act. |
| Uganda | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 4. Interpretation. In this Act, unless the context otherwise requires – (...) "information" includes written, visual, aural and electronic information; (...) "record" means any recorded information, in any format, including an electronic format in the possession or control of a public body, whether or not that body created it | Section 4 definitions are extremely inclusive. |
| United Kingdom | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 84:"information" (subject to sections 51(8) and 75(2)) means information recorded in any form;" | One or two minor exclusions that are not enough to take off points. |
| United States | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 7(f)(2) definition seems to encompass everything. | |
| Uruguay | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Artículo 4º. (Información pública).- Se presume pública toda información producida, obtenida, en poder o bajo control de los sujetos obligados por la presente ley, con independencia del soporte en el que estén contenidas. | Art 4 - broad definition. |
| Yemen | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2: "<...> Information: Facts that are recognized in the conscience and which are present as moral and materialistic values in the form of numbers and letters; also, as drawings, images and sounds that which are being collected, processed and saved by electronic methods and sheets, <...>" | Definition of "information" seems broad enough. |
| Zimbabwe | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 “information” includes but is not limited to any original or copy of documentary material irrespective of its physical characteristics, such as records,book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the entity to which a request is made under this Act; | Information is defined broadly but the definition unnecessarily refers to the idea that the material be the subject of a request. |
| Angola | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 4(1)(a) administrative documents: any information media, be it print, audio, visual or digital, or any records of another nature, produced or held directly, indirectly or autonomously by public bodies, to wit, case files, reports, studies, opinion pieces, minutes, official records, circulars, ministerial memoranda, internal orders, internal normative decisions, instructions and guidelines for the interpretation of the law or setting the framework for an activity, as well as other pieces of information; 4(2) For the purposes of this law, the following shall not be deemed to be documents held by public bodies: (a) personal annotations and other notes, sketches or other records of a similar nature; (b) documents whose production does not arise from the activities of public bodies, in particular documents with reference to meetings of the Council of Ministers [Cabinet] as well as the preparation of such meetings. | Art 4(1)(a) expansive definition - includes documents produced AND held by bodies. However, 4(2) contains an exception for personal annotations or notes. |
| Australia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 4 Interpretation (1) In this Act, unless the contrary intention appears: ...Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet, if the notes were made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. ...document includes: (a) any of, or any part of any of, the following things: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (iv) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or duplicate; but does not include: (d) material maintained for reference purposes that is otherwise publicly available; or (e) Cabinet notebooks. ...document of an agency: a document is a document of an agency if: (a) the document is in the possession of the agency, whether created in the agency or received in the agency; or (b) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document. ...exempt document means: (a) a document that is exempt for the purposes of Part IV (exempt documents) (see section 31B); or (b) a document in respect of which, by virtue of section 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State. ...official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency. | S. 4(1) definition of "document" includes pretty much everything, but the blanket exemptions under s. 7(2A), (2C) and (2E) for documents held by agencies which are not exempt but which originated from agencies that are exempt costs them a point. Otherwise the scope is very broad - as confirmed by the case history cited in the information guide. |
| Finland | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 3 | [Principles of Openness] Article 5(1) For the purposes of this Act, a document is defined as a written or visual presentation, (2) An official document is defined as a document in the possession of an authority and prepared by an authority or a person in the service of an authority, or a document delivered to an authority for the consideration of a matter or otherwise in connection with a matter within the competence or duties of the authority. In addition, a document is deemed to be prepared by an authority if it has been commissioned by the authority; and a document is deemed to have been delivered to an authority if it has been given to a person commissioned by the authority or otherwise acting on its behalf for the performance of the commission, (3) [...] the following are deemed not to be official documents - (1) a letter or other document sent to a person in the service of an authority or to an elected official [...]; (2) notes kept by a person in the service of an authority or a person commissioned by an authority... (3) documents procured for in-service training, information retrieval or any other comparable internal activity of an authority; (4) a document given to an authority for the performance of a task on behalf of a private party, or prepared for this purpose; (5) a document left with or handed in to an authority as lost property. Article 6(1) Unless otherwise provided on document publicity or secrecy or another restriction of access to information in this Act or another Act, a document prepared by an authority shall enter the public domain as follows: (1) an entry in a continuously updated diary or comparable register enters the public domain when it is made; however, information on a suspect in the diary of a prosecutor enters the public domain only after the application for a summons or the prosecutor's summons has been signed or verified in a similar manner, or after the public prosecutor has decided to waive prosecution or the matter has lapsed. Article 15(2) If access is requested to personal, business, real estate or vehicle data or other similar identification or address information which is entered into a register meant for public use by another authority, the request may be transferred for the consideration of the appropriate registration authority. | There is a limited definition of the documents that are included under the scope (Official documents), at least in the FOI Act. For example, the "Drafts which have not yet been released for presentation or other consideration" and other internal documents are excluded (1 points loss). This exception refers to the so called "library-exception" concerning about documents procured for internal training, information retrieval and any other comparable internal activity of an authority. The purpose of the rule is to leave it to the discretion of the official to what extent it gives out information for example copies of publications or electronic dictionaries that are considered as working tools inside the authority. It does not refer to internal documents in general. |
| Germany | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Section 2(1) Official information shall be defined as every record serving official purposes, irrespective of the mode of storage. This shall not include drafts and notes which are not intended to form part of a file. | |
| Guinea | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 1. -document définitif: Tout document dont l'élaboration est achevée et susceptible d'être porté à la connaissance du public ... - l'information : toute connaissance ou donnée enregistrée quelque soit sa date, sa forme et son support, par les organismes soumis aux dispositions de la présente loi dans le cadre de l'exercice de leurs activités; 4. Sont considérés comme documents administratifs communicables au sens de la présente loi, quels que soient leur date, leur lieu de conservation, leur forme et leur support, les documents définitifs élaborés ou détenus par l'Etat, les collectivités locales ainsi que par les autres personnes de droit public ou les personnes de droit privé chargées de la gestion d'un service public, dans le cadre de leur mission de service public. | Broad definition, including any format. Held or produced by entities covered in the law. However, unfortunate reference to final documents (although it does not appear to be limited to that) and documents held by public authorities in the course of their public service work. |
| Honduras | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (5) Información Publica: Todo archivo, registro, dato o comunicación contenida en cualquier medio, documento, registro impreso, óptico o electrónico u otro que no haya sido previamente clasificado como reservado que se encuentre en poder de las Instituciones Obligadas, y que pueda ser reproducida. Dicha información incluirá la contenida en los expedientes, reportes, estudios, actas, resoluciones, oficios, decretos, acuerdos, directrices, estadísticas, licencias de todo tipo, personalidades jurídicas, presupuestos, liquidaciones presupuestarias, financiamientos, donaciones, adquisiciones de bienes, suministros y servicios, y todo registro que documente el ejercicio de facultades, derechos y obligaciones de las Instituciones Obligadas sin importar su fuente o fecha de elaboración; [...] | Article 3(5) seems broad, though Article 20 says there's no right to copy databases. |
| Iran | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Article 1. [...] (A) Information: Any data that has been recorded as document or saved in a software format or restored in any other setup. [...] (C) Public Information: Non-personal information such as regulations and bylaws, national and official statistics and numbers, office documents and correspondence that are not covered under the exceptions mentioned in chapter 4 of this law. Article 3. Every person can prevent the publication or distribution of the information which is produced by him/herself, in case it has been altered through the process of publication, on condition that this information has not been collected and prepared as the result of someone else’s order. If so, the [process] must follow the terms of the contract between them. | Information is defined broadly, but the right of access only applies to public information, which is a narrower definition. |
| Ireland | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Article 17(4) Where an FOI request relates to data contained in more than one record held on an electronic device by the FOI body concerned - (a) subject to paragraph (b), the FOI body shall take reasonable steps to search for and extract the records to which the request relates, being steps that involve the use of any facility for electronic search or extraction that existed on the date of the request and was used by the FOI body in the ordinary course, and [...] | This constrains data access in some cases. |
| Japan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2 (Definitions) (2) The term "Administrative Document" as used in this Act shall mean a document, picture, and electromagnetic record (a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same shall apply hereinafter.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees; Provided, however, that the followings shall be excluded: (i) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (ii) Items that are, pursuant to the provisions of a Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in the National Archives or other organs designated by a Cabinet Order. | Article 2(2) provides some exceptions but these are already publicly available documents or stored in separate archives. It does not exclude things like "internal documents" or databases. |
| Kuwait | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 1. - The information: The statement or certificate or knowledge or content related to a certain subject. The information shall be either in writing or drawing or reading or audio or visual, or other media. 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. The person is also entitled to peruse the administrative decisions that affect his rights and to acquire the information contained in any document related to him. Reg. 1. The Application: Each application submitted by the person to the authority to peruse or access the information and administrative decisions that affect their rights, and copies of the documents related thereto, in accordance with the template dedicated for this purpose.; The Documents: The papers and documents kept by the authority, whether digitally or in print, which are related to its competencies. | The definition in the Law is broad but then the Regulation seems to limit it to information within the competence of the public authority. There is also some question based on A2 of the Law and the definition of applicant in the Regulations, as well as some of the procedures, whether the right is limited to information relating to onesself. |
| Luxembourg | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | A1: Les personnes physiques et les personnes morales ont un droit d’accès aux documents détenus par les administrations et services de l’État, les communes, les syndicats de communes, les établissements publics placés sous la tutelle de l’État ou sous la surveillance des communes ainsi que les personnes morales fournissant des services publics, dans la mesure où les documents sont relatifs à l’exercice d’une activité administrative. Elles ont également accès aux documents détenus par la Chambre des Députés, le Conseil d’État, le Médiateur, la Cour des comptes et les Chambres professionnelles, qui sont relatifs à l’exercice d’une activité administrative. A3: Sans préjudice d’autres dispositions légales qui règlent l’accès à des documents détenus par les organismes visés à l’article 1er, paragraphe 1er, ces derniers sont tenus de communiquer les documents qu’ils détiennent et qui sont accessibles en vertu de la présente loi, quel que soit leur support, à toute personne physique ou morale qui en fait la demande sans que celle-ci ne soit obligée de faire valoir un intérêt. | Applies regardless of the format but is limited to information which is related to administrative activities which is could be abused |
| Maldives | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 72(c) “Information” refers to any kind of information, or any information produced at any given date, or any information produced by any given party, or any information stored in any device, held and maintained by a State Institute, and that which does not belong to a third party; (g) “Information of a State Institute” shall mean every piece of information which is produced, held or managed by State Institute; | Loss of one point for exempting information belonging to third parties. |
| Moldova | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 6(1) Under the present law, the official information is defined as all information held and administered by information providers, which has been developed, selected, processed, systematized and/or adopted by official bodies or persons, or that is presented to them in conformity with the law by other subjects. (2) Under the present law, documents containing information are considered: 1. any of the following (or a part thereof): a) any piece of paper or other material, which carries an inscription; b) a map, chart, drawing, photograph; c) any paper or other material, which carries markings, figures, symbols or perforation that have a meaning to people qualified to interpret them; d) any object or material that can be used to reproduce sound, images or inscriptions with or without the help of another object or device; e) any other register of information that appeared as a result of the technological progress. | Generally broad and appears to cover all forms of storage, albeit this is not as clear as it could be. But lose points for qualifiers on informaiton held such as "developed, selected, processed, systematized and/or adopted" and "presented to them in conformity with the law by other subjects", which could be used to narrow access. |
| Monaco | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | A21: Sont des documents administratifs, au sens du présent titre, toutes informations, quels que soient leur date, leur forme ou leur support, qui ont été produites, ou reçues de la part de toute personne physique ou morale, par les services mentionnés à l’article 2 dans l’exercice de leur activité. | Broadly defined but limited to "in the exercise of their activities". |
| Morocco | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2. Au sens de la présente loi, on entend par : (a) a) l'information : les données et statistiques exprimées sous forme de chiffres, de lettres, de dessins, d'images d'enregistrement audiovisuel, ou toute autre forme contenues dans des documents, pièces, rapports, études, décisions, périodiques, circulaires, notes, bases de données et autres documents à caractère général, produits ou reçus par les institutions ou les organismes concernés dans le cadre des missions de service public, quel que soit le support, papier, électronique ou autre. | Broad but limited to information received as part of their work ("dans le cadre des missions de service public") |
| Nepal | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2(b) "Information" means any written document, material, or information related to the functions, proceedings thereof or decision of public importance made by a Public Body. (c) "Public Importance" means a subject related directly or indirectly with the interest of citizens. (d) "Document" means any kind of scripted document and the word shall also includes any audio visual material collected and updated through a mechanical medium or that can be printed or retrieved. | Limited to information about functions or important decisions. |
| New Zealand | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2. Interpretation (1) In this Act, unless the context otherwise requires, department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Counsel Office) document means a document in any form; and includes (...) (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:(...) | 2(1)(b) definition is expansive without any exceptions. "Official Information" includes all info held, but with some limited exceptions. |
| Paraguay | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2) Public information: That produced, obtained under control or possession of public sources, regardless of format, medium, date of creation, origin, classification or processing, unless it is established as a secret or confidential nature by laws. | The formulation is broad, but the language is a little off. A right to information law should apply to all information, but with exceptions for access to certain information within that. By contrast, this language appears to excise certain information from the law's applicability entirely. |
| Philippines | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Section 1(a): "Information" shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, or any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office. Section 3: Access to Information: Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. | |
| Qatar | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | مادة 1: في تطبيق أحكام هذا القانون، تكون للكلمتين والعبارات التالية، المعاني الموضحة قرين كل منها، ما لم يقتضِ السياق معنى آخر المعلومات : البيانات والإحصاءات والوثائق المتاحة لدى الجهة المعنية بأي وسيلة، وفقاً لأحكام هـذا القـانـون 1.In applying the provisions of this law, the following words and expressions will have the meanings indicated next to each of them, unless the context requires another meaning: Information: Data, statistics and documents available to the concerned authority by any means, in accordance with the provisions of this law |
This is formally limited to "data, statistics and documents" as opposed to other forms, although it does go on to refer to being available to the authority "by any means". |
| San Marino | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 26(1). Administrative documents are all documents or sets of documents that are produced or received by the Administration in the performance of its duties and functions for the protection of the public interest as well as the exercise of public services, regardless of their date, form and material support. | Conditioned by being in the performance of its duties for the protection of the public interest and public services. |
| South Korea | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2(1) The term "information" means matters recorded in documents (including electronic documents; hereinafter the same shall apply), drawings, pictures, films, tapes, slides, and other media corresponding thereto that are made or acquired, and managed by public institutions for the performance of their duties; | Broad in scope but need to be managed in the performance of their duties. |
| South Sudan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Art 5 definition of "holds a record" includes information held by others on behalf of the public body, but seems to exclude information held by the public body on behalf of a non-public body. Otherwise, the definitions of "information" and "records" are reasonably broad. | |
| Sudan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2. Information means data, texts, images, diagrams, sounds, symbols, databases, and the like regardless of their form, source, date of creation, legal status or storage method. | Seems reasonably broad but is not as clear as it needs to be.` |
| Sweden | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Chapter 2, Article 3, Article 9, 10 and 11(for internal documents ). Main definition is: Art. 3. Document is understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority. | Not every document, just official documents and some internal documents (it can´t be assured if all) are included under the scope of the act. Memorandums, Preliminary outlines or drafts of decisions or written communications, etc. are included in the scope, but not to the extent they don´t add information to the case (1 point loss). |
| Taiwan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 3 “Government information” as defined in the Law means information which a government agency produces or acquires within its respective authority and is saved in the forms of documents, pictures, photos, magnetic disks, magnetic tapes, optical disks, microfilms, integrated circuits chips or others which can be read, seen, listened or understood with the assistance of technology or auxiliary methods. | Art 3 - "produces or acquires". However, it is limited to information "a government agency produces or acquires within its respective authority". |
| Togo | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Article premier : (2) La présente loi s'applique aux informations produites ou détenues par un service public dans le cadre de sa mission ou de ses attributions. Elle s'applique aussi à la conservation de ces informations par l'organisme public. (3) L'information comprend tout original ou copie d'un document quelles que soient ses caractéristiques physiques, tels que des correspondances, faits, opinions, avis, mémorandums, données, statistiques, livres, dessins, plans, cartes, diagrammes, photographies, enregistrements audiovisuels ou électroniques, et tout autre document tangible ou intangible, sans considération de la forme ou du moyen sous lequel il est conservé. Le document contenant l'information sollicitée doit être en possession ou sous le contrôle du responsable de l'information de l'organisme public. (4) La présente loi s'applique aussi aux informations détenues par un ordre professionnel. | Broad but limited to information "dans le cadre de sa mission ou de ses attributions" |
| Tunisia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Art. 3 - Au sens de la présente loi, on entend par les termes suivants : - l’accès à l’information : la publication proactive de l’information par l’organisme concerné et le droit d’y accéder sur demande, - information : toute information enregistrée quelque soit sa date, sa forme et son support, produite ou obtenue par les organismes soumis aux dispositions de la présente loi dans le cadre de l’exercice de leurs activités | Limited to information produced in the course of their work. |
| Ukraine | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | Article 1. Public Information 1. Public information shall mean information that is reflected and documented by any means and at any media and which was received or created in the process of performance by subjects of public authority of their duties envisaged in the acting legislation or which is in possession of the subjects of public authority, other administrators of public information determined by this Law. | All info possessed by the authority is public - at it specifically mentions that all info regardless of the form in which it is reflected, regardless of the carriers of information. Internal documents are included in the general description of the public information that can be accessed unless a restriction was imposed based on Article 6.2 (public interest test). Therefore the internal document are included, and to be restricted in access it should be formally assigned an \"official information\" status. |
| Vanuatu | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2(1) This Act applies to: (a) information held by a Government agency or a relevant private entity on or after 30 July 1980. (2) The Minister may, by Order, declare that this Act applies to records or information created or held by a Government agency at a date earlier than the period referred to in paragraph (1)(a). (5) For the purposes of this Act, information held by: (a) an official of a Government agency or an official of a relevant private entity; or (b) an independent contractor engaged by a Government agency or relevant private entity in its capacity as a contractor, is deemed to be information of that Government agency or relevant private entity. 3. hold in relation to information that is liable to be produced under this Act, means in the possession, custody or control of a Government agency, relevant private entity or private entity, whether or not it was created by any of them or whether created prior to the commencement of this Act 3. record means information held in any form or medium by a Government agency, relevant private entity or private entity, whether or not it was created by any of them or came into existence before the commencement of this Act, and includes: (a) a record in writing; or (b) a document, manuscript and file; or (c) a film (including microfilm), negative, microfiche and facsimile copy of a document; or (d) a map, plan, graph or drawing; or a photograph; or a disc, tape, sound track or other device in which sounds or other data are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced; or (e) an email, memo, opinion, advice, press releases, circular, order, logbook, contract, report, samples and models; | - |
| Andorra | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 13. 4: Applications are not accepted for processing, by reasoned decision: a) Refers to information that is being prepared or published in general or to information that it contains auxiliary in nature, such as content in notes, drafts, opinions, summaries, communications or reports between administrative bodies or entities. b) Addressed to an entity that does not have the requested information, when it does not know what it is the entity responsible for resolving the request. c) That they are manifestly repetitive or that they are abusive due to the volume of information or the elapsed and unjustified time in relation to the purpose of transparency of this Act. In that In this case, the applicant must be required to provide a reasoned and written justification for his / her application, which is the which must be examined. If the applicant did not attach it with his / her request, it must be attached required within five business days to provide it within an identical timeframe. If you don't, the application is filed ex officio and without the possibility of appeal. In this case, the request cannot be objected to of a later repetition. d) Referring to information that has already been published or that is subject to specific advertising regimes. 14. 5:. When the information is the subject of the request, despite being in the possession of the entity to which it has been has been prepared, in whole or in part, by another entity, it must be sent to the latter to decide on their access. 13. 4 : No s’admeten a tràmit, mitjançant resolució motivada, les sol·licituds: a) Referides a informació que estigui en curs d’elaboració o de publicació general o a informació que contingui caràcter auxiliar, com la continguda en notes, esborranys, opinions, resums, comunicacions o informes interns entre òrgans o entitats administratives. b) Dirigides a una entitat que no disposi de la informació sol·licitada, quan aquesta desconegui quina és l’entitat competent per resoldre la sol·licitud. c) Que siguin manifestament repetitives o que tinguin un caràcter abusiu pel volum d’informació o pel temps transcorregut i no justificat en relació amb la finalitat de transparència d’aquesta Llei. En aquest cas, cal exigir a la persona sol·licitant una justificació raonada i per escrit de la seva sol·licitud, que és la que ha de ser examinada. Si la persona sol·licitant no l’hagués adjuntat amb la seva petició, cal que li sigui requerida en el termini de cinc dies hàbils perquè l’aporti en un termini idèntic. En cas que no ho faci, la sol·licitud queda arxivada d’ofici i sense possibilitat de recurs. En tal cas, la sol·licitud no pot ser objecte d’una posterior reiteració. d) Referides a informació que ja ha estat publicada o que es troba sotmesa a règims específics de publicitat. 14. 5 :. Quan la informació objecte de la sol·licitud, malgrat estar en possessió de l’entitat a la qual ha estat dirigida, ha estat elaborada, en la seva totalitat o parcialment, per una altra entitat, li ha de ser remesa a aquesta darrera perquè decideixi sobre el seu accés. | |
| Austria | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2(1) Information within the meaning of this Federal Act is any record serving official or business purposes in the sphere of activity of an organ, in the sphere of activity of a foundation, a fund or an institution or in the business area of an enterprise, irrespective of the form in which it exists and is available. 16. Insofar as other federal or provincial laws contain special regulations on access to information or special public electronic registers have been established, this Federal Act shall not apply. | Restricted to records serving "official or business purposes", and there is a carve out for information covered under other laws providing for access to information. |
| Benin | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 70: Tout citoyen a le droit d’accéder aux documents ou aux renseignements détenus par un organisme public ou par ses agents dans l’exercice de leurs fonctions. 72: Le droit d’accès aux sources publiques d’information s’exerce quelle que soit la forme des documents : écrite, graphique, sonore, visuelle, informatisée ou autre. 84: Le droit d’accès aux sources publiques d’information ne s’étend pas aux notes personnelles inscrites sur un document, ni aux esquisses, ébauches, brouillons, notes préparatoires ou autres documents de même nature. | Only information held in relation to their functions and then exclusions set out in Article 84. |
| Burkina Faso | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Article 3 : La présente loi s'applique à l’accès à l’information publique et aux documents administratifs détenus par tout organisme de service public dans l'exercice de ses missions, que leur conservation soit assurée par l'organisme de service public ou par un tiers. Le droit d’accès ne s’applique qu’à des documents achevés. Article 4 : - document administratif : les documents produits ou reçus, dans le cadre de la mission de service public, par l’Etat, les collectivités territoriales ainsi que par les autres personnes de droit public ou les personnes de droit privé chargées d’une telle mission; - document inachevé : document imprimé ou existant sur tout autre support de conservation en cours d’élaboration, de finalisation ou de validation ; - information : tout original ou copie d’un document tels que les renseignements, les correspondances, les faits, les opinions, les avis, les mémorandums, les données, les statistiques, les livres, les dessins, les diagrammes, les photographies et les enregistrements quels que soient la forme et le support, qu’il soit en possession ou sous le contrôle du détenteur de l’information à qui la demande a été adressée | Broad definition of information but it only applies to completed documents and for documents received or produced as part of the public service mission. |
| China | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2 Government information as used in these Regulations, refers to information produced or acquired by the administrative organs in the course of their performance of administrative management functions, which has been recorded or saved in some form. | Points lost because only if produced or acquired in the course of administrative management functions, which could be read narrowly. |
| Cook Islands | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2. Interpretation- (1) In this Act, unless the context otherwise requires, "Cook Islander" means a member of the Polynesian race indigenous to the Cook Islands; "Document" means a document in any form, and includes– (a) any writing on any material; (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored; (c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means; (d) any book, map, plan, graph, or drawing; (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; "International Organisation" means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat; "Member" means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, whether by election or appointment or otherwise, holds office as a member of the organisation and includes –(a) where the organisation is a company or corporation, a director; and (b) where the organisation is a trust, a trustee; and (c) any temporary, acting, or alternative member of the organisation; "Ministry" includes– (a) a Ministry including a department of the Government of the Cook Islands set out in Schedule 1 to this Act; (b) a Ministry or department established after the coming into force of this Act, whether by statute or decision of the Executive branch of the Government of the Cook Islands unless, in the statute or decision establishing the Ministry or department, it is specifically excluded from the operation of this Act; "Official information" (a) means any information held by – (i) a Ministry; or (ii) a Minister of the Crown in his or her official capacity; or (iii) an organisation; and (b) includes any information held outside the Cook Islands by any branch or post of – (i) a Ministry; or (ii) an organisation; and (c) in relation to information held by the Ministry of Justice, includes information held by the Rules Committee established by section 102 of the Judicature Act 1980-81; and (d) in relation to information held by the University of the South Pacific, includes only information held by – (i) any full-time member of the academic staff of the University in the Cook Islands; or (ii) any other full-time officer or employee of the University in the Cook Islands; or (iii) any examiner, assessor, or moderator in the Cook Islands in any subject or examination taught or conducted by the University in the Cook Islands; but (e) does not include information contained in – (i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) material placed in the National Library by or on behalf of persons other than Ministers of the Crown in their official capacity or Ministries; and (f) does not include information which is held by a Ministry, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a Ministry or a Minister of the Crown in his or her official capacity or an organisation; and (g) does not include evidence given or submissions made to - (i) a commission of inquiry appointed by an Order in Executive Council made under the Commissions of Inquiry Act 1 966; or (ii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed pursuant to, and not by, any provision of an Act to inquire into a specified matter; and (h) does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsman and any Ministry or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsman Act 1984, other than information that came into existence before the commencement of that investigation; "Ombudsman" means the Ombudsman holding office under the Ombudsman Act 1984 | Art 2 includes documents in any form. However, it excludes information held on behalf of another person/body. Best practices indicate that RTI legislation should apply to all information held by a body regardless of ownership or origin. Also excluded are evidence or submissions made to commissions, or investigations by or communcations with the Ombudsman. |
| Cyprus | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | "Article 2 (Definitions) 2. Στον παρόντα Νόμο, εκτός αν από το κείμενο προκύπτει διαφορετική έννοια - «πληροφορία» σημαίνει πληροφορία καταγραμμένη σε οποιαδήποτε μορφή και περιλαμβάνει κάθε στοιχείο σε γραπτή, οπτική, ακουστική, ηλεκτρονική ή άλλη υλική μορφή· " | There is an exception for information/documents given to public authorities by third parties where there is an expectation of confidentiality |
| Denmark | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Section 5.2 "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, with the exception of the records referred to in point 2 of paragraph 1." Section 7.1. "The right of access to files shall not apply to an authority's internal working documents.<...>" Section 10. "The right of access to files shall not apply to: 1) records of meetings of the Council of State, minutes of meetings of ministers and documents prepared by an authority for use at such meetings; 2) correspondence between ministries on legislation, including appropriation acts; 3) documents drawn up in connection with considering proposals for decisions to be taken by the European Community or to do with the interpretation of or compliance with EC rules; 4) documents exchanged in connection with one authority acting as a secretariat for another authority; 5) correspondence between authorities and outside experts for use in court proceedings or in deliberations on possible legal proceedings; 6) material gathered as a basis for compiling public statistics or scientific research." | Section 5.2 excludes databases, section 7.1 excludes internal information and Section 10 involves the exceptions. |
| Dominican Republic | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Artículo 2.- Este derecho de información comprende el derecho de acceder a las informaciones contenidas en actas y expedientes de la administración pública, así como a estar informada periódicamente, cuando lo requiera, de las actividades que desarrollan entidades y personas que cumplen funciones públicas, siempre y cuando este acceso no afecte la seguridad nacional, el orden público, la salud o la moral públicas o el derecho a la privacidad e intimidad de un tercero o el derecho a la reputación de los demás. También comprende la libertad de buscar, solicitar, recibir y difundir informaciones pertenecientes a la administración del Estado y de formular consultas a las entidades y personas que cumplen funciones públicas, teniendo derecho a obtener copia de los documentos que recopilen información sobre el ejercicio de las actividades de su competencia, con las únicas limitaciones, restricciones y condiciones establecidas en la presente ley. Párrafo: Para los efectos de esta ley se entenderá por actas y expedientes a todos aquellos documentos conservados o grabados de manera escrita, óptica, acústica o de cualquier otra forma, que cumplan fines u objetivos de carácter público. No se considerarán actas o expedientes aquellos borradores o proyectos que no constituyen documentos definitivos y que por tanto no forman parte de un procedimiento administrativo. | Art 2 - scored 2 points because it excluded drafts and limited disclosure to documents with acts or objectives of a public nature, but in includes information produced by other parties held by the agency. |
| East Timor | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Article 2 Definition (1) For the purposes of this Directive, the official document means any information medium in written, visual, sound, electronic or other material form in possession of the bodies and entities referred to in paragraph 2 of the previous article. (2) Official documents include the following: A) Internal normative orders; B) Circulars; C) Guidelines or Guidelines; D) Instructions, E) Service orders; F) Memoranda; G) Minutes; H) Opinions; I) Offices; (J) Protocols; K) Reports; L) Contracts; (M) any other documents or communications which Administrative framework or interpretation of law. (3) Official documents for the purposes of this Directive shall not include the following: A) Personal notes; B) Outlines; C) Notes and other records of a similar nature. | Some explicit exclusions. |
| Guyana | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2. In this Act - [...] "document" (a) has the same meaning as in section 89 A of the Evidence Act - "document includes - (i) books, maps, plans, graphs, drawings and photographs, (ii) any disc, tape, soundtrack or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (iii) any film, negative, tape or other device in which one or more visual images embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom"; (b) includes any copy of a record which can be reproduced from a machine readable record under the control of a public authority however generated, such copy being deemed to be a record under the control of the public authority; "exempt document" means a document referred to in Part V; [...] 14(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - [...] (i) a record of an elected official of a local authority that is not in the custody or control of the local authority; [...] (4) Nothing in this Act shall be construed as compelling a public authority to disclose or make available any information or record created before the commencement of this Act. | 2 - "documents" definition seems relatively broad, and "information" and "record" are also quite broad - any material that can be accessed. But 14(1)(i) exempts records of local authorities not under their custody or control. 14(4) only applies the act to information created after its passage - a major problem. |
| Iceland | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 2 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. Article 2. This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probate or other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorize more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act. Article 3. Upon request, governmental authorities are required to grant the public access to available material on specific matters, subject to the restrictions stated in Art. 4-6. Nonetheless, governmental authorities are not required to prepare new documents or other material, exceeding what can be inferred from Art. 7. The right of access to material shall apply to: (1) Any documents concerning the matter, including any copies of letters sent by a government authority, providing it may be assumed that they have been delivered to the recipient, (2) Any other material concerning the matter, such as drawings, plans, maps, pictures, microfilms and material saved on computers, (3) Diary entries concerning material relating to the matter, and lists of material on the matter Governmental authorities shall be permitted to grant more extensive access to material than is prescribed in this Chapter, unless this is precluded by statutory provisions on secrecy obligations. Article 4: The public right of access to material shall not extend to: (1) Minutes of State Council meetings and Cabinet meetings, memoranda at ministerial meetings, or the documents prepared for such meetings, (2) Correspondence between governmental authorities and experts for use in legal proceedings or in investigating whether or not to initiate such proceedings, (3) The working documents a government authority has written for its own use; nonetheless, access shall be granted to working documents if they contain a final decision on the handling of a matter, or information not available from any other source, (4) Applications for employment by state or local authorities or material related to the applications; nonetheless, information on the names, addresses and job titles of the applicants must be provided after the application deadline has expired. | |
| Ivory Coast | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 1. Au sens de la présente loi, on entend par : - document définitif : tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public ; - document public : tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics ; - information d’intérêt public : toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. 3. Toute personne physique ou morale a le droit d’accéder, sans discrimination, à des informations d’intérêt public et documents publics détenus par les organismes publics. 6. Les documents publics sont communicables, notamment les dossiers, rapports, études, documents d’orientation ou de politiques publiques, comptes rendus, procès-verbaux, statistiques, directives, instructions, circulaires, notes de service, avis, prévisions, décisions et réponses ministérielles qui comportent une interprétation du droit ou une description des procédures administratives. 7. Le droit à la communication s’applique aux documents définitifs. Le dépôt aux archives publiques des documents communicables ne fait pas obstacle au droit à la communication desdits documents. 11. Toute personne qui souhaite accéder aux informations et aux documents publics présente une requête écrite à l’organisme concerné dans laquelle elle décline son identité et sa qualité. La requête est rédigée en langue française et comporte des données permettant raisonnablement d’identifier l’information recherchée. Un accusé de réception est délivré au requérant. Lorsque la demande n’est pas suffisamment précise ou lorsqu’une personne requiert une assistance pour identifier le document susceptible de contenir les renseignements recherchés, le responsable est tenu de lui prêter son concours. Le requérant n’est pas tenu de motiver sa demande. |
Not clear: information of public interest is big, but 6 and 7 are referring to final documents. |
| Jamaica | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Article 3. In this Act, unless the context otherwise requires - "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a company registered under the Companies Act, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created - (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Act, a document is held by a public authority if it is in its possession, custody or control; "public authority" means - (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which - (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5(3); (f) any other body or organization specified in an order under "responsible Minister" means the Minister responsible for the public authority which holds an official document. | Article 3. Definition - The definition is somewhat broad, but doesn't mention computerized files or raw data. |
| Kyrgyzstan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2.2. Everyone shall have the right of access to the information held by the information holders in the manner prescribed by this Law. 2.5 This Law shall not apply to: (1) relations related to proposals, applications and complaints of individuals and legal entities to state or local self-government bodies, with the exception of complaints filed in connection with violations of this Law; (2) relations arising in connection with the application of individuals and legal entities, the procedure for consideration of which is established by procedural legislation; 21.1 Provision of information upon request is subject to refusal if: (4) the requested information is not or should not be in the possession of the information holder. | There is a problematic carve-out for information which "should not be in the possession of the information holder". 2.5(1) and (2) exclude some additional information but the exact scope of this is not very clear. |
| Norway | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto. Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." Section 4 Definitions "‘Document’ means any logically limited amount of information stored in a medium for subsequent reading, listening, presentation, or transfer or the like. <...>" | |
| Saudi Arabia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2. Public Information: Raw data or processed data - unprotected - that is received, produced or held by public entities, regardless of the source, form or nature. 7.1 This Interim Regulation applies to all requests coming from any individual to access or obtain public information – unprotected – produced or held by public entities, regardless of the source, form or nature. This includes paper records, emails, information stored on computers, audio or video cassettes, microfiche, maps, photographs, handwritten notes or any other form of recorded information. | The right of access does not apply to "unprotected" types of information - namely the exceptions - which are scoped out from the Regulation entirely. 7.1 The following information should be considered as protected, and should not be disclosed: 1. Information that, if disclosed, may harm the Kingdom of Saudi Arabia„s national security, policies, interests or rights; 2. Military and security information; 3. Documents and information obtained in agreement with another state and classified as protected; 4. Inquiries, investigations, checks, inspections and monitoring in respect of a crime or violation; 5. Information that include recommendations, suggestions or consultations for issuing governmental legislation or decision not issued yet; 6. Commercial, industrial, financial or economic information that, if disclosed, may result in gaining profits or avoiding losses in an illegitimate manner; 7. Scientific or technological searches or rights included intellectual property right that, if disclosed, may result in infringement of incorporeal right; 8. Tender and bidding Information that, if disclosed, may give rise to violation of fair competition; 9. Information and the like, which are protected, confidential or personal under another law, or require certain legal action to be accessed or obtained. |
| Seychelles | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2. In this Act, unless the context otherwise requires - ... “information” includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, hook, drawing, plan, map. diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held in the possession or under the control of the public body; 9(1) A person who wishes to obtain access to access information under this Act may make a request in writing to the Information Officer of the concerned public body: Provided that no such request shall be made if any other written law provides for getting such information. | Broad definition of information but then s. 9 seems to claw that back if another law provides for access |
| Switzerland | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Article 5 (Official Documents): "1. An official document shall be any information: a. which has been recorded, regardless of the medium; b. retained by the authority which issued same or to which it has been communicated; and c. which concern the execution of a public function. 2. Documents which have been produced by means of a simple computerized process from recorded information which meets the requirements pursuant to (a), (b) and (c) above, shall be deemed to be official documents. 3. Not deemed to be official documents are any documents which: a. are used by an authority in a commercial capacity; b. have not been issued; or c. are intended for personal use. " Article 8 (Special Cases): "1. There is no right of access to official documents of joint reporting proceedings. 2 Access to official documents is granted only after the political or administrative decisions based thereon have been taken. " | Official documents of joint reporting proceedings; Official documents in general and documents about the status of pending or future negotiations to be granted are excluded from the scope (2 points loss). |
| Tanzania | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Section 3: "information" means any material which communicates facts, opinions, data or any other matter relating to the management, administration, operation or decisions of the information holder, regardless of its form or characteristics; "records" include any recorded information regardless of form or medium created, received and maintained by any information holder in the pursuance of its legal obligations or in the transaction of its business and providing evidence of the performance of those obligation or that business. | Both the definitions of information and record are limited to operational information. |
| Uzbekistan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 3. Information – data on persons, objects, facts, events, phenomena and processes irrespectively to sources and form of their presentation; 8(2) State and administration bodies, self-governance bodies, social associations, and other non-state non-for-profit organizations, and public officials shall be obliged, in accordance with the procedure established by the legislation, to provide each individual with an opportunity of getting familiar with the information that involves his rights, freedoms, and legitimate interests; to provide accessible resources and mass information support to users thereof on the rights, freedoms, and responsibilities of individuals, their security, and other issues of public interest. | 3 defines information broadly and 9 gives a right to apply for information. But 8(2), which seems to be the operative clause for requests, appears to limit this to information involving rights and interests. |
| Venezuela | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 3. A los efectos de esta Ley, se entiende por información de interés público todo dato o documento, independientemente del formato en que se encuentre, que se halle bajo el control o archivada bajo la responsabilidad de los sujetos obligados, que resulte necesaria para la participación protagónica del pueblo en el diseño, formulación y seguimiento de la gestión pública. 7. A los efectos de esta Ley, se considera información disponible la totalidad de la información de interés público que esté en posesión de los sujetos obligados, sin menoscabo de las excepciones establecidas en la Constitución de la República Bolivariana de Venezuela y la ley. Los sujetos obligados podrán, mediante decisión motivada, exceptuarse de proveer la información cuando el acceso a ella pudiere vulnerar los derechos humanos, comprometer la defensa o seguridad integral, generar una amenaza para el normal desarrollo socioeconómico de la República, afectar la salud pública o el orden público. | Applies to documents/data in any format held by or archived under the control of an authority, but only includes information necessary for people's participation in public management, which is a significant limitation. |
| Zambia | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Not mentioned | |
| Cape Verde | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | 3(1) For the purposes of this law, it is considered: a) Administrative documents - any content or part of that content that is in possession or is held, on behalf of the bodies and entities referred to in the previous article, whether in graphic, sound, visual, computerized information or records of another nature, namely, processes, reports, studies, opinions, minutes, records, circulars, directives, circular letters, service orders, internal normative dispatches, instructions and guidelines for legal interpretation or framing of activities or other information elements, including in them, namely, those related to: i. Procedures for issuing administrative acts and regulations; ii. Public procurement procedures, including the concluded contracts; iii. Management of human resources, namely those related to recruitment procedures, staffing, professional development, evaluation, exercise of disciplinary power and any changes to the respective legal relationships. (2) For the purposes of this law, the following are not considered administrative documents: a) Personal notes, sketches, notes, electronic communications and other records of a similar nature, whatever their support; b) Documents the preparation of which does not fall within the scope of administrative activities, those relating to judicial function or activities, as well as those relating to the meeting of the Council of Ministers and its preparation; c) Documents produced within the scope of diplomatic relations of the State of Cape Verde. | Very unclear. Broad exclusions from "administrative documents" but s. 5 gives access to "administrative information" and also "documents". |
| Fiji | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | Article 2. “Information” means any material in any form, including a record, report, correspondence, opinion, recommendation, press statement, circular, order, logbook, agreement, sample, model, data or document such as— (a) a map, plan, drawing or photograph; (b) any paper or other material on which there is a mark, figure, symbol or perforation that is capable of being interpreted; (c) any article or material from which a sound, image or writing is capable of being reproduced with or without the aid of any other article or device; or (d) any article on which information has been stored or recorded either mechanically or electronically, provided that the material directly affects a determination or decision made by a public agency in relation to the person making a request under section 6. Article 6. (2) Notwithstanding any other provision in this Act, the information requested by a person under subsection (1) must be information which— (a) directly affects the person making the application; and (b) comes into existence upon or after the commencement of this Act. | Information is defined broadly but then the scope is limited to cases where the information directly affects a decision regarding the requester. Plus the information must come into existence after the Act comes into force. See also 6(4), which limits the scope of "directly affecting" the requester. |
| Liechtenstein | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | Articles 3 and 29. | Not referring to documents but to the sort of information authorities have to report, archived information excluded. |
| Pakistan | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | 2(v) "information" means information based on record; (x) "record" means a public record as defined in section 6; (xii) "right of access to information" means the right of access to information accessible under this Act which is held by or under the control of any public body and includes the right of access to information, documents or record in digital or printed form, as the case may be; 6 Subject to the provisions of section 7, the following record of all public bodies is hereby declared to be the public record, namely: - (a) policies and guidelines; (b) transactions involving acquisition and disposal of property and expenditure undertaken by a public body in the performance of its duties and functions; (c) information regarding grant of licences, allotments and other benefits, privileges, contracts and agreements made by a public body; (d) final orders and decisions, including decisions relating to members of public; and (e) any other record which may be notified by the Minister-in-charge of the Federal Government as public record for the purpose of this Act. | Very confusing as to scope here. Information is defined as "based on record" which is then defined by reference to section 6, which has a very limited definition. The "right of access to information" refers to information being "held by or under the control of" any public body, which is much broader. |
| Palau | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | 4(5) "Public record" means any written or printed report, book, paper, map, or plan of a governing body, which is the property thereof and in or on which an entry has been made or is required to be made by law, or which any public officer or employee of a governing body has received or is required to receive for filing, but shall not include records that invade the right of privacy of any person or business entity as defined in this Act. | Significant limitations to the definition, including that it be written, that it be property of the public body and an entry is either made upon it or is required to be made by law, or that it is received for filing. 9(a), setting out the procedural right of access, is even more limited because it refers to 'produced by' a public body. |
| Republic of Belarus | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | Article 1. Main terms used in this Law and their definitions The following main terms and their definitions are used in this Law: access to information – a possibility to acquire information, and to use it; information – data about individuals, objects, facts, events, phenomena and processes regardless the form of its provision; documented information – information recorded on a tangible medium with details that allow it to be identified; Article 15. Types of information Depending on the access category, information is divided into: • publicly accessible information; • information dissemination and / or provision of which is restricted. Article 16. Publicly accessible information Publicly accessible information shall include information the dissemination and (or) provision of which is not restricted. May not be restricted access to information, dissemination and (or) provision of information: • on the rights, freedoms, legitimate interests and obligations of individuals, rights, legitimate interests and obligations of legal entities and on the procedure for the implementation of rights, freedoms and legitimate interests, and performance of duties; • on the activities of state bodies and non-governmental associations; • on the legal status of state bodies, with the exception of information that is restricted by legislative acts of the Republic of Belarus; • on the socio-economic development of the Republic of Belarus and its administrative-territorial units; • on emergency situations, environmental, sanitary and epidemiological conditions, hydrometeorological and other information reflecting the state of public safety; • on the state of health care, demography, education, culture, [and (or)] agriculture; • on the state of crime, as well as on the facts of violation of the law; • on benefits and compensation provided by the state to individuals and legal entities; • on the size of the gold reserve; • on overall external debt indicators; • on the state of health of officials holding positions included in the list of senior public positions of the Republic of Belarus; • accumulated in open collections of libr+G39aries and archives, information systems of state bodies, individuals and legal entities created (intended) for information service of individuals. Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include: • information on the private life of an individual and personal data; • information constituting state secrets; • official information of restricted distribution; • information constituting a commercial, professional, banking, or other legally protected secret; • information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings; • other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus. | Regarding content: Information is divided into publically accessible and restricted. The restricted information is further broadened by Article 17 which states "The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus" Regarding format: information is defined as – data about individuals, objects, facts, events, phenomena and processes regardless the form of its provision; documented information is defined as – information recorded on a tangible medium with details that allow it to be identified; |
| Spain | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | Artículo 13. Información pública. Se entiende por información pública los contenidos o documentos, cualquiera que sea su formato o soporte, que obren en poder de alguno de los sujetos incluidos en el ámbito de aplicación de este título y que hayan sido elaborados o adquiridos en el ejercicio de sus funciones. Artículo 18. Causas de inadmisión. 1. Se inadmitirán a trámite, mediante resolución motivada, las solicitudes: a) Que se refieran a información que esté en curso de elaboración o de publicación general. b) Referidas a información que tenga carácter auxiliar o de apoyo como la contenida en notas, borradores, opiniones, resúmenes, comunicaciones e informes internos o entre órganos o entidades administrativas. c) Relativas a información para cuya divulgación sea necesaria una acción previa de reelaboración. d) Dirigidas a un órgano en cuyo poder no obre la información cuando se desconozca el competente. e) Que sean manifiestamente repetitivas o tengan un carácter abusivo no justificado con la finalidad de transparencia de esta Ley. 2. En el caso en que se inadmita la solicitud por concurrir la causa prevista en la letra d) del apartado anterior, el órgano que acuerde la inadmisión deberá indicar en la resolución el órgano que, a su juicio, es competente para conocer de la solicitud. | Aunque la ley define como información pública toda la información que haya sido elaborada o adquirida por los sujetos definidos por la ley, el propio texto impide solicitar información que está en proceso de elaboración o que tenga carácter auxiliar (notas, borradores, opiniones, resúmenes, comunicaciones e informes internos, excluyendo tipos de información. información. |
| Vietnam | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | Article 2(1): Information means news, data created by state agencies, contained in documents, dossiers, materials in forms of hand-writing copies, printed copies, electronic copies, paintings, pictures, drawings, tapes, disks, videos, recordings or other forms.; Article 2(2): Information created by state agencies means news, data that are created by state agencies during the performance of their regulated functions, tasks and authority; and are signed, stamped or confirmed in written by the authorized person. Reg. 14(2): The access to information created before July 1, 2018, must continue to comply with the regulations on access to information enacted before the effective date of the Law on Access to Information and Article 3 of that Law. | Only if "created" by public bodies "during the performance of their regulated functions: and "confirmed in writing by the authorised person"; according to the Reg., only seems to apply prospectively |
