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 |
---|---|---|---|---|---|---|---|
Azerbaijan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Code of Administrative Offences, 374 (see also 371, 372, 373, 374.2 and 374.3) | |
Bangladesh | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 25: "Making of Complaint, disposal, etc.- (1) A person may lodge a complaint to the Information Commission for any of the following reasons namely: (a) if he gets no information under sub-section (1) of section 13; (b) if he is aggrieved by the decision on his appeal under section 24; (c) if he gets no information within the time-limit mentioned in section 24 or, as the case may be, gets no decision about providing information. (2) A complaint may be lodged to the Information Commission at any time in respect of any matter mentioned in clause (a) of sub-section (1), and within 30 (thirty) days from the date of such decision or, as the case may be, the date of exceeding the time-limit in respect of any matter mentioned in clause (b) and (c) of sub-section (1). (3) If the Information Commission is satisfied that the complainant, for any reasonable cause, fails to lodge a complaint within the time limit as mentioned in sub-section (2), it may accept the appeal even after the expiry of that time. (4) If the Information Commission is satisfied upon an complaint or other wise that any authority or, as the case may be, any officer-in-charge has failed to do an act or has done an act that was not necessary to do in accordance with the provisions of this Act, it may take action against such authority or, as the case may be, such officer-in-charge under this section. (5) On receipt of a complaint under sub-section (1) or if it is required to take an action under sub-section (4), the Chief Information Commissioner himself shall enquire into the complaint or delegate the duty to any other information Commissioner to enquire into the same. (6) The Chief Information Commission or, as case may be, the Information Commissioner, within 30 (thirty) days from the date of taking or receiving duty under sub-section (5), shall, after completing the enquiry into the complaint, prepare a decision-paper for the Information Commission. (7) The decision-paper mentioned in sub-section (6) shall be presented in the next meeting of the Information Commission, and it shall, on discussion in the meeting, take decision regarding the matter. (8) During the enquiry into any complaint under this section, the authority or, as the case may be, the officer-in-charge against whose decision the complaint is lodged, shall be given an opportunity to present arguments in support of his decision. (9) If a third party is involved in the complaint, the Commission shall also give such third party an opportunity to present his statements. (10) The Information Commission shall, in general, dispose of any complaint made under sub-section (1) with in 45 (forty five) days of receiving such complaint, but, in special cases, if it requires extended time to complete the enquiry and depositions of the witnesses, the complaint may be disposed of within such extended time: Provide that the time limit of disposing of a complaint shall not, in any way exceed more than 75 (seventy five) days inclusive of extended time. (11) At the time of taking decision under this section, the Information Commission shall have the following powers namely: (a) to direct the authority or, as the case may be, the officer-in-charge to take the following steps which are necessary to take under the provisions of this Act, namely: (i) to provide the requested information in a specific manner; (ii) to appoint an officer-in-charge; (iii) to publish any special information or special class of information; (iv) to being changes in the procedures to be followed by the authority in respect of preservation, management or publication of information; (v) to impart better training on right to information to the officers of the authority; (vi) to give compensation for any loss or damage; (b) to impose fines under this Act; (c) to keep the decision of the authority in force; (d) to reject any complaint; (e) to classify the information newly by the authority; (f) to interpret any matters relating to the nature, classification, preservation, publication, supply of information in the light of this Act. (12) Any decision passed under this section by the Information Commission shall be binding upon all concerned. (13) The Information Commission shall inform its decision to all concerned in writing. (14) The Information Commission shall take other steps in disposing of a complaint in such manner as may be prescribed by regulations." 27: "Fines, etc. (1) With reference to the disposal of any complaint or otherwise, if the Information Commission has reasons to believe that an officer- in-charge (a) has refused to receive any request for information or an appeal without assigning any reasons; (b) has failed to provide information to the applicant or to make decision within the time-limit determined by the Act; (c) has refused to receive a request or an appeal with mala fide intention; (d) has provided wrong, incomplete, confusing and distorted information in place of the information that was sought for; (e) has created impediments in receiving information; then, the Information Commission may impose fine for per day 50 (fifty) taka from the date of doing such action by the officer-in- charge to the date of providing information, and such fine shall not, in any way, exceed more than 5000 (five thousand) taka. (2) The Information Commission shall, before imposing any fine under sub- section(1), give the officer-in-charge an opportunity of hearing. (3) If the Information Commission is satisfied that the officer-in-charge has created impediments in getting information of any citizen by any act under sub- section (1), than, it may, in addition to imposing fine under sub-section (2), recommend the concerned authority to take departmental action against the officer, treating his such act to be a misconduct, and may request the authority to inform the Information Commission about the action taken last in respect of this matter. (4) If any fine or compensation payable under this Act is not paid, it may be recoverable from the concerned officer through such procedures as are applicable for the recovery of a land revenue in accordance with the provisions of Public Demands Recovery Act, 1913 (Act IX of 1913)." | Art 25 allows for structural solutions, Art 27 allows for sanctions. |
Bulgaria | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 42. (Amended, SG No. 49/2007) (1) If not subject to a harsher penalty, a civil servant who failed to respond within the specified time limits to a request for access to public information without exculpatory reason, shall be fined between 50 and 100 leva. (2) If not subject to a harsher penalty, a civil servant who did not follow a court order to grant access to public information shall be fined between 200 and 2000 leva. (3) Any failure to meet the obligations under art. 31, sub-art. 3 shall be punished with a fine between 50 and 100 leva for physical persons or between 100 and 200 leva for legal entities. (4) For failure to provide access to public information by the persons described in art. 3 sub-art. 2, the punishment shall be a fine between 100 and 200 leva. | |
Chile | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Artículo 45.- La autoridad o jefatura o jefe superior del órgano o servicio de la Administración del Estado, requerido, que hubiere denegado infundadamente el acceso a la información, contraviniendo, así, lo dispuesto en el artículo 16, será sancionado con multa de 20% a 50% de su remuneración. Artículo 46.- La no entrega oportuna de la información en la forma decretada, una vez que ha sido ordenada por resolución a firme, será sancionada con multa de 20% a 50% de la remuneración correspondiente. Si la autoridad o jefatura o jefe superior del órgano o servicio de la Administración del Estado, requerido, persistiere en su actitud, se le aplicará el duplo de la sanción indicada y la suspensión en el cargo por un lapso de cinco días. Artículo 47.- El incumplimiento injustificado de las normas sobre transparencia activa se sancionará con multa de 20% a 50% de las remuneraciones del infractor. | Art 45 - 47 allow officials to be sanctioned, and the according to our expert the Council has some power to order remedial action. |
Colombia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | N/A | Yes - through the Public Ministry. |
Croatia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Art.43.3.: Inspectional supervision is conducted upon the petitions received from beneficiaries of the right of access to and re-use of information, upon the proposal of the third party or ex officio. Art.62.4.: A fine for a misdemeanor in the amount ranging from 2,000.00 to 10.000,00 HRK shall be issued to the responsible person if he/she fail to deal away with illegal practices, irregularities and deficiencies specified in the Minutes within the set deadline. | Information Commissioner can ex officio start inspectional supervision. In the minutes of the supervision, inspector lists action that have to be taken by the public body. If these are not undertaken within deadlines set by the inspector, financial sanctions can be issued. |
Gambia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 54(2) The Commission shall at its own discretion and power- (c) make any determination it considers just and equitable including issuing recommendation, imposing such fines or penalties in matters before it as it considers appropriate; (e) authorise or undertake any action it deems necessary or appropriate for the execution of its mandate under this Act; 66(1) In the event of non-compliance by an information holder with any of the obligations under this Part, the Commission may issue a notice specifying a timeframe for compliance with the obligation and any further directives as the Commission considers necessary or appropriate. (2) If the information holder fails to comply with a notice issued by the Commission under sub-section (1), the Commission may impose such penalty as it considers necessary or appropriate. 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; | |
Ghana | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 43(2) The Commission shall have the power to (c) make any determination as the Commission considers just and equitable including issuing recommendations or penalties in matters before the Commission; 71(2) A decision of the Commission may include (f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act; | Commission can levy an administrative penalty against public institutions for failing to meet their obligations. |
Italy | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Article 46(1) Non-compliance with the obligation of publication provided by the legislation in force and the refusal or delay or limitation of the civic access, with exception for the cases provided by article 5-bis, constitutes element of evaluation for managerial responsibility, possible cause of responsibility for damage to the reputation of the administration and are in any case evaluated for the provision of the retribution of result and accessory retribution related to the individual performance of the individuals involved. (2) The responsible is not liable according to paragraph 1 if he proves that the non-compliance was caused by events not attributable to him. | |
Ivory Coast | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 21. La CAIDP peut infliger une astreinte par jour de retard à l’organisme public mis en cause dans les cas suivants: le refus de réceptionner une demande sans motif légitime; le rejet d’une demande sans motivation; l’absence de réponse à une demande dans les délais prévus aux articles 12 et 13 de la présente loi. Decree 2014-462 of 6 August 2014, 31(4). En cas de non-respect de ses décisions, le Conseil peut infliger à l'organisme concerné l'amende prévue à l’article 20 de la loi n°2013-867 du 23 décembre 2013 susvisée. (5) Cette amende est fixée à 360.000 Francs. 32. La CAIDP peut infliger une astreinte par jour de retard a l’organisme public mis en cause, dans le case suivants: - refus de receptionner une demande sans motif légitime - rejet d’une demande sans motivation - absence de reponse a une demande dans les délais prévus aux articles 12 et 13 de la loi n°2013-867 du 23 décembre 2013 susvisée. | |
Kosovo | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 28(1) In addition to other duties and responsibilities provided for by this Law and other laws, the Agency has the following duties and responsibilities as well: (1.1) monitor and report in relation to compliance and adherence of this Law by public institutions; (1.2) recommend changes and general and specific reforms addressed to a specific institution, in relation to the right of access to public documents. 32(1) The Agency is competent to impose fines against public institutions and responsible officers, in accordance with the provisions of this Law. (2) The financial means collected from the imposition of fines under Article 33 of this Law shall be deposited to the budget of the Republic of Kosovo. (3) Prior to imposing any of the fines provided under Article 33 of this Law, the Agency shall inform the public institution of the purpose and the reason for imposing the fine and shall provide a time limit of not less than seven (7) days to remedy the identified violation, so that the fine is not imposed. (4) In the procedure for imposing fines under this Law, the Agency shall act in accordance with the provisions of the relevant law governing the procedure for imposing fines by the Agency. (5) In case the public institution does not improve the identified violation according to the instructions of the Agency, the latter shall make a decision to impose the fine. 33(1) The public institution which in contradiction to the provisions of this Law, disables, hinders or restricts the realization of the right of access to public documents, shall be fined from three thousand (3,000) to ten thousand (10,000) euro. (3) The public institution that fails to respond to the request for access to public documents shall be given a fine from one thousand (1,000) to three thousand (3,000) euro. | |
Liberia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 7.1: "Fines for violations: The person deemed responsible for a public authority or private entity to violate this act will be subject to a fine not less than L$5,000 and not greater than L$10,000.00 in addition to reimbursement of any reasonable attorney costs incurred by the successful applicant." 7.2: "Dismissal: A public servant who without authorization and any legal basis wrongfully denies an applicant access to information or otherwise violate a person's right of access shall be subject to a fine of not less than L$5,000 and not greater than L$10,000 plus a formal reprimand for the first wrongful conduct. The person shall be suspended for two months without pay for the second offense, and immediate dismissal for the third time of violation." 7.3: "When Civil Sanctions may be imposed: The fines established in Section 7.1 and the personnel actions provided for in Section 7.2 hereof may be imposed by an authority or entity or the Independent Information Commissioner at the end of an internal review or a hearing consistent with due process." 7.4: "Criminal Sanction for Willful Destruction of Records: It shall be a criminal offence punishable on conviction with a maximum of two (2) years imprisonment for willfully destroying or altering records after that have are the subject of a request for information." | Sanctions under 7.1 - 7.4. Structural solutions can be imposed by the information commissioner. |
New Zealand | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 22 Procedure after investigation (3) If in any case to which this section applies an Ombudsman is of opinion (a) that the matter should be referred to the appropriate authority for further consideration; or (b) that the omission should be rectified; or (c) that the decision should be cancelled or varied; or (d) that any practice on which the decision, recommendation, act, or omission was based should be altered; or (e) that any law on which the decision, recommendation, act, or omission was based should be reconsidered; or (f) that reasons should have been given for the decision; or (g) that any other steps should be taken the Ombudsman shall report his opinion, and his reasons therefor, to the appropriate department or organisation, and may make such recommendations as he thinks fit. In any such case he may request the department or organisation to notify him, within a specified time, of the steps (if any) that it proposes to take to give effect to his recommendations. The Ombudsman shall also, in the case of an investigation relating to a department or organisation named or specified in Parts 1 and 2 of Schedule 1, send a copy of his report or recommendations to the Minister concerned, and, in the case of an investigation relating to an organisation named or specified in Part 3 of Schedule 1, send a copy of his report or recommendations to the mayor or chairperson of the organisation concerned. (...) | Yes – this is within the ambit of the Ombudsmen's powers – Ombudsmen Act 1975 s. 22(3). |
Norway | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Act concerning the Storting´s Ombudsman for Public Administration, Article 10 "<...> The Ombudsman may point out that an error has been committed or that negligence has been shown in the public administration. If he finds sufficient reason for so doing, he may inform the prosecuting authority or appointments authority what action he believes should be taken accordingly against the official concerned. <...> If the Ombudsman finds that there are matters which may entail liability to pay compensation, he may, depending on the circumstances, suggest that compensation should be paid.<...>" | The Ombudsman, in the exercise of his charge, can draw the attention of the appropriate administrative agency. |
Saint Kitts and Nevis | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 43(3)(d); 44(2)(f) | Commission can fine them. |
Serbia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Article 22: "An applicant may file a complaint with the Commissioner if: 1) the authority rejects the request of the applicant, within 15 days from the day when the decision or other act was delivered to him; 2) a public authority contrary to Article 16 para 1 to 3 of this Law, does not respond within the prescribed period to the request of the applicant; 3) the authority, contrary to Article 17, paragraph 2 of this Law, conditions the issuance of a copy of the document containing the requested information by payment of a fee exceeding the amount of the necessary costs of making that copy; 4) the authority fails to make available a document containing the requested information in the manner provided for in Article 18, paragraph 1 of this Law; 5) the authority does not make available the document containing the requested information ie does not issue a copy of the document in the manner provided in Article 18, paragraph 4 of this Law, or 6) the authority otherwise hinders or prevents the applicant from exercising the right to free access to information of public importance contrary to the provisions of this Law." | |
Sierra Leone | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 45. (1) The Commission shall, on the receipt of an application for review under section 43, as soon as is reasonably possible, and in any case not later than fifteen days after giving both the complainant and the relevant public authority an opportunity to respond in writing, make an order (a) rejecting the application; or (b) requiring the public authority to take such steps as may be necessary to bring it into compliance with its obligations under this Act, including (i) providing access to information; (ii) providing access to information in a particular form; (iii) requiring a public or private body to compensate the complainant for any loss or other detriment suffered; or (iv) imposing a fine on the public authority. | |
Slovenia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Information Commissioner Act Article 15. (Liability for violations) "(1) A fine in range of SIT 100.000 to SIT 250.000 will be imposed upon an official responsible for a violation, with which according to the provision of Article 10(1) of this Act, while delivering the applicant's appeal, in spite so requested, the official fails to transfer to the Information Commissioner the demanded document, case, dossier, register, record or documentary material, although they are in the bodies' possession. (2) A fine in range of SIT 100.000 to SIT 250.000 will be imposed upon an official responsible for a violation, when according to the provision of Article 10(3) of this Act, in spite of the Information Commissioners decision, the official fails to transfer the required document, case, dossier, register, record or documentary material to the applicant. (3) A fine in range of SIT 100.000 to SIT 250.000 will be imposed upon a responsible official of the data controller, who in spite of the Information Commissioner's decision on a case of applicant's appeal from point 3 of Article 2(1) of this Act, fails to assure the applicant the right defined in point 3 of Article 2(1)." Access to Public Information Act Article 39 (Liability for misdemeanor) "(1) A fine of at least SIT 250.000 shall be imposed upon a person for the misdemeanor of destruction of a document, a case, a dossier, a register, a record or a documentary material containing public information, with the intention of making such information inaccessible to the public. (2) A fine of at least SIT 350.000 shall be imposed upon a responsible person of the body for the misdemeanor of destruction of a document, a case, a dossier, a register, a record or a documentary material containing public information, with the intention of making such information inaccessible to the public. (3) A fine of at least SIT 150.000 and at most SIT 300.000 shall be imposed upon an official of the body for the misdemeanor, if this person does not, without justification, transmit the requested public information within the prescribed time limit or does not publish the catalogue of public information or in a larger extent other prescribed information or does not submit the annual report from first paragraph of Article 37 of this Act in the prescribed deadline. (4) A fine of SIT 150.000 to SIT 300.000 shall be imposed upon an individual, and a fine of SIT 300.000 to SIT 3.000.000 upon a legal person or an entrepreneur, who re-uses the public information for commercial purposes, for which the body charges a price or states other conditions and the body did not allow such re-use." Article 10 (Transmission of information to the World Wide Web) "(1)Each body is obliged to transmit to the World Wide Web the following public information: 1. Consolidated texts of regulations relating to the field of work of the body, linked to the state register of regulations on the Web; 2. Programmes, strategies, views, opinions and instructions of general nature important for the interaction of the body with natural and legal persons and for deciding on their rights or obligations respectively, studies, and other similar documents relating to the field of work of the body; 3. Proposals for regulations, programmes, strategies, and other similar documents relating to the field of work of the body; 4. All publications and tendering documentation in accordance with regulations governing public procurements; 5. Information on their activities and administrative, judicial and other services; 6. All public information requested by the applicants at least three times; 7. Other public information. (2) Each body should facilitate, free of charge, access to information referred to in the preceding paragraph. (3) The Ministry also enables access to information from the first paragraph via the joint government portal e-uprava." | Reviewer: Art. 15 of the Information Commissioner Act imposes liability for violations of Commissioner's decisions or his authority to demand documents etc. Article 39 of the the Access to Public Information Act prescribes penalties for not transmitting the requested public information within the prescribed time limit, for destroying documents etc. But not only penalties may be imposed; Administrative Inspection (under the Ministry of Public Administration) supervises all aspects of Access to Public Information Act and may order all kinds of measures (in accordance with the Inspection Act) publications of catalogs; appointment of the official person, responsible for handling requests; transmission of information to the World Wide Web in accordance with Art. 10 of the Access to Public Information Act... Ministry of Public Administration also provides counselling to other bodies in relation to the application of the provisions of this Act (Art. 32/2). |
South Sudan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 40(1) allows for broad investigations into compliance which, combined with 42(4) and 43(2) satisfy this indicator. | |
United Kingdom | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Section 48 and 52. | |
Vietnam | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 2 | Law on State Compensation Liability, Penal Code: Article 167. 1. Any person who uses of violence, threatens to use violence or otherwise obstructs a citizen from exercising his/her freedom of speech, freedom of the press, right of access to information or right to protest despite the fact that he/she has incurred disciplinary or administrative penalty for the same offence shall face a penalty of up to 02 year's community sentence or 03 - 24 months' imprisonment. 2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment: a) The offence is committed by an organized group; b) The offence involves abuse of the offender's her position or power; c) The offence has a negative impact on social safety, order and security. 3. The offender might be forbidden from holding certain positions for 01 - 05 years. | |
Albania | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 18(2)(q) non-disclosure of official documents, contrary to the rules in force, with the intention to obstruct the right to information is punishable by 150 000 to 300 000 ALL. | |
Armenia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Article 189, Section 7 of the Code of Administrative Violations. | Only remedial actions |
China | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 52. Where administrative organs violate the provisions of these Regulations by failing to establish and complete relevant systems and mechanisms for open government information, the administrative organ at the level above is responsible for ordering corrections; where the circumstances are serious, the leaders with responsibility and directly responsible personnel are given sanctions in accordance with law. 53. In any of the following circumstances, where administrative organs violate the provisions of these Regulations, the administrative organ at the level above is to order corrections; and where the circumstances are serious the leaders with responsibility and directly responsible personnel are given sanctions in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law. (1) Not performing open government information functions in accordance with law; (2) Not promptly updating the contents of government information that has been disclosed, the open government information handbook, and the open government information catalog; (3) Other circumstances violating the provisions of this Regulation. | "ordering corrections" but no organisational sanctions (the sanctions are for individuals) |
Cyprus | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | "Article 40 (Good Practice Recommendations) 40.-(1) Ο Επίτροπός, σε περίπτωση που κρίνει ότι η πρακτική δημόσιας αρχής σε σχέση με την άσκηση των αρμοδιοτήτων της δυνάμει των διατάξεων του παρόντος Νόμου δεν είναι σύμφωνη με τις προτάσεις που περιλαμβάνονται στους κώδικες πρακτικής που εκδίδονται δυνάμει των διατάξεων του άρθρου 39, δύναται να κοινοποιήσει στη δημόσια αρχή σύσταση, εφεξής καλούμενη «σύσταση πρακτικής», στην οποία καταγράφει τα μέτρα τα οποία, κατά την κρίση του, πρέπει να ληφθούν για να προωθηθεί τέτοια συμμόρφωση. (2) Σύσταση πρακτικής κοινοποιείται εγγράφως και περιλαμβάνει αναφορά στην πρόνοια του κώδικα πρακτικής με την οποία, κατά την κρίση του Επιτρόπου, δεν συμμορφώνεται η πρακτική της δημόσιας αρχής. Article 46 (Administrative fines) 46.-(1) Ανεξάρτητα από την ποινική ευθύνη ή την ποινική δίωξη οποιουδήποτε προσώπου, εφόσον εξακολουθεί να εκκρεμεί αίτημα για πρόσβαση σε πληροφορίες από αιτητή, ο Επίτροπος, κατά την κρίση του, δύναται να επιβάλει διοικητικό πρόστιμο που δεν υπερβαίνει τις πέντε χιλιάδες ευρώ (€5.000) σε δημόσια αρχή η οποία, ενώ παραλαμβάνει την απόφαση του Επιτρόπου, όπως καθορίζεται στα άρθρα 44 και 45, δεν προβαίνει στις δέουσες ενέργειες για υλοποίηση των καθορισμένων σε αυτή μέτρων εντός της καθορισθείσας προθεσμίας: Νοείται ότι πριν την έκδοση οποιασδήποτε απόφασης για επιβολή διοικητικού προστίμου όπως καθορίζεται στο παρόν εδάφιο, ο Επίτροπος παρέχει στην δημόσια αρχή προειδοποίηση εξήντα (60) ημερών. (2) Σε περίπτωση συνέχισης της παράβασης ο Επίτροπος δύναται να επιβάλλει πρόστιμο μέχρι πενήντα ευρώ (€50) για κάθε ημέρα συνέχισης της παράβασης: Νοείται ότι το επιβαλλόμενο δυνάμει των πιο πάνω διατάξεων διοικητικό πρόστιμο υπολογίζεται ανάλογα με τη φύση, τη βαρύτητα και τη διάρκεια της παράβασης. (3) Ο Επίτροπος επιβάλλει διοικητικό πρόστιμο δυνάμει των διατάξεων του παρόντος άρθρου με αιτιολογημένη απόφασή του στην οποία αναφέρεται η παράβαση, αφού προηγουμένως ακούσει ή/και δώσει την ευκαιρία στη δημόσια αρχή ή εκπρόσωπό της να ακουστεί προφορικώς ή γραπτώς. (4) Κατά την επιβολή διοικητικού προστίμου δυνάμει των διατάξεων του παρόντος άρθρου, ο Επίτροπος δύναται να λάβει υπόψη του οποιαδήποτε ανάληψη δέσμευσης που παρέχεται έναντί του από τη δημόσια αρχή ή εκ μέρους της αναφορικά με τη γενόμενη παράβαση και την προοπτική άρσης ή αποκατάστασης αυτής και, σε κάθε περίπτωση, ο Επίτροπος μεριμνά, ώστε να μην επιβάλλεται, για την ίδια πράξη, διοικητικό πρόστιμο αφού επιβληθεί ποινή συνεπεία καταδίκης για τέλεση ποινικού αδικήματος. (5) Το ποσό του διοικητικού προστίμου εισπράττεται από τον Επίτροπο όταν παρέλθει άπρακτη η προς άσκηση προσφυγής, δυνάμει του Άρθρου 146 του Συντάγματος, προθεσμία των εβδομήντα πέντε (75) ημερών, από την κοινοποίηση της απόφασης για επιβολή διοικητικού προστίμου. (6) Σε περίπτωση παράλειψης πληρωμής των κατά τον παρόντα Νόμο επιβαλλόμενων από τον Επίτροπο προστίμων, ο Επίτροπος λαμβάνει δικαστικά μέτρα προς είσπραξη του οφειλόμενου ποσού ως αστικό χρέος οφειλόμενο προς τη Δημοκρατία." | Remedial action and sanctions |
Ecuador | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | ARTICLE 23 "Sanción a funcionarios y/o empleados públicos y privados.- Los funcionarios de las entidades de la Administración Pública y demás entes señalados en el artículo 1 de la presente Ley, que incurrieren en actos u omisiones de denegación ilegítima de acceso a la información pública, entendiéndose ésta como información que ha sido negada total o parcialmente ya sea por información incompleta, alterada o falsa que proporcionaron o debieron haber proporcionado, serán sancionados, según la gravedad de la falta, y sin perjuicio de las acciones civiles y penales a que hubiere lugar," | Art 23 provides for sanctions against offending bodies. |
Ethiopia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 33(3) The ombudsman shall have the power to reject any appeal, or to order any public body to provide the requested information or to take such other action as is appropriate to ensure that the public body meets its obligations under this Proclamation. | Ombudsmen Act gives them some remedial powers as well as a general investigative function, and 33(3) of the information act makes them binding. |
Finland | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | [Criminal Code of Finland] | No sanctions, but a kind of remedial action (reprimand) will be imposed to the Public Authorities that fails on its duty of disclose information. No sanctions for public authorities listed, only for officials (1 point loss). |
Guatemala | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Emitida la resolución de la máxima autoridad, declarando la procedencia o improcedencia de las pretensiones del recurrente, conminará en su caso al obligado para que dé exacto cumplimiento a lo resuelto dentro del plazo de cinco días, bajo apercibimiento, en caso de incumplimiento, de certificar lo conducente ante el órgano jurisdiccional competente, y sin perjuicio de dictarse todas aquellas medidas de carácter administrativo y las que conduzcan a la inmediata ejecución de lo resuelto. Agotado el procedimiento de revisión se tendrá por concluida la fase administrativa pudiendo el interesado interponer la acción de amparo respectiva a efecto hacer prevalecer su derecho constitucional, sin perjuicio de las acciones legales de otra índole. | Article 60 - sanctions. |
Guyana | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including - (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. | Section 7 - the Commissioner can force authorities to alter their practices and to enhance training. |
India | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Article 19(8)(a) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to - (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; [...] Article 20(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him. Article 25(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. | 19(8)(a) and 20(2) and 25(5), but the sanctions provided in the law are against officials and not authorities. The information commissions can only recommend steps to the public authorities to promote conformity with the law. |
Indonesia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 52. A Public Agency that deliberately ignores to supply, give and/or publish Public Information that must be made available periodically, Public Information that must be published immediately, Public Information that must be available at any time, and/or Public Information to be supplied on the basis of a request pursuant to this Law that results in a loss to others is sentenced to prison for a maximum of 1 (one) year and/or is fined for a maximum of Rp. 5,000,000.00 (five million rupiah). | 52 allows for sanctions. |
Maldives | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 67(c) Where any person commits any of the following, the Information Commissioner has the power to charge a fine of not more than MFR 25,000 (twenty-five thousand). (1) Where the State Institute or the Information Officer obstructs duties to be carried out under this Act; (2) Obstruction of the duties to be carried out by the Information Commissioner under this Act; (3) Destroying information subject to a request of access under this Act, with bad intention; (4) Misappropriation or tempering with information held at a State Institute contrary to the decided procedure. | Not entirely clear whether this applies to State Institutes although it appears to. |
Mexico | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Article 201. Guarantor Agencies, within the scope of their powers, may impose on the Public Servant responsible to comply with the resolution, or members of trade unions, political parties or the individual or company responsible, the following enforcement measures to ensure compliance with its determinations: I. Public admonition, or II. Fine of one hundred fifty to five hundred times the general minimum wage in force in the geographical area concerned. The Federal Act and those of the States shall establish the criteria to qualify the enforcement measures, according to the seriousness of the offense and, where appropriate, the economic conditions of the offender and recidivism. Failure of the regulated entities will be posted on the websites of transparency obligations of Guarantor Agencies and considered in the assessments made thereof. In case the non-compliance of the determinations of Guarantor Agencies involves the alleged commission of a crime or of the conducts outlined in Article 206 of this Act, the respective Guarantor Agency shall report the facts to the competent authority. The enforcement measures of an economic character may not be paid with public funds. Article 210. In those cases where the alleged offender has the quality of Public Servant, the Institute or the Guarantor Agency must submit to the competent authority together with the corresponding report, a record in which all the elements that sustain the alleged administrative responsibility are contained. The authority hearing the case shall report the conclusion of the proceedings and, where appropriate, the execution of the penalty to the Institute or the Guarantor Agency, as appropriate. | |
Mongolia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 25.3. A judge shall fine the respective decision making person who violated the article 25.2 of this Law by tugrugs equal to five times the minimum labor wage. | Fines for decision makers who refuse to sanction officials but very limited. |
Nepal | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 32. Punishment: (1) If the Commission finds that Chief of public Body or Information Officer has held back information without valid reason, refused to information or provided partial or wrong information or destroyed information; the Commission may impose a fine to such Chief or Information Officer from Rupees One Thousand Rupees to Twenty Five Thousand Rupees and if such Chief or Information Officer is in eligible for departmental action, it may write to the concerned Body for departmental action. (2) If the Chief of a public Body or Information Officer, delay to provide information which has to be provided on time without reason, shall be punished with a fine of Two Hundred Rupees per day so is delayed to provide the information. (3) If the Commission writes to the concerned Body for Departmental action pursuant to Sub-Section (1), the Public Body shall take Departmental action against that Chief or Information Officer within three months and notify the same to the Commission. 33. Compensation: (1) If person incur losses and damages due to not providing information, denying to provide information, providing partial or wrong information or destroying the information by the Chief or Information Officer of Public Body, such person may file a petition before the Commission for compensation within three months from the date of not acquiring information, acquiring partial or wrong information or restriction of the information. (2) If the application pursuant to Sub-Section (1) is found reasonable upon the investigation, the Commission may compensate the applicant from the concerned Body with reasonable amount upon considering the actual loses. | The head of a public body can be sanctioned and it can also be ordered to pay compensation to a requester. |
Nicaragua | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Artículo 49.- El titular de cada entidad que indebidamente y en contravención a esta Ley, clasifique como información reservada, aquella que es pública, será sancionado pecuniariamente con la tercera parte de su salario mensual de uno a seis meses. | |
Niger | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | Omb Act s 9 | There is a condition about reparing harm caused by breaches of the Act, but this doesn't seem to cover it. Omb Act s 9 allows the Ombudsman to suggest remedial action. |
Nigeria | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 7(5) Where a case of wrongful denial of access is established, the defaulting officer or institution commits an offence and is liable on conviction to a fine of N500,000. | 7(5) provides for a sanction for wrongfully withholding information. |
Saudi Arabia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 7.4(11) The public entity shall be responsible for monitoring compliance periodically with the Freedom of Information Interim Regulation and presenting the results to the head of the entity (or the delegate). The corrective procedures should be determined in case of non-compliance and the Regulatory Authority and NDMO should be notified accordingly. | Not mentioned. |
Seychelles | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 54(2) The Information Commission may impose a fine not exceeding SCR100,000 on public bodies that do not comply with the annual reporting obligation. | Only for failing to respect the annual reporting requirement. |
United States | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | N/A | Ordinarily Courts do not make such orders, but they can be included as part of a settlement or within the Court\'s recommendations. Generally this type of action, if issued in a binding order to change practice, would lead to questions regarding whether the Court has overstepped its authority. Nonetheless, the weight of judicial decisions is heavy - and often leads to changes as a result of the strong role the judiciary plays in America's constitutitional balance. So - partial credit for that. |
Yemen | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 61: "A penalty of imprisonment for a period of not less than two years or a fine of not less than five hundred thousand riyals to every person who has deliberately violated the provisions of Article (11) of the Act." | The sanctions for failure to proactively publish in 61 cover this, but no word on remedial mechanisms. |
Afghanistan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Andorra | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | No sanctioning regime |
Angola | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Antigua and Barbuda | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Argentina | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Australia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Austria | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | N/A |
Bahamas | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Belgium | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Belize | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Benin | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Bolivia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Bosnia and Herzegovina | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Brazil | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Burkina Faso | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Canada | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Cape Verde | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Cook Islands | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Costa Rica | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | No mention of sanctions for authorities as a whole |
Czech Republic | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Denmark | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Dominican Republic | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
East Timor | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
El Salvador | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Estonia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Fiji | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
France | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Georgia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | There is no mention about the system like this. |
Germany | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Greece | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Guinea | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Honduras | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | ARTICULO 11. FUNCIONES Y ATRIBUCIONES DEL IAIP. El IAIP tendrá las siguientes funciones y atribuciones siguientes: [...] 5. Aplicar el marco sancionatorio de la presente Ley; [...] | 11(5) seems to hint at this, but is non-specific. |
Hungary | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Iceland | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Iran | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Ireland | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Article 44(2) The Commissioner may at any time carry out an investigation into the practices and procedures adopted by FOI bodies or any particular FOI body or FOI bodies for the purposes of enabling persons to exercise the rights conferred by this Act and facilitating such exercise. | |
Israel | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Jamaica | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Japan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Jordan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Kazakhstan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Kenya | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Kuwait | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Kyrgyzstan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Latvia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Lebanon | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Liechtenstein | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Lithuania | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Luxembourg | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Malawi | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Malta | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Moldova | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Monaco | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Montenegro | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Morocco | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Mozambique | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Namibia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Section 9 indicates powers to issue remedial measures but not impose sanctions and s. 21 audits result in recommendations. No mention of power to sanction institutions. |
Netherlands | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
North Macedonia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Pakistan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Palau | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | |
Panama | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Paraguay | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Peru | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | 21 Mecanismos de Publicación y Metodología: La publicación de la información a la que se refiere esta norma podrá ser realizada a través de los portales de Internet de las entidades, o a través de los diarios de mayor circulación en las localidades, donde éstas se encuentren ubicadas, así como a través de otros medios de acuerdo a la infraestructura de la localidad. El reglamento establecerá los mecanismos de divulgación en aquellas localidades en las que el número de habitantes no justifiquen la publicación por dichos medios. La metodología y denominaciones empleadas en la elaboración de la información, deberán ser publicadas expresamente, a fin de permitir un apropiado análisis de la información. Cuando la presente norma disponga que la información debe ser divulgada trimestralmente, ésta deberá publicarse dentro de los treinta (30) días calendario siguientes de concluido cada trimestre, y comprenderá, para efectos de comparación, la información de los dos períodos anteriores.
|
|
Philippines | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Poland | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | No system listed. | |
Portugal | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Qatar | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | |
Republic of Belarus | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Article 41. Liability for violation of the legislation on information, informatization and protection of information Violation of the legislation on information, Informatization and protection of information entails liability in accordance with the legislative acts of the Republic of Belarus. | Not regulated within this law |
Romania | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Russia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Rwanda | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
San Marino | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Regulation of 2 December 2015, No. 16, 11(2). 2. Non-fulfilment or partial fulfilment of the obligations of publication as well as non-compliance with the acts of guidance referred to in article 12 below, paragraphs 1 and 2, constitutes, in relation to the seriousness of the infringement, a violation of the duties of the manager or, in cases where the function of Head of Transparency has been delegated, of the person responsible for the publication and dissemination of information, sanctioned in accordance with the regulations in force. This infraction also constitutes an element of evaluation of the performance of the manager or the person responsible and a possible cause of liability for damage to the image of the Administration. | The provision relates to proactive disclosure obligations and applies only to managers. Therefore, it does not provide a clear means to redress systemic failures to disclose information. |
Slovakia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
South Africa | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
South Korea | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | ||
Spain | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Sri Lanka | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | |
Sudan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Sweden | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned.This question refers to an inernal system of imposing sanctions and not to judicial way. | |
Switzerland | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
Taiwan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Tajikistan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
Tanzania | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Thailand | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Section 13. Any person, who considers that a State agency fails to publish the information under section 7, fails to make the information available for public inspection under section 9, fails to provide him with the information under section 11, violates or fails to comply with this Act, or delays in performing its duties, or considers that he does not receive convenience without reasonable cause, is entitled to lodge a complaint with the Board, except where it is the case concerning the issuance of an order prohibiting the disclosure of information under section 15 or an order dismissing the objection under section 17 or an order refusing the correction, alteration or deletion of the personal information under section 25. In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days. | 13 It is possible to complain to the board, but the process for this is vague. |
Togo | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Trinidad and Tobago | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Tunisia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Turkey | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | No specific mention. |
Uganda | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Ukraine | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Uruguay | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | No - the oversight agency can issue complaints to the executive, that's it. |
Uzbekistan | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Vanuatu | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
Venezuela | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
Zambia | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | |
Zimbabwe | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
- Methodology & Rating
- Historical
- News & Reports
- COVID-19 Tracker