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 |
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Afghanistan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 15(3) Institutions shall create an information bank (data base) for a better preservation of documents and information as well as to facilitate public access to information. 16(8) Institutions shall categorize and classify information based on the level of confidentiality in accordance with specific procedures. 22 (1) The commission has the following powers and functions: 12- Setting of minimum standards regarding the manner in which institutions are required to manage their information. 38(1) Institutions shall ensure that the information which they hold is properly maintained in accordance with relevant standards and procedures including so as to enable them to comply with their obligations under this law and report to the Commission accordingly. | |
Albania | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Regulation of the Archive Service Technical, Professional and Methodological Norms of the Archive Service of the Republic of Albania (Albanian) http://www.albarchive.gov.al/wp-content/uploads/2015/05/NORMA_TEKNIKO-PROFESIONALE1.pdf | |
Andorra | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | "Article 9. General principles of access Public administrations must take the necessary measures to ensure compliance with the law access to public information by establishing an integrated document, information and data management system that allows interoperability between public administrations, the location of any document or information and the automatic linking of each document or data set to its access and advertising regime. 15.3) Formalization of access 3. Public administrations must have a register of consultations 20.6: Generic authorization: 6. Public administrations and entities must create a register of consultations in order to register requests for access and inquiries made and denied. Its operation, management, access, security and use is regulated by regulations in accordance with the Qualified Personal Data Protection Act in force." "Article 9. Principis generals d’accés Les administracions públiques han d’adoptar les mesures necessàries per garantir el compliment del dret d’accés a la informació pública establint un sistema de gestió de documents, informació i dades integrat que permeti la interoperabilitat entre les administracions públiques, la localització de qualsevol document o informació i la vinculació automàtica de cada document o conjunt de dades al seu règim d’accés i publicitat. 15.3) Formalització de l’accés 3. Les administracions públiques s’han de dotar d’un registre de consultes 20.6: Habilitació genèrica: 6. Les administracions i entitats públiques han de crear un registre de consultes amb la finalitat d’inscriure les sol·licituds d’accés i les consultes efectuades i les denegades. El seu funcionament, gestió, accés, seguretat i ús es regula per reglament atenent la Llei qualificada de protecció de dades personals vigent." | |
Antigua and Barbuda | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 9(2) The information officer shall, in addition to any obligations specifically provided for in other provisions of this Act, have the following. 12(1) Every public authority shall maintain its records in a manner which facilitates the right of access to information, as provided for in this Act, and in accordance with the Code of Practice issued pursuant to subsection (3). (b) to promote within the public authority the best possible practices in relation to record maintenance, archiving and disposal; | 9(2)(b) - Information Officers are meant to implement this. Reinforced by 12(1). |
Bahamas | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 49. Maintenance of records. (1) Every public authority shall maintain its records in a manner which facilitates access to information under this Act and in accordance with the code of practice provided for in subsection (2). (2) The Permanent Secretary in the Ministry with responsibility for government information shall, after consultation with interested parties and upon the recommendation of the Archivist, issue from time to time a code, which shall contain practices relating to record keeping, management and disposal of records, as well as the transfer of records to the National Archives. | |
Bangladesh | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 5(1): "In order to ensure right to information under this Act, every authority shall prepare catalogue and index of all information and preserve it in an appropriate manner." 5(3): "The Information Commission shall, by regulations, frame instructions to be followed by every authority for the preservation and management of information and all authority shall follow the instructions." | |
Bolivia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 20(I) Every public entity must adopt administrative measures that guarantee and promote transparency and access to information. In this regard, adequate infrastructure, organization, systematization and publication of the information must be foreseen, within ninety (90) days following the date of publication of this Supreme Decree. | Could be seen as a very rudimentary system for records management. |
Colombia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | N/A | Yes. See Law 594 of 2000. Archives |
El Salvador | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | ARTICLE 27 El titular de cada dependencia o entidad deberá adoptar las medidas necesarias para asegurar la custodia y conservación de los documentos que contengan información reservada o confidencial. ARTICLE 40 Corresponderá al Instituto elaborar y actualizar los lineamientos técnicos para la administración, catalogación, conservación y protección de información pública en poder de los entes obligados, salvo que existan leyes especiales que regulen la administración de archivos de los entes obligados. Los lineamientos tomarán en cuenta las normas, estándares y prácticas internacionales en la materia. Los lineamientos serán orientaciones generales para la administración más eficaz y eficiente de los archivos. | Art 27 - Los entes obligados no proporcionarán información confidencial sin que medie el consentimiento expreso y libre del titular de la misma. Also Article 40. |
Ethiopia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 38(1) The Ombudsman shall, after appropriate consultation with interested parties, issue and from time to time update a Code of Practice relating to the custody, management and disposal of records. (2) Every public body is under an obligation to maintain its records in accordance with the Code of Practice stipulated in sub- article (1). (3) Every public body shall ensure that adequate procedures are in place for the correction of personal information. | |
Finland | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | [Principles of Openness] Article 18(1) In order to create and realize good practice on information management, the authorities shall see to the appropriate availability, usability, protection, integrity and other matters of quality pertaining to documents and information management systems and, for this purpose, especially [...] (5) see to it that their personnel are adequately informed of the right of access to the documents they deal with and the procedures, data security arrangements and division of tasks relating to the provision of access and the management of information, as well as to the safeguarding of information, documents and information management systems, and that compliance with the provisions, orders and guidelines issued for the realisation of good practice on information management is properly monitored. Article 20(1) The authorities shall promote the openness of their activities and, where necessary for this purpose, produce guides, statistics and other publications, as well as information materials on their services and practices, as well as on the social conditions and developments in their field of competence. When the extent of this duty is being assessed, due consideration shall be given to the opportunities to obtain information on the activity of the authority by means of access to its documents or the general compilations of statistics in Finland. | |
Georgia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 35 – Public Register A public institution shall be obliged to enter the public information available at the institution into the Public Register. References to the public information must be entered into the Public Register within two days after receiving, creating, processing or issuing the information. The references must include the name of public information, dates of its receipt, creation, processing, and issuance, as well as the name of the natural or legal person, public servant, or public institution from which this information was received and/or to which it was sent. Integrated automated tools for records management An administrative body may use software and integrated automated tools for records management and access to information; adopt, issue or release any information and/or document through the integrated automated management tools, unless a person concerned has chosen another form of obtaining the information under this chapter. An administrative body may retain and issue an electronic copy of any document it has created or stored. Data may be entered into the documents issued or released by an administrative body through mechanical and/or electronic means. | |
Greece | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 12. Any document coming to the service in any way, is recorded on the same day in the incoming book by serial number, along with a characterization and reference to the subject and the number of particulars accompanying it. The body to which it is addressed and the incoming date are also recorded in the said book. The service should issue a certificate for the registration of the document containing all the above particulars. | |
Guatemala | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Artículo 8. Interpretación. La interpretación de la presente ley se hará con estricto apego a lo previsto en la Constitución Política de la República de Guatemala, la Ley del Organismo Judicial, los tratados y convenios internacionales ratificados por el Estado de Guatemala, prevaleciendo en todo momento el principio de máxima publicidad. Las disposiciones de esta ley se interpretarán de manera de procurar la adecuada protección de los derechos en ella reconocidos y el funcionamiento eficaz de sus garantías y defensas. Artículo 33. Acceso a los datos personales. Sin perjuicio de lo que dispongan otras leyes, sólo los titulares de la información o sus representantes legales podrán solicitarla, previa acreditación, que se les proporcione los datos personales que estén contenidos en sus archivos o sistema de información. Ésta Información debe ser entregada por el sujeto obligado, dentro de los diez días hábiles siguientes contados a partir de la presentación de la solicitud, en formato comprensible para el solicitante, o bien de la misma forma debe comunicarle por escrito que el sistema de datos personales no contiene los referidos al solicitante. Artículo 34. Tratamiento de los datos personales. Los titulares o sus representantes legales podrán solicitar, previa acreditación, que modifiquen sus datos personales contenidos en cualquier sistema de información. Con tal propósito, el interesado debe entregar una solicitud de modificaciones, en la que señale el sistema de datos personales, indique las modificaciones que desea realizar y aporte la documentación que motive su petición. El sujeto obligado debe entregar al solicitante, en un plazo no mayor de treinta días hábiles desde la presentación de la solicitud, una resolución que haga constar las modificaciones o bien, le informe de manera fundamentada, las razones por las cuales no procedieron las mismas. | Article 8 mentions the requirement that certain categories of data be managed and updated appropriately. Articles 33 and 34 also address this. |
Guyana | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(1) As soon as possible after the commencement of this Act, every public authority shall, as far as practicable, maintain its records duly catalogued, classified and indexed in a manner and form which facilitates the right of access to information under this Act and ensures that all records that are appropriate are computerised within a reasonable time, and where possible connected through a network all over the county on different systems so that access to such records which are open to access is facilitated. | 13(1) - catalogue, classify and computerise records, and centrally network them to facilitate open access. Also requires the publication of retention guides. |
Honduras | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | ARTICULO 11. FUNCIONES Y ATRIBUCIONES DEL IAIP. El IAIP tendrá las siguientes funciones y atribuciones siguientes: [...] 2. Establecer los manuales e instructivos de procedimiento para la clasificación, archivo, custodia y protección de la información publica, que deban aplicar las instituciones publicas conforme las disposiciones de esta Ley; [...] ARTICULO 32. DEPURACION. Cada institución publica esta en la obligación de conservar y custodiar la información pública y la reservada, captada o generada con motivo del cumplimiento de sus funciones, mientras conserve valor administrativo o jurídico para efectos de gestión o en su defecto por un periodo no menor de cinco (5) años. Vencido el plazo de conservación, la información publica deberá ser sometida al procedimiento de depuración que realice una Comisión de Depuración Documental integrada por delegados de las instituciones siguientes: 1. Instituto de Acceso a la Información Publica (IAIP); 2. Tribunal Superior de Cuentas; 3. La Procuraduría General de la Republica; 4. Archivo Nacional, como receptor de la documentación depurada; y, 5. En su caso, un delegado de la institución publica cuya información es depurada. Esta Comisión emitirá las listas de clasificación, registro, catalogación de la documentación que deba resguardarse por su valor histórico, legal y administrativo consiguiente. En ningún caso podrá destruirse la información publica y reservada sin cumplir con este procedimiento de depuración. | 11(2) - these are set by the oversight body. Also Article 32. |
Japan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | N/A | The management of records are set and applied by Public Records and Archives Management Act here. |
Kenya | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 17(1) In this section, "records" means documents or other sources of information compiled, recorded or stored in written form or in any other manner and includes electronic records. (2) Every public entity shall keep and maintain - (a) records that are accurate, authentic, have integrity and useable; and (b) its records in a manner which facilitates the right of access to information as provided for in this Act. (3) At a minimum, to qualify to have complied with the duty to keep and maintain records under subsection (2), every public entity shall - (a) create and preserve such records as are necessary to document adequately its policies, decisions, procedures, transactions and other activities it undertakes pertinent to the implementation of its mandate; (b) ensure that records in its custody, including those held in electronic form, are maintained in good order and condition; and (c) not later than three years from the date from which this Act begins to apply to it, computerize its records and information management systems in order to facilitate more efficient access to information. [...] Article 25(1) The Cabinet Secretary may, in consultation with the Commission, make regulations, prescribing anything required by this Act to be prescribed or generally for the better carrying into effect the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the regulations may provide for: [...] (e) the measures to be taken by public entities to ensure that adequate records are created and maintained by the entities; [...] | |
Kyrgyzstan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 12 The owner of the information is obliged to:...(3) systematically keep records of the documents under their jurisdiction; 4) keep records of requests for information. 32.5. In order to provide access to documents and materials in the relevant public sector entity, binders for familiarization, as well as binders with control copies of documents and materials shall be formed. Documents and materials in the file are arranged in chronological order. At least once a month, an inventory of the documents and materials that make up the binders for review is made. For the convenience of searching for the necessary documents, the inventory is placed in binders. Data from inventories of document and material binders can be combined into catalogs. 6. Public sector entities shall be obliged to take measures to ensure the safety of documents and materials that make up binders and to establish appropriate requirements for access to them. 7. For working with binders, special places are equipped with conditions that allow you to make extracts from documents and materials, as well as make copies from them. The conditions and procedure for the provision of documents and materials for copying shall be established by the relevant public sector entities. 40.1. Public sector entities shall be obliged to: 1) keep official documents containing information to be provided in accordance with this Law, acts adopted by them, as well as acts of public sector entities, the legal successors of which they are, for a specified period; 2) ensure the reliability and completeness of the information provided, compliance with the established terms and conditions of its provision. 41.1. Holders of information are obliged to:3) ensure the maintenance and storage of information and information carriers in accordance with the requirements of the legislation in the field of archiving, protection of information of a personal nature, and in the absence of such requirements - in accordance with the conditions allowing to ensure the safety and integrity of information and information carriers. | Would be preferable to have a clear system with a central body setting and enforcing records management standards but this is sufficiently detailed to warrant two points. |
Liberia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 3.6: "Designation of at least one personnel / staff: Every public authority and private entity to which this Act applies shall appoint, maintain and duly support at least one designated personnel/staff whose overall responsibility shall be to receive requests for information held by the authority or entity and coordinate the response(s) of the authority or entity to all such requests. The designated personnel / staff shall serve as the primary contact of the authority or agency with the public relative to request for and provision of information, and his responsibilities shall include promoting best practices in record maintenance, storage, and management, and assisting members of the public, especially illiterate and other physically challenged persons, to file requests for information." | 3.6 - the information officer is charged with promoting better standards within each body. |
Malta | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 9.0 of the Code of Practice. | |
Mexico | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 24. In order to fulfill the objectives of this Act, the regulated entities shall comply with the following obligations, as applicable, according to their nature: ...(IV). Establish and keep their file and document management systems, in accordance with applicable regulations; | |
Nepal | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 4(2) Public Body shall have following responsibilities for the purpose of Sub-Section (1): (a) to classify and update information and make them public, publish and broadcast. 5. Updating and Publication of Information: (1) A Public Body shall keep its information updated. (2) A Public Body, as long as possible, shall update at least of twenty years old information from the commencement of this Act related to it in pursuant to Sub-Section (1). 19. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows: (b) To issue order to such Body to enlist and manage the records, documents and other materials pertaining the information | |
Netherlands | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Netherlands Archiefwet [Archival law] | |
New Zealand | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 17 Requirement to create and maintain records (1) Every public office and local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor. (2) Every public office must maintain in an accessible form, so as to be able to be used for subsequent reference, all public records that are in its control, until their disposal is authorised by or under this Act or required by or under another Act. (3) Every local authority must maintain in an accessible form, so as to be able to be used for subsequent reference, all protected records that are in its control, until their disposal is authorised by or under this Act. | S 17 of the Public Records Act 2005.
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North Macedonia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 8 "(3) The official in charge of information mediation shall maintain contacts with the information requester and shall provide it with the information and support necessary, and shall maintain appropriate records of information requests received and of information storing and issuing." | |
Pakistan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 4 (1) Subject to the provisions of this Act and rules made thereunder, the principal officer of each public body shall ensure that the record held by that body is properly maintained, so as to enable it to comply with its obligations under this Act. (2) Each public body shall bring its record management practices in line with the Secretariat Instructions, 2004 or any other instructions of the Federal Government; 27(a) The Information Commission may make regulations, not inconsistent with the provisions of the rules made under section 26, regarding its internal procedures and, without limiting the generality of the foregoing, it may make regulations regarding- (a) record management standards; Right of Access to Information Rules, 2019, 7. Maintenance, indexation and computerization of records.— (1) Each public body shall ensure that all information, record and material, irrespective of its forms or characteristics, which it has or is required to have in its custody in any of its administrative units, are efficiently maintained, indexed, catalogued and managed so that it is promptly available, as and when required by the designated officer for the provision of the same to an applicant. (2) The Information Commission may issue deadlines or may set minimum standards about the form in which public bodies are required to carry out computerization, the design of online system or the categories of records which may be computerized or made available online on priority basis. | |
Peru | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 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.
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Art 21 of the 27806 law |
Qatar | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | مادة 4: تقوم الجهة المعنية باتخاذ التدابير اللازمة للحفاظ على المعلومات التي بحوزتها، والاحتفاظ بمستنداتها وصيانتها، وتصنيفها وفهرستها، على النحو الذي يتيح تيسير الوصول إليها; قانون رقم(7) لسنة 2023, encyclop.sjc.gov.qa/lawlib/Files/ViewDOC.aspx?id=14171, 15-20 4. The concerned authority shall take the necessary measures to preserve the information in its possession, retain and maintain its documents, and classify and index them in a manner that facilitates access to them; See also Law No. 7 of 2023 on Documents and Archives, Articles 15-20, encyclop.sjc.gov.qa/lawlib/Files/ViewDOC.aspx?id=14171 |
There is a general obligation to maintain records in the law but more detailed obligations are outlined in Law No. 7 of 2023. |
Russia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Federal Law "On Information, Information Technologies, and Information Protection," Article 11(2): (Documenting of information ): In the federal executive authorities documenting of information is carried out according to the procedure established by the Government of the Russian Federation. The rules of the office work and document turnover established by other state authorities, local self-government bodies within their competence should correspond to the requirements set by the Government of the Russian Federation in the part of office work and document turnover for federal executive authorities. | There are no unified standards but various bodies approve such rules for management of records in accordance with the Federal Law #149-FZ from July 27, 2006, "On Information, Information Technologies, and Information Protection," Article 11, Part 2. |
Saint Kitts and Nevis | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 17(2)(a); 20 | |
Saudi Arabia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 7.4(7) The public entity shall prepare and document policies and procedures for proper records keeping and disposing of it in accordance with the relevant national laws and regulations. Also see the National Data Management and Personal Data Protection Standards Specifications (https://sdaia.gov.sa/ndmo/Files/PoliciesEn001.pdf) generally, which are more detailed. | |
Serbia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 38: "The head of the authority may designate one or more employees (hereinafter: authorised person) to act upon the request for free access to information of public importance. The bodies of the local self-government unit or city municipality may appoint a joint authorised person to act upon requests sent to those bodies. Several notaries or public executors may appoint a joint authorised person to act upon requests, from among the employees of those notaries i.e. public executors. Authorised person: 1) inform the applicant about the possession of information and provide insight into the document containing the requested information ie submit information in an appropriate manner, reject the request by decision, provide applicants with the necessary assistance to exercise their rights under this Law; 2) take measures to improve the practice of dealing with information carriers, the practice of maintaining information carriers, as well as the practice of their storage and security; 3) take measures necessary to acquaint employees with their obligations regarding the right to access information of public importance, in order to effectively implement this Law. All employees of the authority are obliged to provide the authorised person with all necessary assisstance and to provide complete and accurate information necessary to act upon the request. If the authorised person referred to in paragraph 1 of this article has not been appointed to act upon the request and take the measures referred to in paragraph 3, item 2) and 3) of this Article, the head of the authority is competent." | |
Sierra Leone | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 3(10) A public authority shall record and maintain records of all requests for information and all public transactions in a manner that facilitates the right to information. 27. (1) Every public authority shall record and maintain records of its activities in a manner that facilitates the right to information, as provided for in this Act, and in accordance with the Code of Practice referred to in subsection (2). (2) The Commission shall, after consultation with interested parties, issue and from time to time update a Code of Practice relating to the keeping, management and disposal of records, as well as the transfer of records to public archives. | |
Slovenia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | - | Reviewer: Decree on administrative operations, adopted in accordance with the General Administrative Procedure Act, provides very detailed provisions on management of records from creation of the document to archiving it, the obligation of keeping electronic records, information systems for keeping of records, information security. The Decree consists of around 250 Articles and has a special chapter on document management, which is very detailed. All public administrative bodies must act in accordance with it's provisions. Unfortunately, it is only available in Slovenian: http://zakonodaja.gov.si/rpsi/r02/predpis_URED3602.html. |
South Africa | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | National Archives and Record Service of South Africa Act 43 of 1996, 13. (1) Subject to the provisions of this Act, the National Archivist shall be charged with the proper management and care of public records in the custody of governmental bodies. (b) the National Archivist shall- . . (i) determine records classification systems to be applied by ·governmental bodies;· · · · ·· (ii) determine the conditions subject to which records may be microfilmed or electronically reproduced; and · 35 (iii) determine the conditions subject to which electronic records systems should be managed; (c) the National Archivist shall inspect public records in so far as such inspection may be necessary for the performance of his or her functions under this Act: Provided that the inspection of public records which contain information the 40 disclosure of which is restricted by any other Act of Parliament shall be done only with the consent of the head of the governmental body concerned. (3) The Minister may make regulations as to the management and care of public records in the custody of governmental bodies. (4) The National Archivist may from time to time issue directives and instructions, 45 which shall not be inconsistent with the regulations, as to the management and care of public records in the custody of governmental bodies. (5) (a) The head of a governmental body shall, subject to any law governing the employment of personnel of the governmental body concerned and such requirements as may be prescribed, designate an official. of the body to be the records manager of the 50 body. (b) The records manager shall be responsible to see to it that the governmental body complies with the requirements of this Act. . . (c) Additional powers and functions may be prescribed to a records manager. | |
South Sudan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | This is provided for by 16(2) and 19. | |
Spain | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Ley 11/2007, de 22 de junio, de acceso electrónico de los ciudadanos a los Servicios Públicos. Artículo 24(Registros electrónicos): 1. Las Administraciones Públicas crearán registros electrónicos para la recepción y remisión de solicitudes, escritos y comunicaciones. 4. En el ámbito de la Administración General del Estado se automatizarán las oficinas de registro físicas a fin de garantizar la interconexión de todas sus oficinas y posibilitar el acceso por medios electrónicos a los asientos registrales y a las copias electrónicas de los documentos presentados. Artículo 31 (Archivo electrónico de documentos). 2. Los documentos electrónicos que contengan actos administrativos que afecten a derechos o intereses de los particulares deberán conservarse en soportes de esta naturaleza, ya sea en el mismo formato a partir del que se originó el documento o en otro cualquiera que asegure la identidad e integridad de la información necesaria para reproducirlo. 3. Los medios o soportes en que se almacenen documentos, deberán contar con medidas de seguridad que garanticen la integridad, autenticidad, confidencialidad, calidad, protección y conservación de los documentos almacenados. | |
Sri Lanka | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 7. (1) It shall be the duty of every public authority to maintain all its records duly cataloged and indexed in such form as is consistent with its operational requirements which would facilitate the right of access to information as provided for in this Act. (2) In discharging its obligations under subsection (1), every public authority shall comply with any direction given by the Commission under section 14(h). Section 14. The duties and functions of the Commission shall be, to ... (h) issue guidelines for the proper record management for public authorities. | |
Sweden | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Chapter 2, Article 18: \"Basic rules concerning the storage of official documents, weeding and other disposal of such documents are laid down in law.\" | |
Switzerland | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Ordinance of 25 November 19984 on the Organisation of the Government and the Administration | The processing of official documents, particularly their registration shall be governed by Article 22 of the Ordinance of 25 November 19984 on the Organisation of the Government and the Administration, as well as by the provisions enacted by the competent department in application of the Federal legislation governing the archiving of documents. |
Taiwan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 7 The information shall be made available to the public actively as follows, except for the information referred to in Article 18 that is restricted from making available to the public or provision: 1. Treaties, diplomatic documents, laws, Emergency Orders, regulations and orders which are made in accordance with the Central Regulatory Standardization Law, and local autonomous laws and regulations. 2. The interpretary orders and discretionary standards made by government agencies for helping the inferior government agencies or the subordinates to interpret the laws consistently, find the facts, and exercise the discretionary power. 3. The structures, duties, addresses, telephone numbers, fax numbers, websites and e-mail addresses of government agencies. 4. Documents about administrative guidance. 5. Administrative plans, statistics and research reports. 6. Budgets and audits. 7. The results of petitions and the decisions of administrative appeals. 8. Documents related to public works and procurements. 9. Subsidies that are paid or accepted. 10. Meeting records of the agencies based on a collegiate system. “Research reports” as defined in paragraph 1, subparagraph 5, means the reports produced by experts or scholars that are funded and authorized by a government agency, or by government employees who are sent overseas for survey, study, research, or intern. “Meeting records of the agencies based on a collegiate system” as defined in paragraph 1, subparagraph 10, means records consisting of gist of motions, programs, content of resolutions and list of the members who attend the meeting of the agency in which each member exercises the authority independently according to law. | Art 7 |
United Kingdom | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Lord Chancellor's Code of Practice on the management of records issued under section 46 of the Freedom of Information Act 2000. | |
United States | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Federal Records Act - http://www2.ed.gov/policy/gen/leg/fra.html | |
Vanuatu | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 12(1) A Right to Information Officer has the following functions: (ii) records management, archiving and disposal of records; 69. Establishment of a Right to Information Unit (1) The Right to Information Unit is established. (2) The Unit has the following functions: (h) to develop a National Code of Practice on information and records management; 72. Code of practice on information and records management (1) A Government agency, relevant private entity or private entity must maintain its records in a manner which facilitates the right to information under this Act, and in accordance with the Code of Practice. (2) The Unit must, after consulting all relevant and interested parties, and on the recommendation of the Archivist appointed under section 5 of the Archives Act [CAP 216], issue within 12 months of the commencement of this Act, a Code of Practice relating to: (a) the creation, keeping, management and disposal of records; and (b) the transfer of records to the National Archives. | - |
Yemen | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 9: "The party shall do maintenance and preservation of information in their possession systematically and in an order that would allow the employee in charge to easily execute its extraction process using the necessary techniques, methods and software." 45: "It is not permissible to exploit the failure or absence of the security systems of the information in order to execute an illegal act that which would cause harm to the information." 48: "All systems and application software that are introduced, built and used by the different parties must have the security standards that ensure reliability and safety of regular operation, and these security standards shall be developed regularly, and in a timely manner." 49: "All parties have to set and apply the rules and the administrative, technical and physical procedures, to protect information systems and networks and ensure their continuity and regularity of operation." 50: "It is not permissible for any party to collect, process, save and use of personal data of the citizen, contrary to the Constitution and the laws in force." | Art 9 mentions this. Art 45 describes the need to create a safe reserve for information relating to the agency's management, which seems to be about preserving and protecting information. 48 - 50 also deals with this. |
Argentina | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | ARTÍCULO 32° — Transparencia activa. Los sujetos obligados enumerados en el artículo 7° de la presente ley, con excepción de los indicados en sus incisos i) y q), deberán facilitar la búsqueda y el acceso a la información pública a través de su página oficial de la red informática, de una manera clara, estructurada y entendible para los interesados y procurando remover toda barrera que obstaculice o dificulte su reutilización por parte de terceros. Asimismo, los sujetos obligados deberán publicar en forma completa, actualizada, por medios digitales y en formatos abiertos: f) Las transferencias de fondos provenientes o dirigidos a personas humanas o jurídicas, públicas o privadas y sus beneficiarios; i) Los informes de auditorías o evaluaciones, internas o externas, realizadas previamente, durante o posteriormente, referidas al propio organismo, sus programas, proyectos y actividades; | |
Armenia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4 Main principles of securing information freedom are: (a) definition of unified procedures to record, classify and maintain information. 5 The recording, classification and maintenance of elaborated or delivered data on the part of the information holder is implemented as defined by the Government of the Republic of Armenia. | Not a full system for this |
Austria | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5 (1) Information of general interest shall be made accessible by the bodies entrusted with the conduct of federal or provincial administration business via the Information Register as a metadata register at the address www.data.gv.at. The information shall be made available by the Information Register free of charge and, in principle, accessible at any time … (3) The Federal Minister of Finance shall publish a form with the required and optional metadata on the Internet at www.data.gv.at for use by the bodies required to provide information. The following metadata shall be provided in the form for each piece of information: Identifier, creation date, title, description, category, keywords, link, data controller and publishing body, license and language. The following metadata can be provided: additional links, title and description in English or in the language of an ethnic group, contact of the data controller, publication date, end of validity and terms of use. Further optional metadata can be provided in the form. | Some requirements for categorising data subject to proactive disclosure. Rules on minimum standards on the management of public records are in place through other laws, including the Federal Archives Act – even though those are weak and not up to date. |
Azerbaijan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 8.1. The relevant executive authority shall establish rules for the storage, compilation and protection of documents. 8.2. The owner of the information shall be responsible for the organization of storage, compilation and protection of the documents in his possession in accordance with the rules specified in Article 8.1 of this Law. 8.3. The owner of the information shall determine the rules in accordance with the requirements of this Law and the Law of the Republic of Azerbaijan “On Personal Data” and ensure the implementation of these rules in order for the individual to get acquainted with personal data and, if necessary, make clarifications. 11.1. The head of the information owner shall determine the internal rules of procedure in connection with the organization of information services. 11.2. Owners of information provided for in Article 9 of this Law shall be responsible for the organization of access to information in accordance with the legislation. | Authorities are required to manage their records in accordance with the standards set by the relevant executive authority but no proper central system for this. |
Burkina Faso | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 2 : La présente loi a pour but de : - rendre effectif le droit d’accès à l’information publique et aux documents administratifs ; - créer des mécanismes ou des procédures pour une application effective du droit d’accès à l’information ; - s’assurer que les organismes de service public, conformément à l’obligation de promotion du droit d’accès à l’information, créent, organisent et maintiennent l’information sous une forme et de manière à faciliter la jouissance dudit droit ; - contribuer à promouvoir la transparence, la reddition des comptes, la bonne gouvernance et le développement. | Only in the provision on the goals of the law and not a proper system of records management. |
China | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 8. All levels of people's government shall strengthen regulation, standardization, and information management of government information resources; strengthen the establishment of internet open government information platforms; advance the integration of open government information platforms and government affairs service platforms, and raise the level of online handling of open government information. | Article 8 references standardising information management but does not clearly require minimum records management standards. However, to implement Article 8, the General Office of the State Council issued a Guidance on Comprehensively Promoting the Standardization of Open Government Affairs at the Grassroots Level which sets standards for good records management |
Croatia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Art.13.3.2.: Information Officer shall improve the manner of processing, classification, safe-keeping and disclosing information contained in official documents referring to the work of public authorities. | One of the general duties of the information officer is to improve the system of management of records, but no minimum standards are set and applied. |
Estonia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 58. Bringing of records management procedures into accordance with this Act "(1) The Government of the Republic shall establish the bases for the records management procedures of state and local government agencies and legal persons in public law by 1 March 2001. (2) Holders of information shall bring their records management procedures into accordance with this Act by 1 June 2001." | |
Fiji | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 36(2) The information officer must - (a) promote, within the respective public agency, best practices in relation to— (iii) record management and the archiving and disposal of records. Article 38(2) In addition to the powers and functions prescribed in this Act, the Commission is also responsible for - [...] (b) publishing guidelines to public agencies on information and records management, including the manner in which access to information can be made more efficient by public agencies; (c) publishing guidelines on the creation, management and disposal of records and, subject to the availability of resources, the digitising of records and use of the internet as far as possible to publish information by public agencies [...] | Not really a proper system but something at least. |
Gambia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 6(1) Every public body shall create, keep, organize and maintain its information in a manner which facilitates access to information, as provided in this Act. (2) For the purpose of sub-section (1), every public body shall (a) produce information in respect of all its activities, including those expressly provided for under section 7 of this Act; (b) arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification and access; and (c) keep all information in its possession in good condition and in a manner that preserves the safety and integrity of its contents. | |
Ghana | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 83(1) The Minister may, in consultation with the Board, by legislative instrument, make Regulations (a) making it obligatory for public institutions and private organisations to maintain their records in good and accessible condition in order to facilitate access to information; | Minister may issue mandatory records management rules |
Iceland | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 22. [...] The Prime Minister is authorised, upon receiving the opinion of the director of the National Archives, to issue regulations that specify how documents are to be managed in Government administration, including what type of computer software shall be used. [...] | |
Iran | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 2. The institutions liable under this law are required to gradually and in three years transform the mentioned information restored under article (7) of this executive regulation to numeric form, starting the first year this executive regulation is promulgated and present it to public in different level, in compliance with law. | Digitisation requirements count here. |
Ireland | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 48(1) The Minister may draw up and publish a code of practice (the "code") and guidelines (including guidelines in relation to matters contained in the code) for the effective and efficient operation of this Act to assist FOI bodies in the performance of their functions under this Act. (2) The code may include provisions to promote the publication of official and other information held by FOI bodies that might otherwise be the subject of FOI requests. (3) FOI bodies shall have regard to the code and any guidelines in the performance of their functions under this Act. (4) Notice of the making of a code under this section shall be published in Iris Oifigiúil as soon as convenient after the making thereof. | The code of practice would be close to this. |
Italy | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 48(1) The National Anti-Corruption Authority defines criteria, models and standard schemes for the organization, codification and representation of the documents, information and data object to mandatory publication in accordance with legislation in force, as well as in relation to the organization of the section "Transparent Administration". (2) Schedule A, which is part of this Decree, identifies models and standard schemes for the organization, codification and representation of documents, information and data object to mandatory publication in accordance with legislation in force. Modification of Schedule A can be executed by decree in accordance with paragraph 3. (3) The standards, models and schemes provided by paragraph 1 are adopted by the National Anti-Corruption Authority, in accordance with the Privacy Authority, the Unified Conference, Agency Italia Digitale and ISTAT. (4) The standards, models and schemes provide by paragraph 3 contain disposition aimed at: (a) assuring coordination of information and informatics coordination of data, for the satisfaction of the exigencies of uniformity of the methods of codification and representation of public information and data, their confrontation and their re-elaboration.; (b) defining, for specific sectors and kind of data, the quality requirements of the information, identifying in particular the necessary adjustments by single administrations with their own regulation, the validation procedures, controls and substitutive controls, professional competencies required for the management of the information disclosed through institutional websites, as well as guarantees and corrections that can be activated by anyone who has an interest. (5) The individual/entities provided by article 2-bis, when fulfilling the obligations of publication provided by legislation in force, must use the standards, models and schemes provided by paragraph 1. | |
Ivory Coast | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5. Les organismes publics doivent conserver et gérer leurs données. | Very general reference. |
Jordan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 14(a) Each department shall index and organize the information and documents as per professional and technical practices and classify the part thereof as confidential and protected according to the legislations in force within a period not exceeding three (3) months as of the date of their being gazetted. | But very general (14(a)). |
Kosovo | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 30(2) The public institutions shall take the necessary measures to: (2.3) manage their public documents, efficiently, so that they are easily accessible. | Some obligation for public authorities to manage their records, but there is no fully-fledged system. |
Kuwait | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4. Each authority shall organize, classify and index the information and documents available therewith, according to the professional and technical procedures in force, and to classify what should be considered confidential and protected in accordance with the law, within two years of the date of this law coming into force. | A limited obligation to organise information but not a proper regime for this. |
Lebanon | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 13: Facilitating the process of accessing registers: The administration shall keep the information it possesses organized and in an arrangement that allows the appointed employee to retrieve it easily. The administration shall store the information electronically wherever possible. | There are record management standards, but no centrally set standard or enforcement. |
Malawi | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 13.(1) Every information holder shall ensure that it keeps information or records about its operations, personnel, activities and other relevant or related information or records. (2) Every information holder shall ensure the proper organization and maintenance of all information or record in its custody, in a manner that facilitates access to such information or record in accordance with this Act. (3) Every information holder shall maintain information, for a period of seven years from the date on which the information is generated by the institution or on which the information comes under its custody or control. 55.(1) The Minister may make regulations for the better carrying out of this Act. (2) Without prejudice to the generality of subsection (1), the regulations may prescribe – (d) the measures which information holders shall take to ensure proper keeping of records of information. | Minister may by regulation set measures for proper maintenance of records; would get another point if and when that happened. |
Maldives | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 36(c) In addition to the tasks assigned under this Act, the Information Officers shall undertake the following: (1) To formulate the policies and principles required to maintain, archive and disclose the information, according to the principles laid down by the Information Commissioner under section 38 of this Act, and administer and encourage the implementation of these; 39(a) Each State Institute shall manage its information in a manner that would enable easy discharge of the duty of information disclosure and must follow the general norms relevant to this function. (c) Within a specified period, the Information Commissioner, having consulted with the state-offices, must publicly announce and publish, the general norms to be followed in managing information securely in State Offices, their preservation, archiving, disposal and disclosure. | Still lacks training elements and not clear if norms of Commissioner are binding. |
Morocco | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 11. Tout institution ou organisme concerné est tenu de prendre les mesures nécessaires permettant d'assurer la gestion, la mise à jour, le classement et la conservation des informations dont il dispose, selon les normes adoptées en la matière, afin de faciliter la délivrance de ses informations à leurs demandeurs conformément aux dispositions de la présente loi. | Obligation on public bodies but no proper system for this |
Mozambique | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | ARTIGO 10 (Principle of open Public Administration) 3. Every information shall be kept in registers duly classified and indexed in order to ease the RTI. Right to Information Law Regulation ARTIGO 21 (Documents and Files in archives) 1. The entities of article 3 RTI Law and article 2 of the present Regulation shall maintain the archives available, except for the exception provided by the law, in duly classified and indexed registers in order to ease the exercise of the right to information. | |
Namibia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 24(2) The implementation plan of a public entity contemplated in subsection (1) must include - (e) processes, mechanisms and policies to facilitate and enhance implementation of this Act, including measures to secure optimal responsiveness to requests for information and record management; 32(1) A public entity must produce, keep, organise and manage its information in a manner which facilitates the right of access to information as provided in this Act and any other law. (2) In furtherance of the obligations contemplated in subsection (1), a public entity must - (a) produce information in respect of all its activities, including but not limited to those expressly provided for under section 27; (b) arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification and allocation; and (c) keep all information in its possession in good condition and in a manner that preserves the safety and integrity of its contents. 85. The Minister may make regulations relating to any or all of the following - (e) the creation, keeping, organisation and management of information, including proactive disclosure of information, to facilitate transparency, accountability, good governance and access to information; | Some obligations that authorities develop information management rules and the Minister can enact regulations on this topic, but not comprehensive enough as a records management system for 2 points. |
Nicaragua | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Artículo 42.- El Instituto Nicaragüense de Cultura y el Instituto Nacional de Información de Desarrollo, crearán y organizarán un banco de datos nacional y un servicio informativo, que estará accesible a los ciudadanos. Para estos efectos, el Instituto Nicaragüense de Cultura y el Instituto Nacional de Información de Desarrollo, conformarán una comisión permanente conjunta que atenderá los requerimientos de las instituciones públicas para señalarle los documentos que deben ser suministrados al banco de datos nacional. Asimismo elaborarán las directrices de resguardo y preservación de la documentación que integre el banco de datos nacional. Dicho banco de datos, deberá estructurarse bajo la dependencia administrativa de la comisión permanente conjunta del Instituto Nicaragüense de Cultura y del Instituto Nacional de Información de Desarrollo | Art 42 mentions the need for information management, but is vague on the specifics. Art 43 also touches on this. |
Nigeria | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 2(1) A public institution shall ensure that it records and keeps information about all its activities, operations and businesses. 9(1) Every government or public institution shall ensure that it keeps every information or record about the institution's operations, personnel, activities and other relevant or related information or records. (2) Every government or public institution shall ensure the proper organization and maintenance of all information or record in its custody, in a manner that facilitates public access to such information or record under this Act. | S. 2(1) and s. 9 mention this – but they are vague. |
Panama | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Ley 33 de 25 de abril de 2013, 8. El oficial de información tendrá las siguientes obligaciones: (7) Promover dentro de la institución las mejores prácticas en relación con la responsabilidad del mantenimiento, archivo y custodia de los documentos públicos, así como los de información confidencial o de acceso restringido. | Only a very general obligation for the information Officer to promote good practices in this area, which falls far short of a proper records management system. |
Paraguay | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 3. Broadcasting. Public information will be subject to advertising and public sources are required to provide proper organization, systematization and computerization availability to have disseminated permanently, for the purposes of ensuring greater and easier access to stakeholders. | |
Philippines | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Section 14: Keeping of Records: Subject to existing laws, rules, and regulations, government offices shall create and/or maintain accurate and reasonably complete records of important information in appropriate formats, and implement a records management system that facilitates easy identification, retrieval and communication of information to the public. | |
Republic of Belarus | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 24. State registration of information resources State registration of information resources shall be carried out in order to create a unified system of accounting and preservation of information resources, to create conditions for their transfer to state archival storage, to inform state bodies, individuals and legal entities about the composition and content of information resources in the Republic of Belarus. State registration of information resources shall be carried out by the Ministry of Communications and Informatization of the Republic of Belarus through adding information about information resources into the State register of information resources. The procedure for state registration of information resources, with the exception of information resources specified in part four of this article, and the procedure for maintaining the State register of information resources shall be determined by the Council of Ministers of the Republic of Belarus. The procedure for registration of information resources generated by the state security bodies of the Republic of Belarus shall be defined by the Committee on State Security of the Republic of Belarus (KGB). State information resources shall be subject to state registration. | Yes: Article 24, although no procedural specifics are outlined and the capacity to set such specifics is at the discretion of the Council of Ministers of the Republic of Belarus. |
Seychelles | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4. (1) Every public body shall create, keep, organise and maintain its information in a manner which facilitates the access to information, as provided in this Act. (2) For the purpose of subsection (1), every public body shall - (a) produce information in respect of all its activities, including to those expressly provided for under section 5 of this Act; (b) arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification; and (c) keep all information in its possession in good condition and in a manner that preserves the safety and integrity of its contents. | Very weak system involving a general obligation. |
South Korea | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 6(2) Public institutions shall organize the information management system for proper preservation and expeditious search of information, have a department or human resources in charge of duties related to information disclosure, and endeavor to establish the information disclosure system by using the information and communications network. | Basic system for this. |
Sudan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 7(1) The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (e) Provide advice and counsel to the institutions concerned by this law on how to store and archive data and information, and compel them to act on them; | Not a proper records management system although it does seem that the Commission can compel bodies to respect its standards |
Tajikistan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 11(1)(b) - though this is somewhat vague | |
Tunisia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Art. 60- Les organismes publics soumis aux dispositions de la présente loi, doivent : - réaliser un site web officiel et publier les guides mentionnés au septième tiret de l’article 38 de la présente loi, dans un délai de six (6) mois à compter de la date de publication de la présente loi, - finaliser l’organisation de leurs archives dans un délai ne dépassant pas une année au maximum, à compter de la date de publication de la présente loi, - mettre en place et exploiter un système de classification des documents administratifs qu’ils détiennent, afin de faciliter le droit à l’accès à l’information, et ce, dans un délai ne dépassant pas une année à compter de la date de publication de la présente loi, Assurer la formation nécessaire en matière d’accès à l’information, à leurs agents. | General requirement but not a proper system. |
Ukraine | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 18.1 To ensure preservation and access to public information, documents that are in possession of the subjects of public authority shall be subject to mandatory registration in the recording system that must contain: 1) name of the document; 2) date when the document was created; 3) date when the document was received; 4) source of information (author, relevant unit); 5) lawful ground for referring information to the category of limited access; 6) term for limitation of access to information, in case it is referred to information with limited access; 7) thematic area; 8) key words; 9) type, medium (text document, electronic document, tapes, video recordings, audio recordings, etc.); 10) type (normative acts, agreements, decisions, protocols, reports, press releases); 11) draft decisions (memoranda, petitions, statements, requests, proposals, letters, etc.); 12) form and place of the document’s storage and so on. 18.2 Access to the recording system, which contains information about documents that are in possession of the subject of public authority, shall be ensured by: 1) publication of such information on official web-sites of the subjects of public authority or, if the web-site does not exist, - by any other acceptable means; 2) providing access to the system in response to requests. 18.3 System of public information recording may not be referred to the category of information with limited access. 18.4 Information administrators shall bear responsibility for ensuring access to the recording system in accordance with the law. | Somewhat detailed system but lacks a full approach whereby a central body sets and enforces standards. |
Venezuela | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4….A tal efecto, adoptarán las medidas que garanticen y promuevan la organización, clasificación y manejo de la información de interés público que posean. Asimismo, deberán facilitar la búsqueda y el acceso a la información de interés público de una manera clara, ordenada y comprensible para las interesadas e interesados. | Vague obligation on authorities to manage records. Borderline but one point allocated. |
Vietnam | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 33. Measures to ensure the right to access to information of citizens: (6) Consolidating, strengthening clerical work, archiving, statistics; equipping technical facilities, information technology and other necessary conditions for the information requester to read, see, listen, take notes, copy, capture information at head offices of state agencies and via internet. Article 34(1) Agencies providing information as prescribed in Article 9 of this Law shall have responsibilities as follows:(c) Maintaining, archiving, updating a database of information that state agencies are responsible for provision, ensuring that information is kept in a systematic, sufficient, comprehensive manner and is easy for searching; (d) Ensuring accuracy and sufficiency of information. The transfer of information among database systems shall comply with the provisions of the laws; (Ä‘) Issuing technical guidance on measures and processes of protection of information and information management systems; (e) Reviewing, classifying, checking and ensuring secrecy of information before provision; | Basic obligation but no real system to do it. |
Zambia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 7 | |
Angola | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Australia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Belgium | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Belize | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Benin | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Bosnia and Herzegovina | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Brazil | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Bulgaria | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | There is a system of document management. It is not in APIA. |
Canada | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not listed in the law. |
Cape Verde | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Chile | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Cook Islands | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Costa Rica | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Cyprus | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Czech Republic | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Denmark | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Dominican Republic | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
East Timor | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Ecuador | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | ARTICLE 11 "(...) Vigilancia y Promoción de la Ley.- Sin perjuicio del derecho que las leyes asignan a otras instituciones públicas de solicitar información y de las facultades que le confiere su propia legislación, corresponde a la Defensoría del Pueblo, la promoción, vigilancia y garantías establecidas en esta Ley. Tendrá las siguientes atribuciones: (...) d) Precautelar que la calidad de la información que difundan las instituciones del sector público, contribuyan al cumplimiento de los objetivos de esta Ley;(...)" | 11(d) hints at this, but no specific standards or rules are mentioned. |
France | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Germany | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Guinea | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Hungary | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
India | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Indonesia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not found in the law. |
Israel | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Jamaica | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Kazakhstan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Latvia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Liechtenstein | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Lithuania | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Luxembourg | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Moldova | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Monaco | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Mongolia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Montenegro | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
Niger | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
Norway | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
Palau | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | |
Poland | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not specifically mentioned. | |
Portugal | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Romania | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not specifically mentioned. | |
Rwanda | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
San Marino | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | 4(1). 1. In the exercise of its functions, for a more efficient carrying out of its activity, the Administration shall avail itself, both in internal relations between the various offices, bodies and companies, and with private individuals, of electronic, computerized and telematic techniques and means, within the limits allowed by the laws in force. Regulation of 2 December 2015, No. 16, 10(1). The Administration shall guarantee the quality of the information contained in the institutional websites in compliance with the publication obligations established by the preceding articles, ensuring its integrity, constant updating, completeness, timeliness, ease of consultation, comprehensibility, homogeneity, ease of access, conformity with the original documents in the possession of the Administration itself, the indication of their origin as well as their usability in accordance with the provisions of Article 33 of Law n.160/2011. 12(1)The DGFP, through the Internal and External Communication Service, shall define criteria, models and standard schemes for the organization, codification and representation of documents, information and data subject to publication in accordance with article 31 of Law n.160/2011, with these regulations and with special rules, having consulted, until its replacement by the User Guarantee Authority, the Guarantor for the protection of confidentiality of personal data referred to in article 15 of Law n.70/1995. | No points awarded because the quality of information guarantee is found in the 2015 regulation on proactive publication of information, thereby limiting the kinds of information subject to the standards. |
Slovakia | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Tanzania | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | 8(1) Every information holder shall maintain record of information that is under the control of such information holder. (2) For the purpose of subsection (1), the information holder shall maintain every record for a period of not less than thirty years after a date on which the information came under the control of the information holder. | Provides for terms for maintaining information but not a system for records management. |
Thailand | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not in the law. |
Togo | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
Trinidad and Tobago | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Turkey | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Uganda | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Uruguay | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
Uzbekistan | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
Zimbabwe | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
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