By Indicator detail
Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.
| Country | Description | Scoring instructions | Max score | Finding | Points | Article | Comments |
|---|---|---|---|---|---|---|---|
| Afghanistan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 3(6) Institutions include Offices of the President, National Assembly, the Judiciary, ministries, independent directorates, independent state commissions, local administrations, provincial councils, district councils, village councils, municipalities, municipal councils, state-owned enterprises, government corporations and joint ventures and all other bodies and institutions established by law. This definition also includes any organization or institution which is owned, controlled or substantially funded by one of the institutions defined above as well as any other body which undertakes a public function. | Very comprehensive |
| Albania | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2(1)(a) Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law. | The law covers all the executive branch on all levels and any authority or public entity created by the Constitution or by law |
| Antigua and Barbuda | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Art 3(1) For the purpose of this Act, a public authority means: (a) the Government; (b) a Ministry of the Government and a department. division or unit, by whatever name known, of a Ministry; (c) the Barbuda Council established under section 123 the Constitution and the Barbuda Local Government Act; (d) a body: (i) established by or under the Constitution or any other law (ii) owned, controlled or substantially financed by the Government from public funds (iii) carrying out a function conferred by law or by executive action, or a public function conferred by the Government, only to the extent of that function (e) such other body carrying out a public function as the Minister may, by Order published in the Gazette, designated. (1) For purposes of this Act, a private body includes any body, excluding a public authority that:- (a) carries on any trade, business or profession, but only in that capacity; or (b) has legal personality | Art 3 - includes the ministries and their departments, the local authorities, and "the government". Definition of "government" is not given. Under the circumstances I would presume that this includes the executive as a whole, since there are no listed exceptions. Local government and ministries are also enumerated, as well as any body created by law or statute. No exclusions. |
| Argentina | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTÍCULO 7° — Ámbito de aplicación. Son sujetos obligados a brindar información pública: a) La administración pública nacional, conformada por la administración central y los organismos descentralizados, comprendiendo en estos últimos a las instituciones de seguridad social; b) El Poder Legislativo y los órganos que funcionan en su ámbito; c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; g) Las empresas y sociedades del Estado que abarcan a las empresas del Estado, las sociedades del Estado, las sociedades anónimas con participación estatal mayoritaria, las sociedades de economía mixta y todas aquellas otras organizaciones empresariales donde el Estado nacional tenga participación mayoritaria en el capital o en la formación de las decisiones societarias; h) Las empresas y sociedades en las cuales el Estado nacional tenga una participación minoritaria, pero sólo en lo referido a la participación estatal; i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; o) El Banco Central de la República Argentina; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación; q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. El incumplimiento de la presente ley será considerado causal de mal desempeño. | |
| Austria | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities, 1.2. of the organs of the legally established self-governing bodies, 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business, 1.4. the bodies of the foundations, funds and institutions subject to the control of the Court of Audit or a State Court of Audit, as well as 1.5. of the enterprises subject to the control of the Court of Audit or a state audit office, provided that in the case of participation by the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit in the enterprise, there is a participation of at least 50% of the registered capital, basic capital or equity capital or the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or it is an enterprise at any further level for which the requirements under this paragraph are met. Federal Constitutional Law, 126 b(2). The Court of Auditors also examines the financial management of companies in which the Federal Government alone or jointly with other legal entities subject to the Court of Auditors' jurisdiction holds a stake of at least 50% of the registered capital, share capital or equity capital, or which the Federal Government operates alone or jointly with other such legal entities. The Court of Auditors also examines those companies which the Federal Government alone or jointly with other legal entities subject to the Court of Auditors' jurisdiction actually controls through financial or other economic or organizational measures. The Court of Auditors' jurisdiction also extends to companies at any further level where the requirements of this paragraph are met. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000138&FassungVom=2022-03-21 | |
| Bosnia and Herzegovina | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities" Art 3.2 "public authority" means any authority or legal person in the Federation of Bosnia and Herzegovina (hereafter "Federation") as follows: - a legislative authority; - an executive authority; - a judicial authority; - an administrative authority; - a legal person appointed or established by law to carry out a public function; - a legal person that is either owned or controlled by the Federation, or by a canton, municipality or town within the Federation, or whose work is administered by a public authority; | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, all bodies referred to in the indicator are included. |
| Brazil | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor's Office. | 1(1) seems to cover the entire executive, with no exceptions. |
| Bulgaria | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates." | The art. 3 clarifies that all state bodies are under the scope. Also bodies, subject to the public law, the individual and legal entities are financed with public funds. |
| Burkina Faso | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et dont l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public | Seems very comprehensive. |
| Cape Verde | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1. This law applies to the following bodies and entities: a) Bodies of sovereignty and bodies of the State that form part of the Public Administration; b) Other State bodies, in so far as they exercise materially administrative functions; c) Bodies of public institutes, independent administrative entities and public associations and foundations; d) Bodies of public companies; e) Bodies of local authorities, inter-municipal entities and any other local public associations and federations; f) Bodies of municipal and inter-municipal companies, as well as any other local companies or public municipal services; g) Associations or foundations governed by private law, in which the bodies and entities provided for in this number exercise management control powers or appoint, directly or indirectly, the majority of the holders of the administrative, management or supervisory body; h) Other entities responsible for managing public archives; i) Other entities in the exercise of materially administrative functions or public powers, namely those that hold concessions or delegations of public services. 2. The provisions of this law are also applicable to documents held or drawn up by any entities endowed with legal personality that have been created to specifically satisfy general interest needs, without an industrial or commercial nature, provided that one of the following is verified circumstances: a) The respective activity is mostly funded by any of the entities referred to in the previous number or in this number; b) The respective management is subject to control by one of the entities referred to in the previous number or in this number; c) The respective administrative, management or supervisory bodies are composed, in more than half, by members appointed by any of the entities referred to in the previous number or in this number. | Seems pretty comprehensive. |
| Chile | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. | Art 2 - Applies to ministries, governors, town councils (intendencia) and all other "órganos y servicios públicos" (public organs and services). This includes the presidency. |
| Colombia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 5. Scope. The provisions of this law the following persons shall be applicable as obligated parties: a) A public entity, including to members of all branches of government, at all levels of the state structure, central or decentralized for services or territorial, national, departmental, municipal and county orders; b) agencies, and independent or autonomous state entities and control; c) Natural and legal persons, public or private, to provide public service, providing public services for information directly related to the provision of public services; d) Any natural person, legal entity or reliance person holding public authority or public function, for information directly related to the performance of their duties; e) The political parties or movements and significant groups of citizens; f) Entities that administer quasi-Government agencies, funds or resources of nature or public origin. Natural or legal persons receiving or intermediating funds or territorial and national public benefits and do not meet any other requirements to be considered obligated only must comply with this Act in respect of that information produced in connection with public funds received or as intermediaries. | |
| Costa Rica | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | N/A | Seems the Court reads the Constitutional protection to apply expansively including to local government but it is not clear how much Decree 40200 itself applies to local institutions. Given benefit of the doubt, partly because jurisprudence indicates a wide range of entities are subject to the obligation to provide information. |
| Croatia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Art.5.2. "Public authority bodies", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic fo Croatia and local and regional units of government have separate or joint majority ownership rights; | |
| Cyprus | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | "Article 4 (Public Authorities) 4. Για τους σκοπούς του παρόντος Νόμου, στην έννοια του όρου «δημόσια αρχή» περιλαμβάνονται - (α) Οποιοδήποτε υπουργείο, τμήμα, γραφείο, υπηρεσία, επιτροπή και αρχή του δημόσιου τομέα ή του ευρύτερου δημόσιου τομέα ή οποιοδήποτε άλλο διοικητικό όργανο· (β) η Βουλή των Αντιπροσώπων και η Δικαστική Υπηρεσία· (γ) οποιοδήποτε νομικό πρόσωπο δημοσίου δικαίου ή οργανισμός κοινής ωφέλειας που ιδρύθηκε διά νόμου· (δ) οποιαδήποτε αρχή ή οργανισμός τοπικής αυτοδιοίκησης· (ε) οποιοδήποτε συμβούλιο ή αρχή που ιδρύθηκε δια νόμου ή από αρχή τοπικής αυτοδιοίκησης· (στ) οποιοδήποτε νομικό πρόσωπο ιδιωτικού δικαίου, το οποίο λειτουργεί υπό τον έλεγχο του κράτους ή είναι ιδιοκτησία του κράτους, όπως καθορίζεται στο άρθρο 5· ή (ζ) οποιοδήποτε σώμα ή κάτοχο αξιώματος που δεν αναφέρεται ήδη πιο πάνω, εφόσον ο διορισμός διενεργείται - (i) από τον Πρόεδρο της Δημοκρατίας ή το Υπουργικό Συμβούλιο· ή (ii) δυνάμει διατάξεων πρωτογενούς ή δευτερογενούς νομοθεσίας· ή (iii) από οποιοδήποτε υπουργό υπό την ιδιότητά του ως υπουργός: Νοείται ότι όσον αφορά σώμα, το εν λόγω σώμα πρέπει να αποτελείται, εν όλω ή εν μέρει, από πρόσωπα που διορίζονται από τον Πρόεδρο της Δημοκρατίας ή το Υπουργικό Συμβούλιο ή οποιοδήποτε υπουργό και όσον αφορά αξίωμα, ο διορισμός στο εν λόγω αξίωμα πραγματοποιείται από τον Πρόεδρο της Δημοκρατίας ή το Υπουργικό Συμβούλιο ή οποιοδήποτε υπουργό. " | |
| Dominican Republic | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: a) Organismos y entidades de la administración pública centralizada; b) Organismos y entidades autónomas y/o descentralizadas del Estado, incluyendo el Distrito Nacional y los organismos municipales;(...) | |
| East Timor | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 1(2) This diploma shall apply to: A) To the organs and services of the Direct Administration of the State B) To the organs and services of the Indirect Administration of the State; C) To the Municipalities; D) Public companies; E) To other entities in the exercise administrative functions or public powers. | |
| Ecuador | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTICLE 1 Principio de Publicidad de la Información Pública.- El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de éste, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado; las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG's), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. | Article 1 - The language and structure is a bit convoluted, but it seems like this law applies to any institution which is subject to the authority of the Comptroller General. Which, as I understand it, means all public sector entities. |
| El Salvador | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. | Art 7 applies the law to all organs of state and their dependent agencies, as well as municipalities or any other agency which recieves (administre) public funds. This covers everything. |
| Estonia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 5. Holders of information (1) The following are holders of information: 1) state and local government agencies; 2) legal persons in public law; 3) legal persons in private law and natural persons under the conditions provided for in subsection (2) of this section. (2) The obligations of holders of information extend to legal persons in private law and natural persons if the persons perform public duties pursuant to law, administrative legislation or contracts, including the provision of educational, health care, social or other public services, “with regard to information concerning the performance of their duties. | |
| Finland | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | [Principles of Openness] Article 1(2) There are specific provisions that apply to the right to attend Parliamentary plenary sessions, meetings of municipal councils and other municipal bodies, court hearings and meetings of ecclesiastical bodies. Article 4(1) For the purposes of this Act, authorities are defined as: (1) State administrative authorities and other State agencies and institutions; (2) courts of law and the other bodies for the administration of the law; (3) State enterprises; (4) municipal authorities; (5) the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in paragraph (2); (6) Parliamentary agencies and institutions; (7) Ëœland authorities, when performing the duties of State authorities in Ëœland; (8) independent boards, consultative bodies, commissions, committees, working groups, investigators, as well as auditors of municipalities and federations of municipalities, and other comparable organs appointed for the performance of a given task on the basis of an Act, a Decree or a decision of an authority referred to in subparagraph (1), (2) or (7). Article 1(2) The provisions on an authority also apply to corporations, institutions, foundations and private individuals appointed for the performance of a public task on the basis of an Act, a Decree or a provision or order issued by virtue of an Act or a Decree, when they exercise public authority. Separate provisions apply to access to the documents of the Evangelical Lutheran Church. | No bodies seems are excluded from the scope of the Act. The openness act does not contain a separation between administrative or other documents. The Parliament's rules of procedure also contain rules on access to Parliament's documents. |
| France | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2. | |
| Gambia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
| Georgia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 27 Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official – an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | The definition of terms provided by the law distinguishes "public agency" from "corporate public agency". Then, at the time of granting access to the public information, the articles refers only to the "public agencies" and not the "corporate public agencies", that are the ones that contains a governing or advisory board. The definition of public agency is broad and covers all the bodies and classes. Concerning to archives, at first are included, but If the government decides to make them private and not to fund them from the state budget, FOI law will not cover them. |
| Guatemala | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Artículo 6. Es toda persona individual o jurídica, pública o privada, nacional o internacional de cualquier naturaleza, institución o entidad del Estado, organismo, órgano, entidad, dependencia, institución y cualquier otro que maneje, administre o ejecute recursos públicos, bienes del Estado, o actos de la administración pública en general, que está obligado a proporcionar la información pública que se le solicite, dentro de los que se incluye el siguiente listado, que es enunciativo y no limitativo: (1) Organismo Ejecutivo, todas sus dependencias, entidades centralizadas, descentralizadas y autónomas; [...] (4) Todas las entidades centralizadas, descentralizadas y autónomas; [...] (17) Gobernaciones Departamentales; [...] (18) Municipalidades; [...] (30) Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado; [...] (34) Las personas individuales o jurídicas de cualquier naturaleza que reciban, manejen o administren fondos o recursos públicos por cualquier concepto, incluyendo los denominados fondos privativos o similares; [...] (35) Comités, patronatos, asociaciones autorizadas por la ley para la recaudación y manejo de fondos para fines públicos y de beneficio social, que perciban aportes o donaciones del Estado. | Article 6(1), 6(4), 6(17), 6(18), 6(30), 6(34), 6(35) - allow for a perfect score here. |
| Honduras | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTICULO 3. DEFINICIONES. Para los efectos de la presente Ley, se entiende por: [...] (4) Instituciones obligadas: a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado; [...] | Article 3(4)(a) seems quite broad, our local expert has affirmed that it applies without exceptions. |
| Hungary | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2(1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Article 3(5) Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. | |
| Indonesia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1(3) Public Agency means executive, legislative, judicative and other agencies whose function and main duties are related to the organizing of the state, where part or all of its funds originate from the state budget and/or the regional budget, or a non-governmental organizations that part or all of its fund originate from the state budget and/or the regional budget, the contribution from the people and/or from overseas sources. | 1(3) includes the executive as a whole and the law includes reference to provincial and local bodies and any other agencies whose function relates to organizing the state - comprehensive enough for full points. |
| Iran | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 1. [...] (D) Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran. (E) Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. (H) Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country's public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. | |
| Italy | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2-bis.(1) For the purposes of this decree, "public administrations" shall mean all the administrations under article 1, paragraph 2, of Legislative Decree n. 165 dated 30 March 2001, as subsequently amended, including port authorities, as well as independent administrative authorities having protection, supervisory and regulatory powers. | |
| Jordan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2 "Department" - the ministry, department, authority, entity or any public institution, public official institution or company that is in charge of the management of a public facility. | Definition of "department". |
| Kazakhstan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 8 Information holders are: (1) bodies and institutions of legislative, executive branches of state power and court system, as well as local state administration and self-administration; [...] | |
| Kenya | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2 [...] "public entity" means - (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; [...]. [Constitution] 260. "public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; [...] | |
| Latvia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution: “every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". | |
| Lebanon | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 1 – The state and its public administrations. 2 – Public institutions. 3 – Independent administrative bodies. 4 – The courts and the bodies and councils of a judicial or arbitrational nature, both regular and exceptional, including the juridical, administrative, and financial courts but not the denominational courts. 5 – The municipalities and municipality federations. 6 – Private establishments and companies tasked with administrating a public utility or property. 7 – Mixed companies. 8 – Public benefit institutions. 9 – All public law persons. 10 – Bodies that regulate sectors, particularly the Petroleum Administration, the Sovereign Fund, and other funds. | |
| Liberia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1.3.2: ""Access to information" refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: ""Public Authorities" means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: ""Public Bodies" refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." | 1.3.2 definition seems expansive enough - plus 1.3.6 and 1.3.7. |
| Lithuania | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 1. Purpose of the Law "1. This Law shall establish the procedure for collecting, producing, publishing and disseminating public information and the rights, duties and liability of producers and disseminators of public information, their participants, journalists and institutions regulating their activities. 2. This Law shall implement the legal acts of the European Union listed in the Annex to this Law." | All state and municipal authorities are obliged to provide information to the requesters (minus the exceptions), it does not matter whether they perform executive or legislative functions. The exceptions to this rule are laid out in Art. 1 of this law and contain such bodies like museums, theaters, national radio etc. The same goes for judicial branch. |
| Malawi | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2. “public body” means the Government, a statutory body, or any other body appointed by the Government to carry out public functions. | Schedule 1: The Executive, all its organs and persons in their service. |
| Mexico | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. | |
| Montenegro | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 4: "3) Government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" | |
| Mozambique | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. Right to Information Law Regulation ARTIGO 2 (Scope) 1.The present Regulation applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entities which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 2. For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; e) Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. | Not entirely clear; rather general definition |
| Nepal | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, (3) A body formed by the Government of Nepal, (4) Institution or foundation established by the law, public service. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (7) Body Corporate formed by a Body established by the Government of Nepal or the law upon entering into an agreement, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette. | Seems pretty comprehensive. |
| Netherlands | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Section 1.a: \"1. This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, municipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" | Expert says: Yes, even the bodies which have a lex specialis [like intelligence services or the tax office] are under the scope of the Wob because the scope of there lex specialis is limited to a defined and very limited set of docs [like the taxpayers docs of individuals] All of the intelligence, security, military, cabinet, etc etc are under the scope of the Wob. There is not one exception |
| Nicaragua | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Artículo 4.- Para los fines de la presente Ley, se establecen las siguientes definiciones: c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, incluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua. d. Otras Entidades o Instituciones sometidas a la Ley de Acceso a la Información Pública: Toda entidad mixta o privada que sea concesionaria de servicios públicos; y las personas de derecho público o privado, cuando en el ejercicio de sus actividades actúen en apoyo de las entidades antes citadas o reciban recursos provenientes del Presupuesto General de la República sujetos a la rendición de cuentas | Art 4(c) lists the executive as a whole as well as all regional governments, and 4(d) seems to pick up any residual agencies. An extremely broad definition of "public agencies". |
| Niger | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2: Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute autre personne de droit public ou de droit privé chargée d’une telle mission. 3: Sous réserve des dispositions des articles 13, 14, et 18 ci-dessous, les organismes publics et les organismes de droit privé chargés d’une mission de service public, détenant des documents ou informations présentant un intérêt pour le public, sont tenus de les mettre à sa disposition. Les conditions de mise à disposition de ces informations sont déterminées par décret. | Article 2 and 3 apply the law to any body responsible for public services - that should include the entire government. |
| North Macedonia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Art 3. Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; | |
| Pakistan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2(ix) (ix) " public body" means- (a) any Ministry, Division, attached department or subordinate office, including autonomous bodies of the Federal Government; (b) any Federal and any municipal or local authority set up established by or under any Federal law; (d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government; (f) any incorporated or unincorporated body of the Federal Government functioning under the control or authority of another public body or wherein one or more public bodies own or have controlling interest or provide substantial funding; | Prime Minister would appear to be included through legislature. |
| Panama | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Artículo 1: Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así: (...) 8. Institución: Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...) | Article 1(8) of Law 6 of 2002 seems to cover this entirely - an extremely broad provision. |
| Paraguay | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2. definitions. For the purposes of this Act, shall be construed as: 1 Public sources: Are the following organisms: ... b) The Executive, its ministries, departments and all other administrative bodies as well as the Attorney General's Office and the National Police; d) The Armed Forces of the Nation; e) The Ombudsman, the Comptroller General of the Republic and the Central Bank of Paraguay; g) The national universities; h) The departmental and municipal governments; e, | |
| Peru | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2 Entidades de la Administración pública: Para efectos de la presente Ley se entiende por entidades de la Administración Pública a las señaladas en el Artículo I del Título Preliminar de la Ley Nº 27444, Ley del Procedimiento Administrativo General. Ley del Procedimiento Administrativo General I Ámbito de aplicación de la ley: La presente Ley será de aplicación para todas las entidades de la Administración Pública. Para los fines de la presente Ley, se entenderá por “entidad” o “entidades” de la Administración Pública: 1. El Poder Ejecutivo, incluyendo Ministerios y Organismos Públicos; ...4. Los Gobiernos Regionales; 5. Los Gobiernos Locales; ...7. Las demás entidades, organismos, proyectos especiales, y programas estatales, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto, se consideran sujetas a las normas comunes de derecho público, salvo mandato expreso de ley que las refi era a otro régimen (...) | Article 2, which refers to General Administrative Procedural Law #27444, Article I, which can be located (in Spanish) here |
| Republic of Belarus | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 5. Subjects of information relations Subjects of information relations can be: • Republic of Belarus, administrative-territorial units of the Republic of Belarus; • state bodies, other state organizations (hereinafter, unless otherwise provided, state bodies); • other legal entities, organizations that are not legal entities (hereinafter -- legal entities); • individuals, including individual entrepreneurs (hereinafter-individuals); • foreign states, international organizations. Subjects of information relations in accordance with this Law may act as: • holders of information; • users of information, information systems and (or) information networks; • owners and possessors of program and technical means, information resources, information systems and information networks; • information intermediaries; • operators of information systems. Article 6. Right to information State bodies, individuals and legal entities have the right to seek, receive, transmit, collect, process, accumulate, store, disseminate and (or) provide information, [and(or)] use information in accordance with this Law and other acts of the legislation of the Republic of Belarus. State bodies, public associations, and officials shall be obliged to provide citizens of the Republic of Belarus with an opportunity to get acquainted with information that affects their rights and legitimate interests in the order established by this law and other legislative acts of the Republic of Belarus. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information about the activities of state bodies, public associations, political, economic, cultural and international life, [and (or)] the state of the environment in the order established by this law and other legislative acts of the Republic of Belarus. The right to information may not be used to promote war or extremist activities, or to commit other illegal acts. | |
| Romania | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. |
| Russia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2(1): (Scope of the Present Federal Law): The scope of the present Federal Law extends to relations arising in connection with providing access for information users to information on the activities of government bodies and bodies of local self-government. Section 4: The scope of the present Federal Law extends to relations arising in connection with the granting, by government bodies and bodies of local self-government, of information on their activities, upon the request of an editorial board of a mass media entity, in areas which remain unregulated by the legislation of the Russian Federation on mass media. | |
| Rwanda | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
| Saint Kitts and Nevis | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 7 | Seems to be very broad in scope |
| San Marino | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1 (2-4). 2. Except as provided under Title IV, this law applies a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration; b) to "interested parties", i.e., recipients of administrative measures that affect a specific legal situation of which they are holders. 3. The provisions of this Act shall also apply to the Administration and to public or private persons providing a public service, if and insofar as they are compatible and subject to specific regulations. 4. If the Administration is not required to comply with specific regulations governing individual procedures, it shall carry out its actions in accordance with the provisions of this law. The provisions of this law, however, integrate, if necessary and insofar as they are compatible, the rules governing individual procedures. 1(5). The provisions of this Act shall not apply: a) to jurisdictional proceedings; b) acts of a non-authoritative nature, for which the rules of private law apply; c) acts resulting from particular procedures regulated by special laws; d) regulatory acts; e) acts of political content; f) acts of general content, planning and programming. | |
| Serbia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 3: "Public authority in the sense of this law is: 1) body of the Republic of Serbia; 2) the body of the autonomous province; 3) body of the municipality, city, city municipality and the city of Belgrade; 4) public enterprise, institution, organisation and other legal entity which is established by regulation or decision of the body referred to in item 1) to 3) of this paragraph; 5) a company whose founder or member is the Republic of Serbia, an autonomous province, a unit of local self-government, or one or more authorities referred to in item 1) to 4) of this paragraph with 50% or more of shares or stakes in the sum; 7) a legal entity whose founder is a company from item 5) or 6) of this paragraph; 8) a legal entity or an entrepreneur performing activities of general interest, in terms of the law governing the position of public enterprises, in relation to information related to the performance of those activities; 9) a legal or natural person who has public powers, in relation to information related to the exercise of those powers; 10) a legal entity that in the year to which the requested information relates has generated more than 50% of the income from one or more authorities referred to in item 1) to 7) of this paragraph, in relation to information related to the activity financed by these revenues, except for the church and religious community." | All the bodies and classes of information seem to be included under the scope. Despite Archives not being explicitly mentioned, the definition of bodies include public archives too. |
| Seychelles | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Schedule. Public body for the purpose of this Act I. Any authority or body or institution performing government functions, legislative functions or judicial functions and established or constituted.— (a) by or under the Constitution; or (b) any written law, 2, A body owned, controlled or financed by the government. 3. Non-governmental organisation financed directly or indirectly by funds provided by the government. | Any legal or constitutional body and any other body owned, controlled or financed by them |
| Sierra Leone | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1. "public authority" includes any body (a) established by or under the Constitution of Sierra Leone 1991; (b) established by statute; (c) which forms part of any level or branch of Government; (d) owned, controlled or substantially financed by funds provided by Government; (e) carrying out a statutory or public function; or (f) a body or organisation that receives monies on behalf of the people of Sierra Leone; | |
| Slovenia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Art 1. "(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as "the bodies")." | |
| South Sudan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Definition of "public body " under Art. 5 covers this comprehensively. | |
| Sweden | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Chapter 2, Article 3: " A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority." Chapter 2, Article 5. "For the purposes of this Chapter, the Riksdag and any local government assembly with decision-making powers is equated with a public authority." | All the authorities seems to be included under the scope, but the law refers only to the official documents not the bodies. There is no provision that specifies which body is included or not. (I have reduced half of points). |
| Taiwan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 4 A government agency as defined in the Law means any of the central government agencies, local government agencies, and institutes for experiment, research, education, culture, medicine, and management of special funds that are established by those agencies. Individuals, legal persons or entities that are delegated to exercise the state power are treated as government agencies within the scope of such delegation. | Art 4 - any central or local government agency - this covers all of the executive according to our expert. |
| Thailand | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Section 4. In this Act: "information" means a material which communicates matters, facts, data or anything, whether such communication is made by the nature of such material itself or through any means whatsoever and whether it is arranged in the form of a document, file, report, book, diagramme, map, drawing, photograph, film, visual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information in possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual; "State agency" means a central administration, provincial administration. local administration, State enterprise, Government agency attached to the National Assembly, Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional supervisory organisation, independent agency of the State and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing official duty for a State agency; "personal information" means an information relating to all the personal particulars of a person, such as education, financial status, health record, criminal record or employment record, which contain the name of such person or contain a numeric reference, code or such other indications identifying that person as fingerprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information relating to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic persons: (1) a company or partnership more than one-half of the capital of which belongs to aliens; provided that a certificate of share to bearer shall be deemed to be held by an alien; (2) an association more than one-half of members of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) or any other juristic person more than one-half of managers or directors of which are aliens. If the juristic person under paragraph one becomes a manager, director, member or owner of the capital of another juristic person, such manager, director, member or owner of the capital shall be deemed an alien | S 4 definition of State Agency includes everything |
| Togo | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 3 : Ont la qualité d'organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d'une mission de service public. Tous les services relevant de l'administration publique ou des entreprises publiques sont des organismes publics. | Seems pretty comprehensive |
| Tunisia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Art. 2 - La présente loi s’applique aux organismes suivants : - la Présidence de la République et ses organismes, - la Présidence du gouvernement et ses organismes, - les ministères et les différents organismes sous- tutelle à l’intérieur ou à l’étranger, - la banque centrale, - les entreprises et les établissements publics et leurs représentations à l’étranger, - les organismes publics locaux et régionaux, - les collectivités locales, | |
| Uganda | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. | Section 2
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| Ukraine | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 13. Information Administrators 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; | All information seems to be included under the scope. All the State authorities, including the legislature seems to be covered by this article. According to the Constitution (Article 6) there are two types of public authorities - state authorities and local self-government authorities. \"State authorities\" covers all branches of power and some special bodies which are not formally included in any of branches - prosecutors, President of Ukraine. Therefore API Law covers effectively all public authorities. |
| Uruguay | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | N/A | Expert claims definition of "estatales y no estatales" includes all bodies here. |
| Yemen | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" | Definition of "concerned party" includes entire executive with no parties excluded. |
| Angola | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 7(7) Access to documents within the domain of notaries or public registers, documents on an individual's civilian identity and criminal records, documents concerning automatically processed personal data, as well as documents kept in historical archives is governed by separate legislation. | 7(7) excludes archives. Applies to all the rest of government, but public bodies is never explicitly defined. |
| Azerbaijan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 4.2.2. To ensure access to archival documents in accordance with the Law of the Republic of Azerbaijan "On the National Archive Fund"; 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | The Law refers only to "State bodies and municipalities" and then "legal entities performing public functions" but in practice this appears to apply broadly. Article 4.2.2 refers access to archival information to the special law on this. |
| Belgium | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Loi n° 94-1724, Article 1.b: "aux autorités administratives autres que les autorités administratives fédérales, mais uniquement dans la mesure où, pour des motifs relevant des compétences fédérales, la présente loi interdit ou limite la publicité de documents administratifs." | Article 1.b establishes that this law applies to federal administrative authorities. Article 11 establishes that this law applies to archives, excluding two of them which are ruled by the law on archives. |
| Belize | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | SECTION 3 "(1) In this Act, unless the context otherwise requires(...)" Department" means a Department of the Government of Belize; (...)"Minister" or "Minister administering this Act" means the Minister who has been assigned responsibility under the Constitution for information; "Ministry" means a Ministry of the Government and includes a Minister, Minister of State and officers and servants of that Ministry;(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette; "principal officer" means- (a) in relation to a Ministry, the Permanent Secretary of that Ministry, (b) in relation to a Department, the Head of that Department, and (c) in relation to a prescribed authority, the chief executive officer, general manager or other similar officer of that authority (...)"responsible Minister" means- (a) in relation to a Ministry - the Minister who has been assigned responsibility under the Constitution for that Ministry, or (b) in relation to a prescribed authority - the Minister who has been assigned responsibility under the Constitution for the subject-matter of that authority. (2) References in this Act to a Ministry shall include a reference to a Department of Government." | definitions of department, minister and ministry and expansive. But - does not apply to the Governor General. |
| Cook Islands | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 2. Interpretation- (1) In this Act, unless the context otherwise requires, "Cook Islander" means a member of the Polynesian race indigenous to the Cook Islands; "Document" means a document in any form, and includes – (a) any writing on any material; (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored; (c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means; (d) any book, map, plan, graph, or drawing; (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without) the aid of some other equipment) of being reproduced; "International Organisation" means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat; "Member" means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, whether by election or appointment or otherwise, holds office as a member of the organisation and includes – (a) where the organisation is a company or corporation, a director; and (b) where the organisation is a trust, a trustee; and (c) any temporary, acting, or alternative member of the organisation; "Ministry" includes – (a) a Ministry including a department of the Government of the Cook Islands set out in Schedule 1 to this Act; (b) a Ministry or department established after the coming into force of this Act, whether by statute or decision of the Executive branch of the Government of the Cook Islands unless, in the statute or decision establishing the Ministry or department, it is specifically excluded from the operation of this Act; "Official Information" (a) means any information held by – (i) a Ministry; or (ii) a Minister of the Crown in his or her official capacity; or (iii) an organisation; and (b) includes any information held outside the Cook Islands by any branch or post of – (i) a Ministry; or (ii) an organisation; and (c) in relation to information held by the Ministry of Justice, includes information held by the Rules Committee established by section 102 of the Judicature Act 1980-81; and (d) in relation to information held by the University of the South Pacific, includes only information held by – (i) any full-time member of the academic staff of the University in the Cook Islands; or (ii) any other full-time officer or employee of the University in the Cook Islands; or (iii) any examiner, assessor, or moderator in the Cook Islands in any subject or examination taught or conducted by the University in the Cook Islands; but (e) does not include information contained in – (i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) material placed in the National Library by or on behalf of persons other than Ministers of the Crown in their official capacity or Ministries; and (f) does not include information which is held by a Ministry, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a Ministry or a Minister of the Crown in his or her official capacity or an organisation; and (g) does not include evidence given or submissions made to - (i) a commission of inquiry appointed by an Order in Executive Council made under the Commissions of Inquiry Act 1966; or (ii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed pursuant to, and not by, any provision of an Act to inquire into a specified matter; and (h) does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsman and any Ministry or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsman Act 1984, other than information that came into existence before the commencement of that investigation; "Ombudsman" means the Ombudsman holding office under the Ombudsman Act 1984. | Art. 2 definition of Official Information includes all ministries. Schedules contain a fairly long list of associated departments - therefore they received full points. Excluded are commissions of inquiry (2(6)(c) and (d)). |
| Czech Republic | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions." | Archives are excluded, there is an archive law. |
| Denmark | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Chapter 1, Section 1; "This Act shall apply to all activity exercised by public administrative authorities, but see also Sections 2 and 3." Article 5, Section 2 : "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, <...>". | All Public bodies are included in the Chapter 1, Section 1, which provides: "This Act shall apply to all activity exercised by the public administrative authorities, <...>". Archives are not included under the scope. |
| Ethiopia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Art 2(5) "Public Body" means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states. Article 69 in the Constitution: "The President of the Federal Democratic Republic of Ethiopia is the Head of State." Article 72 in the Constitution: "The Powers of the Executive 1. The Highest executive powers of the Federal Government are vested in the Prime Minister and in the Council of Ministers. 2. The Prime Minister and the Council of Ministers are responsible to the House of Peoples' Representatives. In the exercise of State functions, members of the Council of Ministers are collectively responsible for all decisions they make as a body. 3. Unless otherwise provided in this Constitution the term of office of the Prime Minister is for the duration of the mandate of the House of Peoples' Representatives." 24: "The public relation officer shall not permit any request for an access to a cabinet record or a request to conform the existence or non existence of information contained in a cabinet record other than those records that are made available to the general public by the decision of the cabinet . 2/ Without prejudice to sub article (1) of this Article, a cabinet document shall include: a) a record that has been submitted to the cabinet for its consideration or is proposed by a head of the public body to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the cabinet; b) an official document of a cabinet; c) a document that is a copy of, or a part of, or contains an extract from, the document referred to in sub-article (a) or (b); or d) a record the disclosure of which would involve the disclosure of any deliberation or decision of cabinet, or its committee other than a document by which a decision of the cabinet was officially published. | Art 2(5) seems to cover the entire government, as well as local governments and any body established under law or the constitution. Const Art 69 and 72 create the executive. However, Article 24 excludes Cabinet Documents and Information. |
| Guinea | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 1. - Organismes: Les administrations et institutions publiques ou privées chargées de missions de service public ou bénéficiant de financement, de subvention ou d'actifs de l'Etat pour l'accomplissement de ces missions. 4. Sont considérés comme documents administratifs communicables ... les documents ... détenus par l'Etat, les collectivités territoriales ainsi que par les autres personnes de droit public ou les personnes de droit privé chargées de la gestion d'un service public, dans le cadre de leur mission de service public. Sont dénommés « organismes » soumis aux dispositions de la présente Loi: - la Présidence de la République et ses organismes ;- la Primature et ses organismes ; - les ministères et Secrétariats Généraux, les différents organismes sous tutelle à l'intérieur ou à l'étranger;- les entreprises, les établissements publics, et leurs représentations à l'étranger ;- les organismes publics locaux et régionaux ;- les collectivités locales ;- les Autorités Administratives Indépendantes ;- les Autorités de régulation ;- les personnes de droit privé chargées de gestion d'un service public; - les organisations et les associations et tous les organismes bénéficiant d'un financement public. 5. Ne sont pas considérés comme documents administratifs communicables au sens de la présente loi, les actes et documents élaborés ou détenus par les assemblées parlementairés, les documents de la Cour des comptes et de la Cour Constitutionnelle, les documents d'instruction des réclamations addressées au Médiateur de la République, les documents relatifs aux affaires judiciares en cours d'instruction, les documents classifiés par l'Etat conformément à la règlementation en vigueur sur las archives. | Point lost since it is not entirely clear that all bodies that are owned or controlled by public authorities are covered. |
| Ireland | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Article 6(1) outlines a broad definition of a public authority. | While the definition of public authority is broad, the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. |
| Japan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 2 (Definitions) 1. For the purposes of this law "administrative organ" refers to the following organs. (1) Organs within the Cabinet or organs under the jurisdiction of the Cabinet that were established pursuant to law. (2) Organs established as administrative organs of the State as provided for in Article 3, paragraph 2 of the National Government Organization Law (Law No. 120 of 1948). (Provided that the organ is one in which an organ designated by the Cabinet Order referred to in the next subparagraph is established, the organ designated by the Cabinet Order is excluded.) (3) Facilities and other organs under Article 8, paragraph 2 of the National Government Organization Law, and extraordinary organs under Article 8, paragraph 3 of the same law, that are designated by Cabinet Order. (4) The Board of Audit | Organs within the cabinet or organs subject to cabinet authority. Article 2 definition. Article 3(2) of the "national government organization law" includes ministries and agencies, as well as any subsidiary bodies they establish, but that's the extent of the scope. The archives are also not covered. There are no specific exclusions. Local contacts tell us that 1786 out of 1788 local governments have their own access to information rules. |
| Kosovo | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 3(1.1) Public Institutions – shall mean the following state institutions and bodies: (1.1.1) Government and administration at central and local level; (1.1.2) Natural or legal persons, if and only in relation to the extent they exercise administrative authority or powers, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo. | Not clear if all parts of executive bodies or executive-controlled/owned bodies are covered, if those parts do not directly exercise admin authority, public functions, or operate by public funds. |
| Luxembourg | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | A1: Les personnes physiques et les personnes morales ont un droit d’accès aux documents détenus par les administrations et services de l’État, les communes, les syndicats de communes, les établissements publics placés sous la tutelle de l’État ou sous la surveillance des communes ainsi que les personnes morales fournissant des services publics, dans la mesure où les documents sont relatifs à l’exercice d’une activité administrative. Elles ont également accès aux documents détenus par la Chambre des Députés, le Conseil d’État, le Médiateur, la Cour des comptes et les Chambres professionnelles, qui sont relatifs à l’exercice d’une activité administrative. 5(1): Le dépôt aux Archives nationales des documents accessibles aux termes de la présente loi ne fait pas obstacle au droit à communication. | Seems pretty comprehensive but not clear that head of state is covered. |
| Maldives | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 72(f) “State Institute” shall include the executive, the legislative the judiciary, independent institutions, independent institutes, security services and councils elected under the Constitution. Also included are those bodies party to any State responsibilities, those functioning under the State budget and those receiving assistance from the State budget; | Does not extend to all bodies owned or controlled by government, although some of these may be considered "independent institutes". |
| Moldova | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 5. Subjects of the present law (2) Information providers, that is holders of official information required under the present law to provide such information to applicants, are: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities; b) local and central public institutions - organizations founded by the state represented by public authorities that are financed by the state budget, who are responsible for activities of administration, those in social-cultural domains or other non-commercial activities; c) individuals and legal entities that, under the law or contract with public authorities, are empowered to provide some public services and to collect, select, preserve and hold official information, including data with private character. 9 Access to information stored in the Archives of the Republic of Moldova (1) Access to information stored in the State Archive Fund of the Republic of Moldova is regulated by the Law on the Archive Fund of the Republic of Moldova and by the present law. (2) In cases of discrepancies between the provisions of the present law and of the Law on the Archive Fund of the Republic of Moldova, priority will be given to the provisions of the present law. | Seems fairly comprehensive but not clear all bodies that are owned or controlled by public authorities are covered. Archives are also included. |
| Nigeria | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 2(7) Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions. 26 This Act does not apply to- (a) published material or material available for purchase by the public; (b) Library or museum material made or acquired and preserved solely for public reference or exhibition purposes; or (c) material placed in the National Library, the National Museum or the non-public section of the National Archives of the Federal Republic of Nigeria on behalf of any person or organization other than a government and/or public institution. | S. 2(7) mentions the entire executive, and all other agencies of government. But s. 26 partially excludes the archives. Though this is mainly applied to material held in safe keeping that relates to third parties, they still use a point because they were overly broad excluding it as a class, rather than relying on an exclusion for personal information. |
| Norway | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 2 Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" | Not specifically mentioned, and no mention about archives (1 point deducted. |
| Philippines | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 2: Coverage: This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order. | |
| Poland | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. | The article contains the principle by which all the public authorities are included under the scope of the act, and the mention of some of them in particular. No mention about archives but they are accessible on the grounds of a different legal act. |
| Portugal | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Art 4.1: The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority. Article 2.5: Access to documents kept by notaries public or in official registries, to civil and criminal identification documents, and to documents deposited in historical archives shall be governed by specific legislation. | Article 4.1 is very broad, however, Article Art 2.5 excludes "documents deposited in historical archives" which "shall be governed by specific legislation", so this is taken as an exclusion of the archives and 1 point is deducted. |
| Sri Lanka | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 43. In this Act, unless the context otherwise requires public authority means (a) a Ministry of the Government; (b) any body or office created or established by or under the Constitution, any written law, other than the Companies Act No. 7 of 2007, except to the extent specified in paragraph (e), or a statute of a Provincial Council; (c) a Government Department; ... (f) a local authority; ... (h) any department or other authority or institution established or created by a Provincial Council; ... (j) higher educational institutions including private universities and professional institutions which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council | Not entirely clear that all bodies created by public bodies are covered |
| Turkey | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...]" | All bodies seems to be included. Archives not mentioned (1 point loss). |
| United Kingdom | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Schedule 1 /Section 32: "(1) Information held by a public authority is exempt information Court records, etc. if it is held only by virtue of being contained in-- (a) any document filed with, or otherwise placed in the custody of, a court for the purposes of proceedings in a particular cause or matter, (b) any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter, or (c) any document created by-- (i) a court, or (ii) a member of the administrative staff of a court, for the purposes of proceedings in a particular cause or matter. <...> (4) In this section-- (a) "court" includes any tribunal or body exercising the judicial power of the State, (b) "proceedings in a particular cause or matter" includes any inquest or post-mortem examination, (c) "inquiry" means any inquiry or hearing held under any provision contained in, or made under, an enactment, and (d) except in relation to Scotland, "arbitration" means any arbitration to which Part I of the Arbitration Act 1996 applies." | Part of the information that handles some particular bodies are excluded from the scope (listed in Part II, "exempt information") There is a list with the bodies included under the scope of the Act. Bodies related to security matters are excluded (1 point loss). Expert says: The National Archives is in fact subject to the Act. Its not listed by name in the Act's Schedule, which I believe is because it is technically a government department. Requests about administrative or financial matters relating to the courts are subject to the Act, including conflicts of interest by judges, disciplinary action taken against judges, guidance issued to the courts, court facilities, etc. |
| United States | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 7(f)(1) includes all executive departments, but not local or state governments (this does not cost them points because it's an issue with the USA's federal system). Includes "any other establishment" by the executive branch, including the archives. Minus 1 point because the central offices of the White house are exempted. | |
| Vanuatu | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 3. Government agency includes: (a) the State; and (b) the Government; and (c) a Constitutional entity; and (d) any other Government agency that is prescribed by the Minister under subsection 2(4); | This provision is a little bit difficult to interpret, but in the absence of exclusions seems to apply to most of the Executive. |
| Andorra | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Article 3. Subjective scope 1. The provisions of Title II shall apply to: a) The General Administration and the bodies under its direction. b) The commons and the bodies that depend on them. c) The General Council, the Constitutional Court, the Superior Council of Justice, the Citizen's Accountant, and the Court of Auditors, in relation to its activities subject to administrative law. d) Public bodies and parapublic entities, in relation to their activities subject to law administrative and excluding professional associations, which are governed by their own regulations. e) The associative and foundational entities created by the General Administration or by the commons. f) Public companies, whether general or communal, when the participation of the Administration in theirs capital is majority or sufficient to control it. Article 3. Àmbit d’aplicació subjectiva 1. Les disposicions del Títol II són d’aplicació a: a) L’Administració general i els òrgans que estan sota la seva direcció. b) Els comuns i els òrgans que en depenen. c) El Consell General, el Tribunal Constitucional, el Consell Superior de la Justícia, el Raonador del Ciutadà, i el Tribunal de Comptes, en relació amb les seves activitats subjectes a dret administratiu. d) Els organismes públics i les entitats parapúbliques, en relació amb les seves activitats subjectes a dret administratiu i amb exclusió dels col·legis professionals, que es regeixen per la seva pròpia normativa. e) Les entitats associatives i fundacionals creades per l’Administració general o pels comuns. f) Les societats públiques, siguin generals o comunals, quan la participació de l’Administració en el seu capital sigui majoritària o suficient per tenir-ne el control. | |
| Armenia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 1(2) This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials. 3 Main concepts used in the following law include: Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. | There could be some bodies which are not funded but are controlled by the State that are not covered |
| Bolivia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 2. The present Supreme Decree is applied in the scope of the Executive Power both centrally and decentralized, autonomous and decentralized; State companies and companies and companies with majority State participation. When the State does not have the majority participation, this Supreme Decree will be applied to the public or private servants that represent it, within the framework of its functions and competences. | Applies broadly to the executive branch which includes all ministries and their autonomous and decentralised entities. Not clear about head of State or whether all subordinate bodies are covered. |
| China | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 3 All levels of people's government shall improve the organizational leadership of open government information efforts. . . 10 . . . Where remote or internal bodies established by administrative organs perform administrative management functions to the public in their own name in accordance with laws and regulations, the remote or internal bodies may be responsible for performing open government information work related to the administrative management functions they perform. 27 In addition to the government information proactively disclosed by administrative organs; citizens, legal persons, or other organizations may apply to obtain relevant government information to local people's governments at all levels, or the departments of people's governments at the county level or above that perform administrative management functions in their own name (including remote and internal bodies provided for in paragraph 2 of article 10 of this regulation). 54 These Regulations apply to open government information activities of organizations that are authorized by laws or regulations to have public affairs management functions. 55 Follow the relevant laws, regulations, and provisions of the competent State Council departments or bodies to implement disclosure of information produced or obtained by public enterprise or public institution units in the course of providing social public services in areas closely linked to the people's interests, such as education, health, water, electricity, gas, heat, environmental protection, and public transport. The competent departments for open government information work for the entire nation are to draft special provisions as required by actual conditions. | Language is not very clear and it is not clear if all non-statutory bodies or Head of State are covered. Archives are not mentioned. |
| Kyrgyzstan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 3.The following basic concepts are used in this Law:...(9) public sector - state bodies, local self-government bodies, state and municipal institutions and enterprises operating on the principles of operational management, economic management and/or self-financing, as well as other legal entities with state or municipal participation. 11.1. For the purposes of this Law, public sector entities ... shall be recognized as information holders. | 3 Seems fairly comprehensive, but it is a bit unclear what "legal entities with state or municipal participation" means and if this covers all bodies which are owned and controlled by public bodies. |
| Monaco | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | A2: Toute décision administrative prise par le Ministre d’État ou par toute autre autorité relevant des services exécutifs au sens de l’article 44 de la Constitution peut faire l’objet d’un recours administratif préalable. A22: Toute personne physique ou morale peut adresser à une autorité administrative mentionnée à l’article 2 une demande en vue de consulter un document administratif détenu par cette autorité et n’ayant pas donné lieu à une publication au Journal de Monaco , ni fait l’objet d’une diffusion publique par tout moyen, y compris électronique. Constitution: A44. - Le Ministre d'Etat représente le Prince. Il exerce la direction des services exécutifs. Il dispose de la force publique. Il préside, avec voix prépondérante, le Conseil de Gouvernement. | This is really not clear, for example as to how far it covers arms length bodies. |
| Palau | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 4(3) "Governing body" means any government entity created under the Constitution of the Republic, by treaty, by law, by regulation, or by executive order, including quasi-government entities, such as, for example, Palau Public Utilities Corporation, Palau National Communications Corporation, National Development Bank of Palau, and any subdivisions of a government entity or quasi-government entity. | Refers to bodies created by law, regulation or executive order but it is not clear whether bodies could be created in other ways. Only refers specifically to a few quasi-government entities. |
| Qatar | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | مادة 2: تسري أحكام هذا القـانـون على الجهـات التالية (1) الوزارات والأجهزة الحكومية الأخرى والهيئات والمؤسسات العامة والجهات التابعة لأي منها 2. The provisions of this law apply to the following entities: (2)...Ministries, other government agencies, public bodies and institutions, and entities affiliated with any of them |
It seems like this would cover the whole executive. The Amiri Diwan is not explicitly listed, but benefit of the doubt is given that it would be considered a public body or institution. It is not entirely clear that all bodies which are owned or controlled by the executive would be covered though. |
| Saudi Arabia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 2. Public Entity: Any government or affiliated organization that manages, operates or maintains a public function or operates or maintains any elements of national infrastructure or provides a public service. 7.1 This Interim Regulation applies to all requests coming from any individual to access or obtain public information – unprotected – produced or held by public entities, regardless of the source, form or nature. The following information should be considered as protected, and should not be disclosed: 2. Military and security information; | While the definition of public entity is broad, it is not clear that all authorities which are owned or controlled by other public authorities are covered. "military and security information", which would apply to all information about the armed forces, is excluded as the Regulation only covers "unprotected" public information and this information is "protected". |
| Slovakia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" Section 5 Section 22 \"(1) Unless otherwise stipulated herein, general regulations on administrative proceedings shall apply to the proceedings under this Act. (2) Disclosure of information from state archives shall be governed by a special regulation.\" | All public bodies seems to be covered under this provision. I´ve deducted 1 point because of no mentioning the archives. Another point for archives not included. |
| South Africa | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 1. ‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; 12. This Act does not apply to a record of— (a) the Cabinet and its committees;... or (c) an individual member of Parliament or of a provincial legislature in that capacity. | Excludes Cabinet and members of parliament and not clear that it covers all subordinate bodies |
| Spain | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Artículo 2. Ámbito subjetivo de aplicación. 1. Las disposiciones de este título se aplicarán a: a) La Administración General del Estado, las Administraciones de las Comunidades Autónomas y de las Ciudades de Ceuta y Melilla y las entidades que integran la Administración Local. b) Las entidades gestoras y los servicios comunes de la Seguridad Social así como las mutuas de accidentes de trabajo y enfermedades profesionales colaboradoras de la Seguridad Social. c) Los organismos autónomos, las Agencias Estatales, las entidades públicas empresariales y las entidades de Derecho Público que, con independencia funcional o con una especial autonomía reconocida por la Ley, tengan atribuidas funciones de regulación o supervisión de carácter externo sobre un determinado sector o actividad. d) Las entidades de Derecho Público con personalidad jurídica propia, vinculadas a cualquiera de las Administraciones Públicas o dependientes de ellas, incluidas las Universidades públicas. | La ley no alcanza la puntuación máxima porque el Gobierno queda excluido del ambito de aplicación, y todo ello, sin exponer como mínimo un motivo aparente. Esta exclusión impide que se pueda solicitar información sobre el Presidente, el Vicepresidente o Vicepresidentes y, los Ministros. Excluyendo de esta manera los asuntos tratados en los Consejos de Ministros y las Comisiones Delegadas del Gobierno. |
| Switzerland | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. 2 This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority. " | This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority (2 points loss). The Federal Council shall be authorized to exclude other departments of the Federal Administration, as well as other public and private bodies outside the Federal Administration from the scope of the act. |
| Tanzania | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Section 2(1) This Act shall apply to Mainland Tanzania. (2) Without prejudice to the provisions of subsection (1), this Act shall apply to: (a) public authorities Section 3: "public authority" means any authority established by or under the Constitution, an Act of Parliament, recognized under any written law as a form of public office or forms part of any level of government; | Only appears to cover statutory bodies and not other bodies which may be created by ministries to do their work for them. Does apply to all levels of government. Is restricted to Mainland Tanzania. |
| Trinidad and Tobago | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 4. In this Act - "applicant" means a person who has made a request in accordance with section 13; "designated officer", in relation to a public authority, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capable of being produced from a machine-readable record by means of equipment or a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in Part IV; "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created by that authority, and whether or not it was created before the commencement of this Act and, for the purposes of this definition, a document is held by a public authority if it is in its possession, custody or power; "personal information" means information about an individual, including - (a) information relating to the race, national or ethnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individual except where they relate to another individual; (f) correspondence sent to a public authority by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the individual; and (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; "prescribed" means prescribed by the Minister by regulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliament or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, the High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) the Tobago House of Assembly, the Executive Council of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the Municipal Corporations Act, 1990; (g) a regional health authority established under the Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is assigned to a Minster of Government; (i) a company incorporated under the laws of the Republic of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Constitution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the President's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, by Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public authority means - (a) the Minister of Government to whom responsibility for the public authority is assigned; or (b) such Minister of Government as the President may, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House of Assembly established under the Constitution. | S. 4 definitions include cabinet, ministries and their divisions or departments, and municipal governments, state controlled or established companies or bodies corporate and statutory bodies. Does not apply to the president (minus 1) or presidential commissions (minus 1). |
| Uzbekistan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 3. holder of information – a juridical or physical person, who possesses, uses, and dispose information strictly and whose rights to this unlimited to the rights set by the legislation or by the owner of information; 8(2) State and administration bodies, self-governance bodies, social associations, and other non-state non-for-profit organizations, and public officials shall be obliged, in accordance with the procedure established by the legislation, to provide each individual with an opportunity of getting familiar with the information that involves his rights, freedoms, and legitimate interests; | 3 defines "holder of information" very broadly but then this is more limited in 8(2), which appears to be the operative rule for requests. Not clear if this extends to the head of state and all bodies created by the executive. |
| Venezuela | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 4. Los órganos y entes del Poder Público Nacional, Estadal y Municipal, así como las organizaciones del Poder Popular cuando actúen en función administrativa o cuando presten un servicio público, tienen la obligación de garantizar el acceso a la información de interés público a todas las personas interesadas, de conformidad con la Constitución de la República Bolivariana de Venezuela y la ley. | "órganos y entes del Poder Público" laid out in Constitution and include the various executive bodies. Not clear whether bodies which are owned or controlled by executive bodies are also covered. |
| Vietnam | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Article 9. The scope and responsibility to provide information 1. State agencies creating information shall be responsible for information provision, except for the cases regulated in Article 6 of this Law; for the cases regulated in Article 7 of this Law, information shall be provided when all conditions in accordance with the provisions of the law are met. Commune People’s Committee shall be responsible for providing information it has created or received to perform its functions, tasks and power, except for the cases regulated in Article 6 of this Law; for the cases regulated in Article 7 of this Law, information shall be provided when all conditions in accordance with the provisions of the law are met. 2. State agencies directly organize the provision of information, except for the following cases: a) The Office of the National Assembly shall provide information created by the National Assembly and its bodies, Standing Committee of National Assembly’s bodies, National Election Council or the Office of the National Assembly and information created by itself; b) The Office of the State President shall provide information created by the State President and information created by itself; c) The Office of the Government shall provide information created by the Government, the Prime Minister and information created by itself; d) Offices of the National Assembly Delegations shall provide information created by the National Assembly Delegations and information created by themselves; đ) Offices of People’s Councils of provinces and cities directly under the central management (hereinafter referred to as provincial level) shall provide information created by the People’s Councils, the Standing People’s Councils, departments of People’s Council or Offices of People’s Councils and information created by themselves; e) Offices of People’s Committees of provinces and cities directly under the central management shall provide information created by People’s Committees, the Chairman of People’s Committees and information created by themselves; g) Offices of People’s Councils and People’s Committees of districts, towns, provincial cities shall provide information created by People’s Councils, the Standing People’s Councils, People’s Committees, departments of People’s Council, People’s Committees, the Chairman of People’s Committees and information created by themselves; h) Commune People's Committees shall have the responsibility to provide citizens residing in localities with information created by themselves or by other agencies at the same level, or received by themselves to perform their functions, tasks and power; provided other citizens with such information in case the information directly relates to their rights and legitimate interests; i) Minister of Ministry of Defense, Minister of Ministry of Public Security appoint the focal point for provision of information in their organizations. | There is no proper defiintion of public bodies. Instead, there is a list of which bodies are responsible for providing information on behalf of other bodies, so a sort of indirect way. Very difficult to assess exactly which executive bodies are covered because it just says State agencies are responsible for themselves. The President is included. Archives not mentioned. Not clear how far it extends to bodies created by ministries. |
| Zambia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | Public Finance Management Act, No. 1 of 2018 (https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Finance%20Management%20ACT%202018.pdf), s. 2 “public body” means the Government, any Ministry or department of the Government, the National Assembly, the Judicature, a local authority, parastatal, Commission or other body appointed by the Government or established by or under, any law, except a professional association or body and “public bodies” shall be construed accordingly. | |
| Bahamas | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities, but this paragraph shall not be read so as to allow access to records containing information that may not be disclosed under— (i) section 38 of the Central Bank of the Bahaas Act (Ch. 351); (ii) section 28 of the Securities Industry Act 2011 (No. 10 of 2011); (iii) section 74 of the Insurance Act (Ch. 368); (iv) section 45 of the Financial Transaction Reporting Act (Ch. 368), and any other body or class of information, provided for in legislation, which the Minister may, by order, specify; and (b) records, regardless of the date when they were created (2) The Minister may, by order, after consulting the Commissioner, consult any entity concerned where he considers such consultation appropriate, declare that this Act shall apply to – (a) such companies, in addition to those specified in paragraph (c)(i) of the definition of “public authority”, as may be specified in the order; (b) any other body or organisation which provides services of a public nature which are essential to the welfare of the Bahamian society, or to such aspects of their operations as may be specified in the order; (c) any other body or organization which receives government appropriation on a regular basis. (3) An order under subsection (2) shall be subject to affirmative resolution of both Houses of Parliament. (4) The Minister may, in an order made in accordance with subsection (2), declare that the application of this Act in relation to any public corporation specified in paragraph (c)(i) of the definition of “public authority” shall be subject to such exceptions, adaptations or modifications as the minister may consider appropriate. (5) This act applies to the records of an administrative nature held in a registry or other office of a court. (6) This Act does not apply to ... (b) the security or intelligence services (as defined in subsection (7)) in relation to their strategic intelligence gathering activities or operational intelligence gathering activities; (c) such statutory body or authority as the Minister, after consultation with the Commisserion and upon affirmative resolution of both Houses of Parliament, may specify by order; (7) For the purposes of subsectio (6)(c), "security or intelligence services " includes- (a) the Royal Bahamas Police Force; (b) the Royal Bahamas Defence Force; (c) the Department of Customs; (d) the Department of Immigration; (e) the Financial Intelligence Unit; and (f) any other statutory body or authority which the Minister, in consultation with the Minister responsible for National Security, may by order designate. | Does not appear to extend to non-statutory bodies, a range of bodies are excluded for important parts of their work and the Minister may further exclude other bodies. |
| Bangladesh | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 2(b) “Authority” means⎯ (i) any organization constituted in accordance with the Constitution of the People’s Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People’s Republic of Bangladesh; (iii) any statutory body or institution established by or under any Act; (iv) any private organization or institution run by government financing or with aid in grant from the government fund; (v) any private organization or institution run by foreign aid in grant; (vi) any organization or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organization or institution; or (vii) any organization or institution as may be notified in the official Gazette from time to time by the Government; Constitution Art 48: The President "(1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. (2) The President shall, as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law. (3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister: Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court. (4) A person shall not be qualified for election as President if he – (a) is less than thirty five years of age; or (b) is not qualified for election as a member of Parliament; or (c) has been removed from the office of President by impeachment under this Constitution. (5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it." Constitution Article 55: The Cabinet. "(1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate. (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister. (3) The Cabinet shall be collectively responsible to Parliament. (4) All executive actions of the Government shall be expressed to be taken in the name of the President. (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested of authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. (6) The President shall make rules for the allocation and transaction of the business of the Government." Constitution Article 56: Minister. "(1) There shall be Prime Minister, and such other Ministers, Ministers of State and Deputy Ministers as may be determined by the Prime Minister. (2) The appointments of the Prime Minister and other Ministers and of the Ministers of State and Deputy Ministers, shall be made by the President: Provided that not less than nine-tenths of their number shall be appointed from among members of Parliament and not more than one-tenth of their number maybe chosen from among persons qualified for election as members of Parliament. (3) The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. (4) If occasion arises for making any appointment under clause (2) of clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as counting to be such members." Constitution Article 59: Local Government "(1) Local Government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law. (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to- (a) Administration and the work of public officers; (b) the maintenance of public order; the preparation and implementation of plans relating to public services and economic development. 32. Inapplicability of this Act in case of certain organizations and institutions.⎯(1) Notwithstanding anything contained in any provisions of this Act, this Act shall not apply to the organizations and institutions which are involved in state security and intelligence mentioned in the Schedule. (2) Notwithstanding anything contained in sub-section (1), this section shall not apply to such information that are pertaining to corruption and violation of human rights in the above-mentioned organizations and institutions. (3) On receipt of any request for information under sub-section (2), the concerned organization or institution shall, subject to the approval of the Information Commission, provide the applicant with the requested information within 30 (thirty) days from the date of receipt of such request. (4) The Government if necessary may, in consultation with the Information Commission, amend the Schedule increasing or decreasing the number of organizations and institutions mentioned in the Schedule by a notification published in the official Gazette from time to time. | Art 2(b) includes any body established by the constitution. Constitution Art 48 establishes the presidency. Const Art 55 establishes the cabinet. Const Art 56 establishes prime minister. Const Art 59 establishes local government institutions. The law also includes any body established under any other act or ordinance or receiving public funding or serving a public purpose - so this covers the archives and local institutions. Art 32 - general exemption for security organizations, intelligence organizations, and police: minus 3. |
| Canada | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 68 This Part does not apply to (a) published material, other than material published under Part 2, or material available for purchase by the public; (b) library or museum material preserved solely for public reference or exhibition purposes; or (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. 69(1) This Act does not apply to confidences of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing, (a) memoranda the purpose of which is to present proposals or recommendations to Council; (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) agenda of Council or records recording deliberations or decisions of Council; (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); (f) draft legislation; and (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a)to (f). (2)For the purposes of subsection (1), Council means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet. (3) Subsection (1) does not apply to (a) confidences of the Queen's Privy Council for Canada that have been in existence for more than twenty years; or (b) discussion papers described in paragraph (1)(b) (i) if the decisions to which the discussion papers relate have been made public, or (ii) where the decisions have not been made public, if four years have passed since the decisions were made | 69 - Does not apply to Cabinet or the PM, and only applies to affiliated agencies that are listed in the act. Applies to the Archives, unless the information was not placed in there by a government institution (68). Does not apply to provincial gov'ts, but they do not lose a point for that as it is a consequence of Canada's division of powers, plus the provinces have their own access laws. |
| Iceland | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. Article 2. This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probateor other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorize more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act. | Does not expressly exclude any government bodies, but does exclude types of information eg. Enforcement proceedings, investigations in criminal cases etc. |
| India | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Article 1(2) It extends to the whole of India except the State of Jammu and Kashmir. Schedule 2: Intelligence and security organisation established by the Central Government: 1. Intelligence Bureau. 2. Research and Analysis Wing of the Cabinet Secretariat. 3. Directorate of Revenue Intelligence. 4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement. 6. Narcotics Control Bureau. 7. Aviation Research Centre. 8. Special Prontier Force. 9. Border Security Force. 10. Central Reserve Police Force. 11. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 15. Special Service Bureau. 16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch - C.I.D.- CB, Dadra and Nagar Haveli. 18. Special Branch, Lakshadweep Police. | Article 1(h) includes everything. Jammu and Kashmir are exempted, but this is due to India's constitution and, anyway, they have their own law so no deduction for that. However, Schedule 2 exempts intelligence and security organizations, as well as other research and economic entities, so they lose 3 points for that. |
| Israel | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 14(4) The stipulations of this law shall not apply to information given by the public authority to the State Archives, under the Archives Law (5715-1955). | Presidency and government ministries are covered along with their supporting agencies, as are local authorities. 14(4) - doesn't apply to the archives, though access to archives material is governed under separate legislation (Archives Law). 14(1)(1) - blanket exemption for the armed forces and intelligence services. 14(1)(6) - blanket exemption for the Atomic Energy Agency. 14(1)(11) - Blanket exemption for Israeli prisons.material is governed under separate legislation (Archives Law). |
| Ivory Coast | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 1. Au sens de la présente loi, on entend par :… Organismes publics : • l’Etat et ses démembrements ; • les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur ; • les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. |
Not clear. |
| Jamaica | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Article 5(1) Subject to subsection (2), this Act applies - [...] (6) This Act shall not apply to - (a) the Governor-General, in relation to the exercise of the powers and duties conferred or imposed on him by or under the Constitution of Jamaica or under any other law; (b) the judicial functions of - (i) a court; (ii) the holder of a judicial office or other office connected with a court; (c) the security or intelligence services in relation to their strategic or operational intelligence gathering activities; (d) any statutory body or authority as the Minister may specify by order subject to affirmative resolution [...] (8) In subsection (6) "security or intelligence services" means - (a) the Jamaica Constabulary Force; (b) the Island Special Constabulary Force; (c) the Rural Police; (d) the Jamaica Defence Force. | 5(6) and 5(8) - applies broadly to government institutions, but does not apply to Armed Forces, Police, or Governor General. |
| Kuwait | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Not clear whether head of State is covered or non-statutory bodies created by public authorities. |
| Liechtenstein | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Article 2.2. | "a) Organe des Staates und der öffentlich-rechtlichen Anstalten und Stiftungen; b) Organe der Gemeinden und ihrer Körperschaften, die dem Gemeindegesetz unterstellt sind; c) private Personen sowie privatrechtliche Institutionen und Organisationen, soweit sie in Erfüllung der ihnen übertragenen öffentlichen Aufgaben tätig sind." Reserves specific legal regulations. |
| Mongolia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.1. Secretariat of the State Ikh Hural (Parliament); 3.1.2. Office of the President; 3.1.3. Government Cabinet; 3.1.4. Administrative office of the National Security Council; 3.1.5. State central administrative or other state administrative organizations; 3.1.6. Judiciary and prosecutor’s offices of all instances; 3.1.7. Institutions established by the State Ikh Hural with exception of the Government Cabinet; 3.1.8. Administrative offices of local municipal and self-governing bodies, local government owned or partial ownership legal entities; 3.1.9. State owned or partially owned legal entities; 3.1.10. Non-governmental organizations executing the particular functions of the executive branch in accordance with the 19.1, of Mongolian Law on Government and 3.1.11. Mongolian National Public Radio and Television organization. 3.2. This law shall not apply in ensuring transparency in operation of the armed forces, authority of border protection and intelligence organization. | president, cabinet, all state administrative organs, national security council, and local government entities - 5 points. Exclusions for the armed forces, border protection and intelligence organizations. |
| Morocco | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 2. Au sens de la présente loi, on entend par : (b) b) les institutions et les organismes concernés sont : — la Chambre des représentants ; — la Chambre des conseillers ; — les administrations publiques ; — les tribunaux ; — les collectivités territoriales ; — les établissements publics et toute personne morale de droit public ; — tout autre institution ou organisme de droit public ou privé investi de mission de service public ; — les institutions et les instances prévues au Titre XII de la Constitution. 18. En cas de refus, en tout ou en partie, de la demande d'accès à l'information, les institutions ou les organismes concernés doivent motiver leur réponse par écrit, notamment dans les cas suivants : … — si les informations demandées sont déposées auprès de l'institution « Archives du Maroc ». | Archives excluded, covers bodies with a public service mission and legal bodies, but not clear that Head of State is covered or all non-statutory bodies |
| Namibia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services. 2(2) This Act does not apply to - (a) information relating to - (i) proceedings and decisions of Cabinet and its committees; Schedule 1, 2 and 3 of Public Service Act (via s. 1 of that Act). | Loses 1 point for Cabinet and committees and 2 points because it does not appear to cover non-statutory bodies which are controlled but not owned by the State. |
| New Zealand | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | N/A | Applies to central government - use of "an organization" in the definition implies a very wide ambit. Local authorities are covered under LGOIMA. Does not apply to archives - but these are accessed through the Public Records Act. Does not apply to public trust or the Maori Trustee. Does not apply to Royal Commissions or Inquiries. Does not include some communications made by the Ombudsman. Does not apply to communications between the Privacy Commissioner and the government. |
| South Korea | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: ... (ii) Central administrative agencies (including organizations under the control of the President and organizations under the control of the Prime Minister) and institutions affiliated thereto; (iii) Committees under the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies; (b) Local governments; (c) Public institutions under Article 2 of the Act on the Management of Public Institutions; (d) Other institutions prescribed by Presidential Decree. 4(3) This Act shall not apply to any information collected or prepared by agencies which take charge of information related to national security and security work for the purpose of analyzing information related to national security: Provided, That this shall not apply to preparation, provision, or disclosure of information lists under Article 8 (1). PD 2: “Institutions prescribed by Presidential Decree” under subparagraph 3 (d) of Article 2 of the Official Information Disclosure Act (hereinafter referred to as the “Act”) shall be institutions or organizations designated under the following subparagraphs: 1. Schools of various levels under the Early Childhood Education Act, the Elementary and Secondary Education Act, and the Higher Education Act, or other schools established pursuant to other Acts; ... 3. Institutions prescribed by Ordinance of local government, from among institutions falling under any of the following items: [LIST OMITTED] | Range of bodies excluded under 4(3) and also not clear that all bodies which are created or controlled are covered. |
| Sudan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Not clear about head of State, non-statutory bodies, archives. |
| Australia | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | 6A. Official Secretary to the Governor‑General (1) This Act does not apply to any request for access to a document of the Official Secretary to the Governor‑General unless the document relates to matters of an administrative nature. (2) For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor‑General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor‑General. 7. Exemption of certain persons and bodies (1) The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act. ...(2) The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them. Schedule 2 Part I—Exempt agencies Division 1 Aboriginal Land Councils and Land Trusts Auditor‑General Australian Secret Intelligence Service Australian Security Intelligence Organisation Australian Signals Directorate Inspector‑General of Intelligence and Security National Workplace Relations Consultative Council Office of National Intelligence Parliamentary Budget Office Parliamentary Budget Officer Schedule 2 Part I—Exempt agencies Division 2 Australian Geospatial‑Intelligence Organisation Defence Intelligence Organisation 13. Documents in certain institutions (1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being(...) d) in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia (otherwise than as a document relating to the administration of the National Archives of Australia)(...) | Applies to the PM and Cabinet and bodies created by law or order of the ministries. Does not apply to state governments - but this does not cost a point as it is a result of Australia's federal structure. 6A - does not apply to the governor general (head of state). 13(d) - does not apply to the archives - though there is separate legislation governing this, so keeps the point. Per Schedule 2, does not apply to intelligence agencies or defence agencies, the Auditor General, the Government Solicitor, National Workplace Relations Consultative Council, and the Aboriginal Land Councils and Land Trusts. |
| Fiji | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | Article 2. “public agency” means— (a) an office created by, or continued in existence under, the Constitution; (b) an office in respect of which the Constitution makes provision; (c) a commission established by, or continued in existence under, the Constitution or any written law; (d) a Government ministry, department, division or unit; (e) a disciplined force; (f) a court or tribunal established by, or continued in existence under, the Constitution or any written law; (g) a statutory authority; (h) a Government company; or (i) an office established by written law, but does not include a public agency that is exempted under section 21 from the provisions of this Act; [...] Article 21. (1) The Minister may, following consultation with the Commission, exempt a public agency from the provisions of this Act by notice in the Gazette and the exemption will take effect on the date prescribed in the notice. (2) The Minister may, following consultation with the Commission, revoke an exemption made under subsection (1) by notice in the Gazette and the revocation will take effect on the date prescribed in the notice. Article 44. Any information held by - (a) the National Archives of Fiji; (b) the Fiji Museum; (c) a library of a public agency; or (d) any other prescribed public agency, but that has been produced by a public agency other than those in paragraphs (a) to (d) are deemed to be held by the other public agency. Article 163(1) [of the Constitution] “disciplined force” means - (a) the Republic of Fiji Military Forces; (b) the Fiji Police Force; or (c) the Fiji Corrections Service; [...] | Covers all bodies created by law or statute or corporations which are 100% owned by the government but not subordinate bodies created in other ways. Also, the Minister may exclude bodies. Finally, the Archives and public museums and libraries are essentially excluded. |
| Germany | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | Section 1(1) Everyone is entitled to official information from the authorities of the Federal Government in accordance with the provisions of this Act. | |
| Ghana | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | 79 This Act does not apply to information held by the national archives, libraries and museums to which the public have access. 83(2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector. 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Archives, museums and libraries specifically excluded. No proper definition of "public institution" (only says includes private bodies in certain cases) and definition of "government" is vague, referring generally to the executive. |
| Greece | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | Article 5(1) Any interested party is entitled, by written application, to be informed of administrative documents. [...](3) The right under the previous paragraph is not applicable in cases when the document concerns the private or family life of a third party or if there is violation of confidentiality stipulated by special provisions. The competent administrative authority may refuse to satisfy this right if the document refers to the discussions of the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation. | The law grants the access to the documents "drawn up by public services". This definition may include all the central, regional and local administration but not the executive. It is on partially as the law does not include archives, the executive, and the Cabinet of Ministers. |
| Zimbabwe | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | This is very unclear. Covers all statutory bodies (and some provisions of the Law specifically refer to a "holder of a statutory office" but the definition in the Public Finance Management Act appears to be rather limited. S. 40(2)(f) gives the Commission the power to exempt "persons, organisations or institutions" from the scope of the Act, which is very unfortunate. |
| Guyana | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 3 | 14(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - [...](f) material placed in the archives of the Government of Guyana by or for a person or agency other than a public authority; [...] | 2 - public authority includes cabinet, ministries, local democratic organs, regional health authorities, statutory bodies assigned to a minister. But does not apply to the president. 4(2) also excludes the military, police, fire and prison services - costing them the max 3 points. 14(1)(f) exempts some archival information. |
| Malta | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 3 | Art. 2. "<...> "public authority" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to sub-article (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." | Excludes the information held by the Local Council and archives. Also excludes many other institutions and documents which access is regulated in other laws. |
| Benin | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 2 | N/A | Not explicitly mentioned. According to Article 90 the communications between members of government and the recommendations and analyses of ministerial committees cannot be disclosed if they are less than 6 months old. Similarly, the agendas and meeting deliberation briefs of the Council of Ministers cannot be disclosed if younger than 2 years old. This at least suggests some degree of applicability. |
| Tajikistan | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 0 | This is very difficult to judge - the Art 2 definition includes all public authorities and local authorities - but given the vagueness of this language it is impossible to conclusively assign points here. |
