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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Albania | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 applies to the judicial branch and any authority or public entity created by the Constitution or by law |
| Argentina | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | ARTÍCULO 7° — Ámbito de aplicación. Son sujetos obligados a brindar información pública: 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; | |
| Armenia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Azerbaijan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 9.1. The following are considered to be information owners: 9.1.1. state bodies and municipalities;… | Understood to be included within "State bodies" |
| Bangladesh | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 Article 94: Establishment of Supreme Court "(1) There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) comprising the Appeal late Division and the High Court Division. (2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division. (3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions." Constitution Article 95: Appointment of Judges "(1) The Chief Justice and other Judges shall be appointed by the President. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and- (a) has, for not less than ten years, been a advocate of the Supreme Court; or (b) has, for not less than ten years, held judicial office in the territory of Bangladesh; or (c) has such other qualifications as maybe prescribed by law for appointment as a Judge of the Supreme Court. (3) In this articles, "Supreme Court" includes: a Court which at any time before the commencement of the Second Proclamation (Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh." | Art 2(b) includes any body est by the constitution. Const Art 94 - 95 establishes judiciary. |
| Bosnia and Herzegovina | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled 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, the judicial branch is included. |
| Brazil | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Bulgaria | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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".(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. So these bodies are included. |
| Burkina Faso | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 | This would seem to cover the judiciary. |
| Colombia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Croatia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 of Croatia and local and regional units of government have separate or joint majority ownership rights; | Art.5.2. has a broad scope, so the judicial branch is included |
| Cyprus | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | "Article 4 (Public Authorities) 4 (β) η Βουλή των Αντιπροσώπων και η Δικαστική Υπηρεσία·" | |
| Czech Republic | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." | |
| Ecuador | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 - public entities. |
| El Salvador | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. |
| Ethiopia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 78 of the Constitution: " Independence of the Judiciary 1. An independent judiciary is established by this Constitution. 2. Supreme Federal judicial authority is vested in the Federal Supreme Court. The House of Peoples' Representatives may, by two-thirds majority vote, establish nationwide, or in some parts of the country only, the Federal High Court and First-Instance Courts it deems necessary. Unless decided in this manner, the jurisdictions of the Federal High Court and of the First-Instance Courts are hereby delegated to the State courts. 3. States shall establish State Supreme, High and First-Instance Courts. Particulars shall be determined by law. 4. Special or ad hoc courts which take judicial powers away form the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established. 5. Pursuant to sub-Article 5 of Article 34 the House of Peoples' Representatives and State Councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution. | 2(5) covers bodies created by the constitution. Constitution Art 78 creates the judiciary. |
| Fiji | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 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, | |
| Finland | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | [Principles of Openness] Article 4(1) For the purposes of this Act, authorities are defined as [...] (2) courts of law and the other bodies for the administration of the law [...] Article 6(1)(7) a court order or judgment enters the public domain from the moment it is handed down or when it is made available to the parties; [...] | No bodies are excluded from the scope of the Act. There are also provisions in the special laws relating to the judicial branch. |
| Gambia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 28. Public information shall be open except as provided in applicable legislation, or when openness expressly and inevitably undermines: [...] (b) the investigation of a criminal offence, if there is a reasonable presumption that the disclosure of such information will undermine the identification of confidential sources of law-enforcement or intelligence agencies, interfere with the prevention, detection and elimination of an offence and prosecution of an offender, or endanger life and physical safety of any person or violate a suspect's or defendant's right to the secrecy of investigation, except when the decree regarding their search was issued. | Not stated in a clear way, but can be inferred by the spirit of the law that the right of access applies to the judicial branch. |
| Guatemala | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Artículo 6. [...] (3) Organismo Judicial y todas las dependencias que lo integran; [...] (5) Corte de Constitucionalidad; [...]. | |
| Honduras | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| India | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 2(e) "competent authority" means (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; (ii) the Chief Justice of India in the case of the Supreme Court; (iii) the Chief Justice of the High Court in the case of a High Court; (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; (v) the administrator appointed under article 239 of the Constitution; [...] Article 2(h) "public authority" means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; [...] | |
| Indonesia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch as a whole. |
| Iran | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Jordan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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] Article 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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; <...>". | |
| Liberia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. |
| Maldives | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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; | |
| Mexico | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Moldova | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | Judicial authorities are included. |
| Mongolia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.6. Judiciary and prosecutor’s offices of all instances; | |
| Montenegro | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 4: "3) A 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;" | |
| Morocco | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2. Au sens de la présente loi, on entend par : (b) les institutions et les organismes concernés sont : ... — les tribunaux ; — les collectivités territoriales ; | |
| Nepal | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, | Covers the courts |
| Nicaragua | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| Nigeria | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | |
| North Macedonia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(ix)(e) any court, tribunal, commission or board under the Federal law | |
| Panama | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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.(...) | |
| Paraguay | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 2. definitions. For the purposes of this Act, shall be construed as: 1 Public sources: Are the following organisms: … (c) The judiciary, the Judicial Council, the Prosecution Panel of Judges, prosecutors and the Electoral Courts; | |
| Peru | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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: ...3. El Poder Judicial; 4. Los Gobiernos Regionales; 5. Los Gobiernos Locales; 6. Los Organismos a los que la Constitución Política del Perú y las leyes confi eren autonomía. (...) | Article 2, which refers to General Administrative Procedural Law #27444, Article I, which can be located (in Spanish) here |
| Poland | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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,[...]. | |
| Republic of Belarus | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 22. Means of dissemination and (or) provision of publicly accessible information by a state body Peculiarities of providing publicly accessible information by courts shall be determined by the legislation of the Republic of Belarus, including the legislation on judicial proceedings. | Applicable, however the process of requesting is not governed by this law - Article 22 states "Peculiarities of providing publicly accessible information by courts shall be determined by the legislation of the Republic of Belarus, including the legislation on judicial proceedings." |
| Romania | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 2(A): "by "public authority or institution" is meant any public authority or institution which uses or manages public financial resources, any autonomous company governed by the Company Law No. 31/1990 […] The political parties, sports federations and non-governmental public utility organisations that benefit from public funds are also subject to the provisions of this law." | No exception has been recognised in the Law. |
| Russia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 1: (Basic Definitions Used in the Present Federal Law): For the present Federal Law, the following basic definitions have been used: (1) information on the activities of government bodies and bodies of local self-government - information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government - municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity. Article 20(2): The grounds excluding possibility of granting of information on the activities of courts in the Russian Federation are defined by the Federal Law on providing of access to information on the activity of courts in the Russian Federation.. | There is an special law on access to information held by the Courts or the Judicial branch. It can be inferred that the administrative information will be included under the scope, but it can be assured about all information. The list of information available about courts is regulated by this law. Federal Law #262-FZ from Dec 22, 2008, "On Providing Access to Information on the Activities of Courts in the Russian Federation";, Article 1, Paragraph 2 We are analyzing not only the FOI Act, but a number of legal acts. There are specific acts providing obligation for specific organization categories (for instance, housing management companies or natural monopolies) to provide access o information on their activities. |
| Rwanda | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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; |
| Serbia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | The judicial branch seems to be included. |
| Seychelles | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. | Specifically refers to judicial functions |
| Sierra Leone | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | ... | |
| Slovenia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 Korea | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(3) The term "public institution" means any of the following institutions: (a) State agencies: (i) The National Assembly, courts, the Constitutional Court, and the National Election Commission; | |
| South Sudan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Definition of "public body" under Art. 5 covers this comprehensively. | |
| Sri Lanka | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Section 43. In this Act, unless the context otherwise requires public authority means (l) all courts, tribunals and institutions created and established for the administration of justice; | |
| Sweden | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4: \"A single body shall, for the purposes of this Act, be treated as a public authority when it deals with such public documents held by it under the Act\". Article 5. | All judicial bodies and agencies are covered by RTI including access to finalised police investigations. |
| Tanzania | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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; | This is presumably covered by the reference to any body established by the constitution or a law. |
| Tunisia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Art. 2 - La présente loi s’applique aux organismes suivants : ... - les instances judiciaires, le conseil supérieur de magistrature, la cour constitutionnelle, la cour des comptes | |
| Turkey | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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. [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law.[...]" | This article seems to cover the Legislative branch. |
| Uganda | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 |
| Ukraine | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 the state authorities, including the Judicial branch seem to be covered by this article. |
| Uruguay | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | N/A | Expert claims definition of "estatales y no estatales" includes all bodies here. |
| Vanuatu | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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); | - |
| Venezuela | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial bodies |
| Vietnam | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | See Article 9 | These are included in the notion of State agencies. |
| Yemen | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 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 judicial branch with no parties excluded. |
| Zambia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Public Finance Management Act, No. 1 0f 2018, s. 2 | |
| Kosovo | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 3 | 3(1.1) Public Institutions - shall mean the following state institutions and bodies: (1.1.5) Judicial institutions in relation to their activities. | It is unclear what is covered by 'their activities'. |
| Kyrgyzstan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 3 | 26.1. The texts of judicial acts adopted in the prescribed form on the merits of the case and announced publicly shall be open to the public and shall be made public taking into account the norms provided for in parts 2, 3, 5 and 6 of this article. The texts of decisions and conclusions of the Constitutional Court of the Kyrgyz Republic shall be made public in full. 26.2. In the texts of judicial acts open to the public, as well as in the copies of judicial acts submitted upon request, information allowing to identify a person (natural or legal person) may not be disclosed. Such information shall be replaced by initials, letters, or numbers. | The law does not explicitly state that courts are considered state bodies and the scope of coverage is a bit unclear, but other provisions in the law specific to courts seem to suggest they are covered to some extent. |
| Lebanon | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 3 | Article 2: Definition of the administration: For the purposes of this law, “the administration” is: 2 – Public institutions. 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. | Some courts excluded. |
| Liechtenstein | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 3 | Article 2. | Not specifically mentioned. |
| Malta | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | 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 subarticle (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." | |
| Austria | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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. Reason, Re § 1...The term "federal, provincial and municipal bodies" refers to all bodies of the territorial authorities covered by Art. 22a; not only the entire organizational and functional administration, but also the judiciary should be included (legislative bodies should be subject to special publication regulations, see Art. 1 No. 4, 7 and 14). Federal Constitutional Act - B-VG, 22a. (1) The bodies entrusted with the conduct of business of the federal administration or the provincial administration, the bodies of ordinary jurisdiction, the administrative courts, the Administrative Court and the Constitutional Court shall publish information of general interest in a manner accessible to all, unless and for as long as such information is to be kept secret pursuant to subsection. Explanatory Note, Re no. 2 (Art. 22a): Re para. 1 and 2:......The terms “federal administration” and “state administration” are to be understood in a functional sense; This also includes, for example, the matters of judicial administration that are not to be handled by senates or commissions in accordance with the law (monocratic judicial administration) and those of parliamentary administration (cf. VfSlg. 20.446/2021). | Experts agree that this is limited to matters of judicial administration only. |
| Bahamas | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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... ... (5) This Act does not apply to— (a) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court; (6) This Act applies to records of an administrative nature held in a registry or other office of a court. | The Act appears to apply to the judiciary but perhaps only courts crated by law and then only to administrative records explicitly and excludes "other office connected with a court" |
| Israel | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | N/A | Includes Courts, but excludes information in the context of a judicial proceeding. |
| Ivory Coast | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 1. Au sens de la présente loi, on entend par: document définitif: tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public; document public: tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics; information d’intérêt public: toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. 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. | Only administrative functions. |
| Kuwait | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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. | Does not refer to the judicial system although these might be covered under "other public judicial persons". |
| Namibia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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 -(ii) judicial functions of a court, a tribunal or investigating unit established under any law; and (iii) the nomination, selection and appointment of a judicial officer or any other person exercising a judicial or quasi-judicial function in terms of any law; Schedule 3, Public Service Act. | Includes office of the judiciary. Excludes information relating to judicial functions or the nomination/selection/appointment of judicial officer. So essentially only covers the administrative functions of courts. |
| Palau | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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 government which seems to exclude the courts, although these might be included as being created by the Constitution |
| Qatar | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | مادة 2: تسري أحكام هذا القـانـون على الجهـات التالية مادة (1) الوزارات والأجهزة الحكومية الأخرى والهيئات والمؤسسات العامة والجهات التابعة لأي منها. (2) الجمعيات والمؤسسات الخاصة، وغيرها من الكيانات التي تباشر أعمالاً ذات نفع عام. (3)الشركات المملوكة للدولة بالكامل أو التي تساهم فيهما بنسبة (51%) من رأسمالها أو أكثر. (4) الجهات الأخرى التي يصدر بتحديدها قرار من مجلس الوزراء 2. The provisions of this law apply to the following entities: (1) Ministries, other government agencies, public bodies and institutions, and entities affiliated with any of them. (2) Private associations and institutions, and other entities that carry out work of public benefit. (3) Companies wholly owned by the state or in which they contribute 51% of their capital or more. (4) Other bodies specified by a decision of the Council of Ministers |
The judicial branch is not explicitly referenced, but some benefit of the doubt is given that it would be considered a public body or institution. |
| Saint Kitts and Nevis | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 7 | Covers constitutional and statutory bodies but not 100% clear this includes the courts |
| San Marino | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 1(2). Except as provided under Title IV, this Act shall apply: 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. 1(5) The provisions of this Act shall not apply: a) to jurisdictional proceedings... | The scope of "public administration" is not clear but does not explicitly include the judiciary. The meaning of "jurisdictional proceedings" is also unclear but would appear to exempt certain judicial proceedings from disclosure obligations. As a result, two points have been deducted. |
| Saudi Arabia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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. | It is not clear the judiciary is covered under the definition of public entity but some benefit of the doubt given. |
| South Africa | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | ‘‘public body’’ means— ... (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— (b) the judicial functions of— (i) a court referred to in section 166 of the Constitution; (ii) a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or (iii) a judicial officer of such court or Special Tribunal; 12. This Act does not apply to a record-... (d) relating to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law. | |
| Sudan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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 if courts covered. |
| Togo | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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. | Not clear if included in "personnes morales de droit public" |
| Uzbekistan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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; | Not clear if included in "State bodies" but some benefit of doubt given |
| Zimbabwe | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 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; | Since the definition does not include constitutional bodies, only statutory courts would be covered. |
| Andorra | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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. | Article 3.1.c) |
| Angola | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 1 | N/A | Administrative functions |
| Australia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 5 Act to apply to courts in respect of administrative matters (1) For the purposes of this Act: (a) a court... shall be deemed to be a prescribed authority; (b) the holder of a judicial office... or other office pertaining to a court... in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and (c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court; but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature. | S. 5 - only to administrative documents, and with an additional exemption for holders of judicial office. |
| Belgium | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Loi n° 94-1724, Article 1.b: «autorité administrative : une autorité administrative visée à l'article 14 de lois coordonnées sur le Conseil d'Etat;» | The law only applies to the administrative functions of the judicial power. |
| Benin | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 89: La décision rendue par un organe judiciaire est publique. | Very limited coverage of the judiciary. |
| Dominican Republic | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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: (...) h) El Poder Judicial, en cuanto a sus actividades administrativas. | |
| France | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 1 | N/A | There is a specific legislation to access Judicial information. |
| Germany | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Section 1(1) This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. | Only administrative documents. |
| Guyana | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Article 2. "public authority" means - [...] (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; [...] 4(2). For the purposes of this Act - (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority; (c) the disciplined forces in relation to their strategic or operational activities shall not be regarded as public authorities. | 2 - courts are included as public authorities, but 4(2) limits that to administrative information. |
| Ireland | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Article 42. Excludes records held by courts. | Administrative records of the courts are included. |
| Italy | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | N/A | Administrative documents can be requested (if investigations are finished) as offices of the judicial branch fall under the subjective scope of Article 2-bis.(1). |
| Jamaica | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Article 5(1) Subject to subsection (2), this Act applies to - [...] (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; [...] | 5(6)(b). |
| New Zealand | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | N/A | The OIA does not apply to the Controller and Auditor General, nor to the Ombudsmen themselves, but does apply to another Officer of Parliament, the Parliamentary Commissioner for the Environment. For more on scope issues see pages 2-3 of the Ombudsmen 2010 submission to the Law Commission review of the OIA and LGOIMA available here |
| Portugal | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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. | |
| Slovakia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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.\" | Only administrative bodies. |
| Switzerland | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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.<...>" | No mention about bodies of the judicial branch but the administrative service is included |
| Taiwan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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 covers the judiciary, but most of the information is excluded according to the Enforcement Rules of Constitutional Interpretation Procedure Act |
| Thailand | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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 objectsof 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 | 4 - The law applies to courts "only in respect of the affairs unassociated with the trial and adjudication of cases" |
| Trinidad and Tobago | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 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. 5. (2) For the purposes of this Act - (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) a registry or other office of Court Administration, and the staff of such a registry or other office of Court Administration in their capacity as members of that staff in relation to those matters which relate to Court administration, shall be regarded as part of a public authority | S. 4 definitions includes some courts, but 5(2) limits that to administrative documents. |
| United Kingdom | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Section 32. | Administrative matters to do with the courts are subject to the Act. |
| Antigua and Barbuda | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | (7) This Act does not apply to: (c) a court, or the holder of a judicial office or other office pertaining to a court in its capacity or his capacity as such; or (d) a registry or other office of a court and the staff of such a registry or other office in their capacity as members of that staff in relation to matters pertaining to the administration of the court. | |
| Belize | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | SECTION 3 (1) In this Act, unless the context otherwise requires "applicant" means a person who has made a request; " Department" means a Department of the Government of Belize; "document" includes public contracts, grants or leases of land, or any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes; "enactment" means an Act or an instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of a provision of Part IV, is an exempt document; "exempt matter" means matter the inclusion of which in a document causes the document to be an exempt document; "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; "Ombudsman" means the Ombudsman established under the Ombudsman Act; "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; "regulations" means regulations made under this Act; "record" shall have the same meaning as assigned to the term "document"; "request" means a request for access to a document or record made in accordance with this Act; "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. | S 3 - Does not apply to the Courts. |
| Bolivia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Only applies to the Executive Branch. |
| Canada | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | Not mentioned. |
| Cape Verde | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 3(2) For the purposes of this law, the following are not considered administrative documents: ... b) Documents the preparation of which does not fall within the scope of administrative activities, those relating to judicial function or activities, as well as those relating to the meeting of the Council of Ministers and its preparation; | |
| Chile | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | No mention of the judiciary in Art 2. Article the Eigth applies proactive publication requirements to them, but makes no mention of the information requesting procedure. |
| China | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | |
| Cook Islands | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 2. "Interpretation (...) (6) For the avoidance of doubt, it is hereby declared that the terms "Ministry" and "organisation" do not include – (a) a Court (...)" | Art 2(6)(a) |
| Costa Rica | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | Appears not to include judiciary but this is not clear; the Constitutional Court seems to see the constitutional obligation as applying broadly but it seems unlikely that Decree 40200 itself would apply to the judiciary. |
| Denmark | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | Chapter 1, Section 2.1: "This Act shall not apply to criminal justice cases." | Criminal Justice is not included under the scope of the act. |
| East Timor | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Does not refer to courts, although these might be covered under "exercise … public powers". |
| Estonia | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | Not mentioned |
| Ghana | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, | "government" defined only as the executive |
| Greece | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | No specific mention about the judicial branch. |
| Guinea | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Not included and some explicitly excluded |
| Iceland | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | |
| Japan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | No mention of the judiciary. |
| Luxembourg | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Courts are not mentioned |
| Monaco | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Only appears to cover the executive. |
| Mozambique | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 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. | Refers to administration, suggesting judiciary not included |
| Netherlands | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | Section 1.a: \"1. This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, mun icipalities, 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.\" | Judicial bodies are not included under the scope. |
| Niger | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | ||
| Norway | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | Section 2, Paragraph 5 "This Act does not apply to the functions of courts of law pursuant to the statutes relating to the administration of justice. Nor does this Act apply to the functions of other public agencies pursuant to the statutes relating to the administration of justice in their capacity as justice administration agencies. Moreover, this Act does not apply to functions exercised by the police or the prosecuting authority pursuant to the Criminal Procedure Act. The King may by regulations make provision in regard to which statutes are to be regarded as statutes relating to the administration of justice, and to the effect that some functions under the statutes relating to the administration of justice shall nonetheless be encompassed by this Act." | This Act does not apply to cases dealt with pursuant to the statutes relating to the administration of justice. |
| Philippines | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | |
| Spain | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | Artículo 2. (Ámbito subjetivo de aplicación): f) La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de España, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Económico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho Administrativo. | La ley no incluye al poder judicial, unicamente el Consejo General del Poder Judicial estar parcialmente incluido en el alcance de la ley. |
| Tajikistan | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 0 | N/A | |
| United States | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | FOIA does not apply to the judiciary |
